Terms Used In Montana Code > Title 3 > Chapter 7 > Part 3 - Water Masters

• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Collaborative pharmacy practice agreement: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Commissioner: means the commissioner of labor and industry unless otherwise specified. See Montana Code 37-1-121
• Community pharmacy: when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice. See Montana Code 37-2-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-401
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Drug: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Drug company: means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. See Montana Code 37-2-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

  (a)whether a person has violated a provision of law justifying discipline against the person;

  (b)the status of compliance with a stipulation or order of the department;

  (c)whether a license should be granted, denied, or conditionally issued; or

  (d)whether the department should seek an injunction. See Montana Code 37-1-401

• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• License: means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• Medical practitioner: means any person licensed by the state of Montana to engage in:

  (a)the practice of medicine, dentistry, osteopathy, podiatry, or optometry;

  (b)the practice of pharmacy and authorized to:

  (i)prescribe immunizations pursuant to 37-7-105; or

  (ii)prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or

  (c)a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs. See Montana Code 37-2-101

• Naturopathic physician: means a person licensed under Title 37, chapter 26, to practice naturopathic health care. See Montana Code 37-2-101
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• occupation: means a profession or occupation regulated by the department under the provisions of:

  (a)Title 37, chapter 2, part 6;

  (b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or

  (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

• Opioid: has the meaning of "opiate" provided in 50-32-101. See Montana Code 37-2-101
• Opioid-naive patient: means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed. See Montana Code 37-2-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual and any partnership, firm, corporation, association, or other business entity. See Montana Code 37-2-101
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Pharmacy: has the meaning provided in 37-7-101. See Montana Code 37-2-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• State: means the state of Montana or any political subdivision of the state. See Montana Code 37-2-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute: A law passed by a legislature.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• Writing: includes printing. See Montana Code 1-1-203