2007 Montana Legislature

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SENATE BILL NO. 397

INTRODUCED BY K. GILLAN

 

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING A MEDICAL PRACTITIONER TO DISPENSE DRUGS AT EMPLOYER-BASED ONSITE CLINICS PURSUANT TO A PRESCRIPTION WRITTEN BY A MEDICAL PRACTITIONER; AMENDING SECTION 37-2-104, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 37-2-104, MCA, is amended to read:

     "37-2-104.  Dispensing of drugs by medical practitioners unlawful -- exceptions. (1) Except as otherwise provided by this section, it is unlawful for a medical practitioner to engage, directly or indirectly, in the dispensing of drugs.

     (2)  This section does not prohibit:

     (a)  a medical practitioner from furnishing a patient any drug in an emergency;

     (b)  the administration of a unit dose of a drug to a patient by or under the supervision of a medical practitioner;

     (c)  dispensing a drug to a patient by a medical practitioner whenever there is no community pharmacy available to the patient;

     (d)  the dispensing of drugs by a medical practitioner:

     (i) occasionally, but not as a usual course of doing business, by a medical practitioner; or

     (ii) at an employer-based onsite clinic pursuant to a written prescription from a medical practitioner;

     (e)  a medical practitioner from dispensing drug samples;

     (f)  the dispensing of factory prepackaged oral contraceptives by a registered nurse employed by a family planning clinic under contract with the department of public health and human services if the dispensing is in accordance with:

     (i)  a physician's written protocol specifying the circumstances under which dispensing is appropriate; and

     (ii)  the drug labeling, storage, and recordkeeping requirements of the board of pharmacy;

     (g)  a contract physician at an urban Indian clinic from dispensing drugs to qualified patients of the clinic. The clinic may not stock or dispense any dangerous drug, as defined in 50-32-101, or any controlled substance. The contract physician may not delegate the authority to dispense any drug for which a prescription is required under 21 U.S.C. 353(b)."

 

     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of SB 397 (SB0397.01)
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