Montana Code Annotated 2023



Part 1. Prescribing and Dispensing of Drugs


37-2-101. Definitions. As used in this part, the following definitions apply:

(1) "Collaborative pharmacy practice agreement" has the meaning provided in 37-7-101.

(2) "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.

(3) "Controlled substance" has the meaning provided in 37-7-101.

(4) "Device" means any instrument, apparatus, or contrivance intended:

(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

(b) to affect the structure or any function of the body of humans.

(5) "Dispense" has the meaning provided in 37-7-101.

(6) "Drug" has the meaning provided in 37-7-101.

(7) "Drug company" means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. The term does not include a pharmacy.

(8) "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.

(9) "Naturopathic physician" means a person licensed under Title 37, chapter 26, to practice naturopathic health care.

(10) "Opioid" has the meaning of "opiate" provided in 50-32-101.

(11) "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.

(12) "Person" means any individual and any partnership, firm, corporation, association, or other business entity.

(13) "Pharmacy" has the meaning provided in 37-7-101.

(14) "State" means the state of Montana or any political subdivision of the state.

History: En. Sec. 1, Ch. 311, L. 1971; R.C.M. 1947, 27-901; amd. Sec. 2, Ch. 379, L. 1981; amd. Sec. 1, Ch. 588, L. 1987; amd. Sec. 43, Ch. 83, L. 1989; amd. Sec. 1, Ch. 444, L. 1989; amd. Sec. 2, Ch. 388, L. 2001; amd. Sec. 17, Ch. 467, L. 2005; amd. Sec. 4, Ch. 89, L. 2019; amd. Sec. 2, Ch. 322, L. 2023.