Montana Code Annotated 2023



Part 1. General

Pharmacist Prescribing Authority -- Exception

37-7-106. Pharmacist prescribing authority -- exception. (1) A pharmacist may prescribe a drug or device for a legitimate medical purpose as allowed under this section for a person with whom the pharmacist has a patient-prescriber relationship.

(2) A pharmacist shall establish the patient-prescriber relationship through a documented patient evaluation that is adequate to:

(a) establish diagnoses, if the drug or device is being prescribed pursuant to subsection (3)(b); and

(b) identify underlying conditions and contraindications to the treatment.

(3) A pharmacist's prescribing authority is limited to drugs and devices that are prescribed for conditions that:

(a) do not require a new diagnosis; or

(b) (i) are minor and generally self-limiting;

(ii) are diagnosed by or for which clinical decisions are made using a test that is waived under the federal clinical laboratory improvement amendments of 1988; or

(iii) are patient emergencies.

(4) A pharmacist may:

(a) prescribe only the drugs or devices for which the pharmacist is educationally prepared and for which competency has been achieved and maintained; and

(b) bill only for assessment services that were necessary, based on the pharmacist's professional judgment, for the pharmacist's decision to prescribe a drug or device pursuant to this section.

(5) A pharmacist may not prescribe a controlled substance or an abortion-inducing drug as that term is defined in 50-20-703.

(6) A pharmacist prescribing a drug or device pursuant to this section shall:

(a) recognize the limits of the pharmacist's knowledge and experience and consult with and refer to other health care providers as appropriate; and

(b) maintain documentation sufficient to justify the care provided, including but not limited to the:

(i) information collected as part of the patient record;

(ii) prescription record;

(iii) provider notification; and

(iv) follow-up care plan.

(7) This section does not apply to a pharmacist who is operating within a collaborative pharmacy practice agreement.

History: En. Sec. 1, Ch. 322, L. 2023.