Montana § 37-7-106 - Pharmacist Prescribing Authority -- Exception
Full text of Montana Montana Code Annotated § 37-7-106 — Pharmacist Prescribing Authority -- Exception, with citation guidance and answers to common questions.
§ 37-7-106. Pharmacist Prescribing Authority -- Exception
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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 37-7-106
What does Montana Code Annotated § 37-7-106 cover?
Section 37-7-106 ("Pharmacist Prescribing Authority -- Exception") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 37-7-106?
A common citation format is "Montana Code Annotated § 37-7-106" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 37-7-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.