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69th Legislature 2025 SB 456
- 1 - Authorized Print Version – SB 456
ENROLLED BILL
AN ACT GENERALLY REVISING PROFESSIONS AND OCCUPATIONS LAWS; ALLOWING A HEALTH
CARE STAFF MEMBER OTHER THAN A PRACTITIONER TO DISPENSE DRUGS UNDER CERTAIN
CIRCUMSTANCES; AND AMENDING SECTION 37-2-104, MCA.
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 -- registration -- exceptions. (1) Subject
to subsection (7), a medical practitioner may dispense drugs if the practitioner:
(a) registers with the board of pharmacy provided for in 2-15-1733; and
(b) complies with the requirements of this section.
(2) (a) Drugs dispensed by a medical practitioner must be:
(a)(i) dispensed directly by the practitioner at the practitioner's office or place of practice;
(b)(ii) dispensed only to the practitioner's own patients; and
(iii) dispensed with the offer of counseling from the practitioner; and
(c)(iv) necessary in the treatment of the condition for which the practitioner is attending the patient.
(b) Health care staff, other than the practitioner, who are at the practitioner's office or place of
practice, may convey the dispensed drugs if:
(i) the drugs are prepared and sealed with two forms of identification written on the package by
the provider; and
(ii) the identification of the patient is verified by the staff member conveying the drugs.
(3) Before dispensing a drug, a medical practitioner shall offer to give a patient the prescription in a
written, electronic, or facsimile form that the patient may choose to have filled by the practitioner or any
pharmacy.
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69th Legislature 2025 SB 456
- 2 - Authorized Print Version – SB 456
ENROLLED BILL
(4) Except as otherwise provided in this section, a medical practitioner:
(a) may dispense only those drugs that the practitioner is allowed to prescribe under the
practitioner's scope of practice unless the practitioner is engaged in the practice of pharmacy and dispensing a
drug pursuant to Title 37, chapter 7; and
(b) may not dispense a controlled substance unless the practitioner is engaged in the practice of
pharmacy and is dispensing a controlled substance pursuant to Title 37, chapter 7.
(5) A medical practitioner dispensing drugs shall comply with and is subject to the provisions of this
part and the provisions of:
(a) Title 37, chapter 7, parts 4, 5, and 15;
(b) Title 50, chapter 31, parts 3 and 5;
(c) the labeling, storage, inspection, and recordkeeping requirements established by the board of
pharmacy; and
(d) all applicable federal laws and regulations.
(6) A medical practitioner registering with the board of pharmacy shall pay a fee established by the
board by rule. The fee must be paid at the time of registration and on each renewal of the practitioner's license.
(7) Except as provided in subsection (8), a medical practitioner registered with the board of
pharmacy may not dispense drugs to an injured worker being treated pursuant to Title 39, chapter 71.
(8) This section does not prohibit any of the following when a medical practitioner has not
registered to dispense drugs or when a practitioner registered to dispense drugs is treating an injured worker
pursuant to Title 39, chapter 71:
(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 occasionally, but not as a usual course of doing business, by a medical
practitioner;
(e) a medical practitioner from dispensing drug samples;
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69th Legislature 2025 SB 456
- 3 - Authorized Print Version – SB 456
ENROLLED BILL
(f) the dispensing of factory prepackaged contraceptives, other than mifepristone, 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).
(h) a medical practitioner from dispensing a drug if the medical practitioner has prescribed the drug
and verified that the drug is not otherwise available from a community pharmacy. A drug dispensed pursuant to
this subsection (8)(h) must meet the labeling, storage, and recordkeeping requirements of the board of
pharmacy.
(i) a medical practitioner from dispensing an opioid antagonist as provided in 50-32-605.
(9) For the purposes of this section, the term "medical practitioner" includes a naturopathic
physician."
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I hereby certify that the within bill,
SB 456, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 456
INTRODUCED BY T. MCGILLVRAY
AN ACT GENERALLY REVISING PROFESSIONS AND OCCUPATIONS LAWS; ALLOWING A HEALTH CARE
STAFF MEMBER OTHER THAN A PRACTITIONER TO DISPENSE DRUGS UNDER CERTAIN
CIRCUMSTANCES; AND AMENDING SECTION 37-2-104, MCA.