- (1) No out-of-state pharmacy shall ship, mail, or deliver prescription drugs and/or devices to a patient in this state unless licensed in the home-state location and by the Montana Board of Pharmacy.
(2) As conditions of licensure, the out-of-state mail order pharmacy must comply with the following:
- (a) be a legal entity registered and in good standing with the Montana Secretary of State with a registered agent in Montana for service of process designated;
- (b) be registered and in good standing with the National Association of Boards of Pharmacy Digital Pharmacy Accreditation program, if applicable and if eligible based on offering at least one interactive pharmacy practice component;
- (c) maintain, in readily retrievable form, records of legend drugs and/or devices dispensed to Montana patients;
- (d) supply upon request, all information needed by the Montana Board of Pharmacy to carry out the board's responsibilities under the statutes and regulations pertaining to out-of-state mail order pharmacies, including information on the use of pharmacy technicians;
- (e) maintain pharmacy hours that permit the timely dispensing of drugs to Montana patients and provide reasonable access for the Montana patients to consult with a licensed pharmacist about such patients' medications; and
- (f) provide toll-free telephone communication consultation between a Montana patient and a pharmacist at the pharmacy who has access to the patient's records, and ensure that the telephone number(s) will be placed upon the label affixed to each drug or device container or in the educational materials included with the product. A toll-free telephone number shall also be provided to the board to allow for compliance with all information requests by the board.
Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.