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24.174.813    CLASS IV FACILITY

(1) A Class IV facility shall be administered in compliance with the following standards:

(a) that any legend drugs dispensed shall first have been packaged, labeled, and otherwise prepared by a registered pharmacist holding a current license in Montana. The pharmacist is to be recorded with the board and the board shall be notified of any change of the pharmacist in charge.

(i) a legend drug is defined as one that is controlled by federal law and carries the legend "Federal Law Prohibits Dispensing Without a Prescription".

(b) that the registered pharmacist in charge shall provide this service to said facility at regular periods and that these periods be posted at said facility.

(c) that adequate locked storage be provided for all drugs referred to in these rules. Only the pharmacist may have access to the legend drug stock. However, the person in charge, or his or her designee, may obtain a product that has been properly prepared by the pharmacist for delivery to the recipient.

(d) that records for all legend drugs dispensed and to whom be kept at the facility for the purpose of accounting for these drugs. These records would include present stock and all shipments received thereafter.

(e) that these drugs be delivered to the recipient at no cost for the drug.

(f) that the dispensing of drugs by M.D.'s not be restricted except as defined in 37-2-104 and 37-7-103 , MCA.

(g) that nothing in these rules authorizes the dispensing of any drugs and devices other than the following:

(i) oral contraceptives; injectable long-term contraceptives; progestational drugs; diaphragms; contraceptive jellies; creams, and foams; IUD's; condoms; vaginal creams, ointments, and suppositories used in the routine treatment of vaginal disorders.

(h) that all nonlegend contraceptive devices and products be dispensed in accordance with the contraceptive drug or device law, Title 45, chapter 8, 45-8-204 , MCA.

(i) that each family planning center must apply for a license from the board and submit the required fee for a Class IV facility. This license is to be displayed in a conspicuous place at the facility.

History: 37-7-201, MCA; IMP, 37-7-201, 37-7-321, MCA; NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/31/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; TRANS, from Commerce, 2002 MAR p. 904.

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