24.174.831 PRESCRIPTION REQUIREMENTS
(1) Prescriptions [or drug orders] shall include, but not be limited to:
(a) patient's name;
(b) name of drug, device, or biological;
(c) strength of drug or biological, if applicable;
(d) dosage form of drug or biological, if applicable;
(e) quantity of drug, device, or biological prescribed;
(f) directions for use;
(g) date of issuance;
(h) prescriber's name;
(i) if the prescription is written, it must contain the prescriber's hand-written signature and the name of the prescriber stamped, typed, printed, or clearly handwritten in addition to the signature;
(ii) if the prescription is written, it must be tamper-resistant and contain all of the following characteristics:
(A) one or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription form;
(B) one or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription pad by the prescriber; and
(C) one or more industry-recognized features designed to prevent the use of counterfeit prescription forms.
(i) number of refills authorized;
(i) when the refill designation on the prescription is prn or Pro re nata, such designation, unless otherwise limited, means a refill for one year;
(ii) if a prescription is for a controlled substance in Schedules III, IV, or V, refill five times in the six months from the date of issuance;
(iii) if a prescription is for a noncontrolled drug, device, or biological, refill for 12 months from the date of issuance;
(iv) controlled substances in Schedule II cannot be refilled and a refill designation for a controlled substance in Schedule II has no meaning.
(j) if the prescription is for a controlled substance, the following additional information is required to be on the prescription:
(i) patient's address;
(ii) prescriber's address; and
(iii) prescriber's Drug Enforcement Administration (DEA) registration number.
(2) Prescription or refill authorization issued by a prescriber may be communicated to a pharmacist or a pharmacist intern by an employee or agent of the prescriber.
(3) "Brand name medically necessary" shall be handwritten (or printed if electronically generated) on the face of the prescription if it is medically necessary that an equivalent drug product not be selected.
(4) "Chart order" means a lawful order entered on the chart or a medical record of a patient or resident of a facility by a practitioner, or his or her designated agent, for a drug or device and shall be considered a prescription.
History: 37-7-201, MCA; IMP, 37-7-201, 37-7-505, MCA; NEW, 1985 MAR p. 1017, Eff. 7/26/85; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD and TRANS, from ARM 24.174.510, 2015 MAR p. 302, Eff. 3/27/15.