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68th Legislature 2023 SB 561.1
1 SENATE BILL NO. 561
2 INTRODUCED BY S. HINEBAUCH, B. LER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR THE PERMITTING OF VETERINARY RETAIL
5 FACILITIES; PROVIDING FOR THE REGISTRATION OF VETERINARY DISPENSING TECHNICIANS;
6 PROVIDING FOR CONTINUING EDUCATION REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING
7 FOR AN APPLICATION AND PERMIT RENEWAL FEES; PROVIDING RULEMAKING AUTHORITY;
8 AMENDING SECTIONS 37-7-103, 37-18-104, 50-32-401, AND 80-8-207, MCA; AND PROVIDING AN
9 EFFECTIVE DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1. Definitions. As used in [sections 1 through 8], unless the context
14 requires otherwise, the following definitions apply:
15 (1) "Board" means the board of pharmacy provided for in 2-15-1733.
16 (2) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or
17 device.
18 (3) "Controlled substance" means a substance designated in Schedules II through V of Title 50,
19 chapter 32, part 2.
20 (4) "Dispensing" means the delivery of veterinary prescription drugs pursuant to the lawful order of
21 a veterinarian licensed pursuant to 37-18-301 and the associated recordkeeping that is relevant to that practice.
22 (5) "Extralabel use" means the use of an approved drug in a manner that is not in accordance with
23 the approved label directions.
24 (6) "Veterinary dispensing technician" means a nonpharmacist registered by the board to dispense
25 veterinary prescription drugs in a veterinary retail facility.
26 (7) "Veterinary prescription drugs" means drugs that are to be used or prescribed by a veterinarian
27 to a client who is the owner or caretaker of the animal in need of treatment. Veterinary prescription drugs are
28 those drugs restricted by federal law to use by or on the order of a licensed veterinarian.
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68th Legislature 2023 SB 561.1
1 (8) "Veterinary retail facility" means an establishment registered by the board employing a
2 registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to
3 bona fide orders of licensed veterinarians.
4
5 NEW SECTION. Section 2. Exemptions. The provisions of [sections 1 through 8] do not apply to:
6 (1) a licensed veterinarian or a veterinarian's practice; or
7 (2) a licensed pharmacist or a pharmacy.
8
9 NEW SECTION. Section 3. Veterinary retail facility -- permit required. (1) A person, partnership,
10 association, corporation, or limited liability company may not open, establish, operate, maintain, or do business
11 as a veterinary retail facility without first obtaining a permit from the board.
12 (2) The board shall prescribe the permit application form.
13 (3) An application must be accompanied by a fee not to exceed $300.
14 (4) A permit must be renewed annually. The board shall set the renewal fee not to exceed $300.
15 (5) Separate applications and separate permits are required for each veterinary retail facility
16 opened, established, operated, or maintained by the same owner and for a change of location, name, or
17 ownership of an existing veterinary retail facility.
18 (6) The board may adopt rules to implement this section.
19
20 NEW SECTION. Section 4. Standards of veterinary retail facilities. (1) Veterinary prescription
21 drugs dispensed by a veterinary retail facility pursuant to a licensed veterinarian's prescription are for use on
22 livestock only.
23 (2) An employee of a veterinary retail facility may not:
24 (a) dispense controlled substances;
25 (b) compound veterinary prescription drugs for the dispensing of a prescription;
26 (c) repackage veterinary prescription drugs for the dispensing of a prescription, except that a
27 veterinary dispensing technician may break down case lots of veterinary prescription drugs if the seals on the
28 individual containers are not broken;
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68th Legislature 2023 SB 561.1
1 (d) open a container and count out or measure out any quantity of a veterinary prescription drug;
2 or
3 (e) dispense medication for extralabel use.
4 (3) Veterinary prescription drugs returned to a veterinary retail facility from a client must be treated
5 as damaged or outdated drugs. Returned drugs may not be returned to stock or dispensed, distributed, or
6 resold.
7 (4) A veterinary retail facility may dispense veterinary prescription drugs for use on livestock on the
8 basis of a written, electronically transmitted, or oral order received from a licensed veterinarian or authorized
9 agent of a licensed veterinarian.
10 (5) A veterinary retail facility may refill a prescription only if the initial prescription is issued
11 indicating that a specific number of refills are authorized. A prescription may not be refilled 12 or more months
12 after the issuance date of the initial order.
13 (6) A veterinary retail facility shall file or cause to be filed a prescription or copy of a prescription
14 that has been dispensed by the veterinary retail facility. The prescription or copy of a prescription must be
15 preserved for at least 3 years after it has been filled. A veterinary retail facility shall furnish a copy of any
16 prescription to the party presenting it on the request of that party only.
17 (7) Records of receipt and dispensing must be kept for 3 years and may be audited by the board.
18 (8) (a) All veterinary prescription drugs must be properly labeled when dispensed.
19 (b) A complete label must include the following information:
20 (i) the name, address, and telephone number of the prescribing licensed veterinarian;
21 (ii) the name of the client;
22 (iii) identification of animals or herds treated;
23 (iv) the date of treatment, prescription, or dispensing of the drug;
24 (v) the name and quantity of the drug to be prescribed or dispensed;
25 (vi) the dosage and duration directions for use;
26 (vii) cautionary statements, as needed; and
27 (viii) the expiration date.
28 (c) If the information in subsection (8)(b) is already included on the manufacturer's label, it is
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68th Legislature 2023 SB 561.1
1 unnecessary to repeat it on the prescription label. If there is inadequate space on the label for complete
2 instructions, the veterinary dispensing technician shall provide additional information to accompany the drug
3 dispensed or prescribed.
4 (9) Veterinary prescription drugs must be stored separately from over-the-counter drugs. Drugs
5 must be stored under conditions recommended by the manufacturer.
6
7 NEW SECTION. Section 5. Veterinary dispensing technicians -- educational requirements. A
8 veterinary retail facility may employee a veterinary dispensing technician who shall successfully complete:
9 (1) an academic program approved by the board; or
10 (2) a certification program approved by the board.
11
12 NEW SECTION. Section 6. Veterinary dispensing technicians -- registration requirements. (1) A
13 veterinary dispensing technician shall register with the board on an annual basis.
14 (2) The board shall provide to each veterinary dispensing technician a registration number, an
15 annual registration card, a registration certificate, and a pocket identification card.
16 (3) The veterinary dispensing technician certificate and annual registration card must be displayed
17 and visible to the public in the veterinary retail facility where the veterinary dispensing technician is employed.
18 (4) A veterinary dispensing technician shall wear a name badge while in the veterinary retail facility
19 that clearly identifies the person as a veterinary dispensing technician.
20 (5) A veterinary dispensing technician shall inform the board of a change in address or place of
21 employment within 15 days after the change. The board shall subsequently adjust the board's records.
22 (6) A registered veterinary dispensing technician may go on inactive status and continue to hold a
23 certificate of registration provided the inactive technician does not practice within the state. A technician on
24 inactive status is not required to meet the continuing education requirements under [section 7]. A technician on
25 inactive status shall complete 8 hours of approved continuing education to reactivate the registration.
26 (7) The board may adopt rules to implement this section.
27
28 NEW SECTION. Section 7. Veterinary dispensing technician -- continuing education. (1) Each
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68th Legislature 2023 SB 561.1
1 registered veterinary dispensing technician shall complete no fewer than 8 hours of approved continuing
2 education each year as a condition of registration renewal. At least 4 hours of continuing education must be
3 approved by the board of pharmacy, and another 4 hours of continuing education must be approved by the
4 board of veterinary medicine provided for in 2-15-1742.
5 (2) A veterinary dispensing technician shall maintain a record of continuing education on a form
6 provided by the board of veterinary medicine. The records must be maintained for a 2-year period.
7 (3) The requirements of this section do not apply to a veterinary dispensing technician applying for
8 a first renewal of registration.
9 (4) The board of pharmacy may grant a waiver to the requirements of this section on application by
10 a registered veterinary dispensing technician.
11 (5) On request from the board of pharmacy, proof of compliance with this section must be
12 furnished to the board of veterinary medicine.
13 (6) The board of veterinary medicine may adopt rules to implement this section.
14
15 NEW SECTION. Section 8. Penalties for violations. A person, partnership, association,
16 corporation, or limited liability company violating the provisions of [sections 1 through 8] is guilty of a
17 misdemeanor. On conviction for any violation of [sections 1 through 8], the board may revoke a permit or
18 registration issued pursuant to [sections 1 through 8] or issue other disciplinary action pursuant to 37-1-136.
19
20 Section 9. Section 37-7-103, MCA, is amended to read:
21 "37-7-103. Exemptions. Subject only to 37-2-104, 37-7-401, and 37-7-402, and except as provided in
22 [sections 1 through 8], this chapter does not:
23 (1) subject a medical practitioner, as defined in 37-2-101, or a person who is licensed in this state
24 to practice veterinary medicine to inspection by the board, prevent the person from compounding or using
25 drugs, medicines, chemicals, or poisons in the person's practice, or prevent a medical practitioner from
26 furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the
27 treatment of the patient;
28 (2) prevent the sale of drugs, medicines, chemicals, or poisons at wholesale;
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68th Legislature 2023 SB 561.1
1 (3) prevent the sale of drugs, chemicals, or poisons at either wholesale or retail for use for
2 commercial purposes or in the arts;
3 (4) change any of the provisions of this code relating to the sale of insecticides and fungicides;
4 (5) prevent the sale of common household preparations and other drugs if the stores selling them
5 are licensed under the terms of this chapter;
6 (6) apply to or interfere with manufacture, wholesaling, vending, or retailing of flavoring extracts,
7 toilet articles, cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature
8 for use for nonmedicinal purposes;
9 (7) prevent a registered nurse employed by a family planning clinic under contract with the
10 department of public health and human services from dispensing factory prepackaged contraceptives, other
11 than mifepristone, if the dispensing is in accordance with a physician's written protocol specifying the
12 circumstances under which dispensing is appropriate and is in accordance with the board's requirements for
13 labeling, storage, and recordkeeping of drugs; or
14 (8) prevent a certified agency from possessing, or a certified euthanasia technician or support
15 personnel under the supervision of the employing veterinarian from administering, any controlled substance
16 authorized by the board of veterinary medicine for the purpose of euthanasia pursuant to Title 37, chapter 18,
17 part 6."
18
19 Section 10. Section 37-18-104, MCA, is amended to read:
20 "37-18-104. (Temporary) Exemptions -- rules. (1) This chapter does not apply to:
21 (a) a veterinarian in the performance of the veterinarian's official duties, either civil or military, in
22 the service of the United States unless the veterinarian is engaged in the practice of veterinary medicine in a
23 private capacity;
24 (b) laboratory technicians and veterinary research workers, as distinguished from veterinarians, in
25 the employ of this state or the United States and engaged in labors in laboratories under the direct supervision
26 of the board of livestock, Montana state university-Bozeman, or the United States;
27 (c) a veterinarian practicing in another state or country and authorized under the laws of that state
28 or country to practice veterinary medicine, whose practice in this state is limited to an occasional case as that
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68th Legislature 2023 SB 561.1
1 term is defined in board rule;
2 (d) the employment of a veterinary medical student who has successfully completed 3 years of the
3 professional curriculum in veterinary medicine at a college having educational standards equal to those
4 approved by the American veterinary medical association, if the student is employed by and works under the
5 immediate supervision of a veterinarian licensed and registered under this chapter; or
6 (e) a person advising with respect to or performing acts that the board defines by rule as accepted
7 livestock management practices; or
8 (f) a veterinary dispensing technician who is registered and subject to [sections 1 through 8].
9 (2) The operations known and designated as castrating or dehorning of cattle, sheep, horses, and
10 swine are not the practice of veterinary medicine within the meaning of this chapter.
11 (3) Nonsurgical embryo transfers in bovines may be performed under the supervision of a
12 veterinarian licensed and residing in Montana. At a minimum, board rules regarding nonsurgical embryo
13 transfers in bovines must address:
14 (a) minimum education requirements;
15 (b) minimum requirements of practical experience;
16 (c) continuing education requirements;
17 (d) limitations on practices and procedures that may be performed by certified individuals;
18 (e) the use of specific drugs necessary for safe and proper practice of certified procedures;
19 (f) content and administration of the certification test, including written and practical testing;
20 (g) application and reexamination procedures; and
21 (h) conduct of certified individuals, including rules for suspension, revocation, and denial of
22 certification.
23 (4) This chapter does not prohibit a person from caring for and treating the person's own farm
24 animals or being assisted in this treatment by the person's full-time employees, as defined in 2-18-601,
25 employed in the conduct of the person's business or by other persons whose services are rendered gratuitously
26 in case of emergency.
27 (5)