Montana Administrative Register Notice 24-174-73 No. 21   11/08/2019    
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                                 BEFORE THE BOARD OF PHARMACY

                             DEPARTMENT OF LABOR AND INDUSTRY

                                               STATE OF MONTANA


In the matter of the adoption of New Rule I pertaining to positive identification for controlled substance prescriptions






TO: All Concerned Persons


            1. On December 6, 2019, at 10:00 a.m., a public hearing will be held in the Small Conference Room, 301 South Park Avenue, 4th Floor, Helena, Montana, to consider the proposed adoption of the above-stated rule.


            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Pharmacy no later than 5:00 p.m., on November 29, 2019, to advise us of the nature of the accommodation that you need. Please contact Marcie Bough, Board of Pharmacy, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2371; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdpha@mt.gov (board's e-mail).


            3. The proposed new rule is as follows:


            NEW RULE I POSITIVE IDENTIFICATION FOR CONTROLLED SUBSTANCE PRESCRIPTIONS  (1)  The board authorizes the following allowable identifications in addition to those listed in 37-7-410, MCA:

            (a)  a valid government-issued photo identification, including but not limited to passport, military, or state-issued identification.


            AUTH: 37-7-201, 37-7-410, MCA

            IMP:    37-7-410, MCA


REASON: The 2019 Montana Legislature enacted Chapter 89, Laws of 2019 (House Bill 86), an act to generally revise prescription drug laws. The governor signed the bill March 21, 2019, and the relevant portions became effective October 1, 2019 and are codified at 37-7-410, MCA. Prior to the effective date of the legislation, numerous licensees contacted staff with concern regarding the limited forms of identification in the statute.  The board determined it is reasonably necessary to adopt New Rule I to implement the bill by expanding the allowable photo identifications to include other commonly used, government-issued forms of identification.


            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Pharmacy, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdpha@mt.gov, and must be received no later than 5:00 p.m., December 6, 2019.


            5. An electronic copy of this notice of public hearing is available at www.pharmacy.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.


            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Pharmacy, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdpha@mt.gov; or made by completing a request form at any rules hearing held by the agency.


            7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted on October 4, 2019, by telephone.


            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the adoption of New Rule I will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Pharmacy, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2371; facsimile (406) 841-2305; or to dlibsdpha@mt.gov.


            9. Marcie Bough, Executive Officer, has been designated to preside over and conduct this hearing.









Darcee L. Moe

Rule Reviewer


Galen Hollenbaugh, Commissioner



            Certified to the Secretary of State October 29, 2019.

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