Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.174 - BOARD OF PHARMACY
Subchapter 24.174.9 - Patient Counseling
Rule 24.174.903 - PATIENT COUNSELING

(1) Upon receipt of a new, refill, or transfer prescription if deemed necessary by the pharmacist, each patient or caregiver, agent, or representative of the patient shall be offered the opportunity to discuss matters which will enhance or optimize drug therapy with the pharmacist. The discussion shall be in person, whenever practicable, or by telephone, and shall include appropriate elements of patient counseling. Pharmacy personnel may make the offer to counsel, but the pharmacist must personally conduct the counseling.

(2) Each pharmacy shall have at least one area that offers appropriate visual and auditory patient confidentiality for patient counseling.

(3) Alternative forms of patient information shall be used to supplement patient counseling when appropriate and when required. Examples include written information leaflets, pictogram labels, video programs, QR codes, etc. The pharmacy shall provide medication guides or confirm patient access to the medication guides and/or patient package inserts, comply with risk evaluation and mitigation strategies, and/or other labeling requirements as required by the U.S. Food and Drug Administration.

(4) Patient counseling, as described above and defined in this Act shall not be required for inpatients of a hospital or institution where other licensed health care professionals are authorized to administer the drug(s). Any pharmacist dispensing medication to be self-administered outside an institution shall comply with all patient counseling statutes and rules.

(5) A pharmacist shall not be required to counsel a patient or caregiver when the patient or caregiver refuses consultation. A record of the refusal shall be maintained.