37-2-101. Definitions. As used in this part, the following definitions apply:
     (1) "Community pharmacy", when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice.
     (2) "Device" means any instrument, apparatus, or contrivance intended:
     (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;
     (b) to affect the structure or any function of the body of man.
     (3) "Drug" means any article:
     (a) recognized in the official United States Pharmacopoeia/National Formulary or in any supplement to the pharmacopoeia/formulary;
     (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;
     (c) intended to affect the structure or any function of the body of man;
     (d) intended for use as a component of any article described in subsection (a), (b), or (c) of this subsection (3), but the term does not include any device or any components of a device.
     (4) "Drug company" means any person engaged in the manufacturing, processing, packaging, or distribution of drugs; but the term does not include a pharmacy.
     (5) "Medical practitioner" means any person licensed by the state of Montana to engage in the practice of medicine, dentistry, osteopathy, podiatry, optometry, or a nursing specialty as described in 37-8-202(5) and in the licensed practice to administer or prescribe drugs.
     (6) "Person" means any individual and any partnership, firm, corporation, association, or other business entity.
     (7) "Pharmacy" means an establishment which engages in the sale of drugs requiring a prescription.
     (8) "State" means the state of Montana or any political subdivision thereof.

     History: En. Sec. 1, Ch. 311, L. 1971; R.C.M. 1947, 27-901; amd. Sec. 2, Ch. 379, L. 1981; amd. Sec. 1, Ch. 588, L. 1987; amd. Sec. 43, Ch. 83, L. 1989; amd. Sec. 1, Ch. 444, L. 1989.