37-2-104. Dispensing of drugs by medical practitioners unlawful -- exceptions. (1) Except as otherwise provided by this section, it is unlawful for a medical practitioner to engage, directly or indirectly, in the dispensing of drugs.
     (2) This section does not prohibit:
     (a) a medical practitioner from furnishing a patient any drug in an emergency;
     (b) the administration of a unit dose of a drug to a patient by or under the supervision of a medical practitioner;
     (c) dispensing a drug to a patient by a medical practitioner whenever there is no community pharmacy available to the patient;
     (d) the dispensing of drugs occasionally, but not as a usual course of doing business, by a medical practitioner;
     (e) a medical practitioner from dispensing drug samples;
     (f) the dispensing of factory prepackaged contraceptives, other than mifepristone, by a registered nurse employed by a family planning clinic under contract with the department of public health and human services if the dispensing is in accordance with:
     (i) a physician's written protocol specifying the circumstances under which dispensing is appropriate; and
     (ii) the drug labeling, storage, and recordkeeping requirements of the board of pharmacy;
     (g) a contract physician at an urban Indian clinic from dispensing drugs to qualified patients of the clinic. The clinic may not stock or dispense any dangerous drug, as defined in 50-32-101, or any controlled substance. The contract physician may not delegate the authority to dispense any drug for which a prescription is required under 21 U.S.C. 353(b).
     (h) a medical practitioner from dispensing a drug if the medical practitioner has prescribed the drug and verified that the drug is not otherwise available from a community pharmacy. A drug dispensed pursuant to this subsection (2)(h) must meet the labeling requirements of the board of pharmacy.

     History: En. Sec. 3, Ch. 311, L. 1971; R.C.M. 1947, 27-903; amd. Sec. 1, Ch. 22, L. 1979; amd. Sec. 1, Ch. 472, L. 1989; amd. Sec. 1, Ch. 445, L. 1991; amd. Sec. 57, Ch. 418, L. 1995; amd. Sec. 86, Ch. 546, L. 1995; amd. Sec. 1, Ch. 125, L. 2007; amd. Sec. 1, Ch. 166, L. 2009.