37-7-308. Preparation and approval of utilization plan -- revocation of or refusal to renew plan -- contested case hearing. - Montana Statutes

     37-7-308. Preparation and approval of utilization plan -- revocation of or refusal to renew plan -- contested case hearing. (1) A supervising pharmacist shall:
     (a) prepare the utilization plan and submit a summary of the plan to the board for approval;
     (b) keep on file in the pharmacy a copy of the utilization plan for inspection by the board; and
     (c) annually review the utilization plan and provide documentation to the board that the plan accurately reflects the current use of the services of a pharmacy technician or auxiliary.
     (2) The board shall refuse to approve or shall revoke or fail to renew approval of a utilization plan if it does not conform to the provisions of 37-7-307 through 37-7-309 and rules adopted under those sections.
     (3) One year after the board revokes approval of a utilization plan, the supervising pharmacist may reapply for approval by complying with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections.
     (4) Before refusing to approve or before revoking or failing to renew approval of a utilization plan, the board shall provide the supervising pharmacist a reasonable time in which to supply additional information demonstrating compliance with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections and the opportunity to request a hearing.
     (5) If a supervising pharmacist requests a hearing, the board shall conduct the hearing in accordance with the contested case procedures in Title 2, chapter 4, part 6.

     History: En. Sec. 4, Ch. 219, L. 1991.