37-7-509. Limitations on liability. - Montana Statutes

     37-7-509. Limitations on liability. (1) A pharmacist making a product selection under the provisions of this part assumes no greater responsibility for selecting the dispensed drug product than the pharmacist would incur in filling a prescription for a drug product prescribed by a generic name.
     (2) When a pharmacist selects a drug product, the prescriber may not be held liable in an action for loss, damage, injury, or death to a person caused by the use of the selected drug product, except that if the original drug product was incorrectly prescribed, the prescriber is not relieved of liability.

     History: En. 66-1534 by Sec. 7, Ch. 403, L. 1977; R.C.M. 1947, 66-1534; amd. Sec. 1369, Ch. 56, L. 2009.