Montana good-faith exam for med spas

Good-faith examination in Montana

THE SECTIONS CITED HERE GOVERN THE PRE-TREATMENT ENCOUNTER THROUGH A TELEMEDICINE DEFINITION, A TELEHEALTH AUTHORIZATION, AND A BOARD RULE THAT SAYS WHEN A PROVIDER-PATIENT RELATIONSHIP EXISTS. The Code defines telemedicine as the practice of medicine by interactive electronic communications, information technology, or audio-only conversation between a licensee and a patient in different locations, and permits a person licensed under Title 37 to provide health care to do so by telehealth when that is appropriate, meets the standard of care, and complies with the licensing board’s rules. The Board of Medical Examiners’ telemedicine rule then sets the terms of that relationship: treatment occurs where the patient is, the same standard of care applies as in person, and a provider-patient relationship may be established by an in-person interview and examination when the standard of care requires one, by consultation with another provider who has a documented relationship with the patient, or through telemedicine if the standard of care does not require an in-person encounter. Before treating, prescribing, or delegating, the licensee must establish that relationship and obtain a medical history sufficient for diagnosis and treatment, and may delegate the patient’s care only to providers the licensee knows to be qualified, who have their own relationship with the patient, or who can reach the licensee for consultation. The pharmacy act defines compounding and says it does not prevent a medical practitioner from compounding or using drugs in the practitioner’s practice or furnishing drugs to a patient; neither cited pharmacy section names a drug or mentions office stock.

• "Telemedicine" means the practice of medicine using interactive electronic communications, information technology, audio-only conversations, or other means between a licensee in one location and a patient in another location with or without an intervening health care provider. Telemedicine includes the application of secure videoconferencing or store-and-forward technology. (b) The term does not mean an e-mail or instant messaging conversation or a message sent by facsimile transmission.

  Mont. Code Ann. § 37-3-102(14)(a)-(b) · verified Sep 8, 2026

• A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth: (a) is appropriate for the services being provided; (b) meets the standard of care for delivery of services; and (c) complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.

  Mont. Code Ann. § 37-2-305(1) · verified Sep 8, 2026

• Treatment of a patient who is physically located in Montana by a licensee using telemedicine occurs where the patient is physically located. (2) The licensee using telemedicine in the treatment and care of patients in Montana shall adhere to the same standards of care required for in-person medical care settings.

  Mont. Admin. R. 24.156.813(1)-(2) · verified Sep 8, 2026

• A provider-patient relationship may be established for purposes of telemedicine: (a) by an in-person medical interview and physical examination when the standard of care requires an in-person encounter; (b) by consultation with another licensee or health care provider who has a documented relationship with the patient and who agrees to participate in, or supervise, the patient's care; or (c) through telemedicine if the standard of care does not require an in-person encounter.

  Mont. Admin. R. 24.156.813(3) · verified Sep 8, 2026

• The licensee using telemedicine in patient care shall: (a) make available to the patient verification of the licensee's identity and credentials; (b) verify the identity of the patient; (c) establish a provider-patient relationship prior to initiating care; (d) obtain a medical history sufficient for diagnosis and treatment in keeping with the applicable standard of care prior to providing treatment or issuing prescriptions, or delegating the patient's medical services to other health care providers; (e) delegate the patient's medical care only to health care providers: (i) who are known by the licensee to be qualified and competent to perform the delegated services; (ii) with whom the patient has an established provider-patient relationship; or (iii) who have physical or electronic access to the licensee for consultation and follow-up while the patient is under the licensee's or the delegee's care;

  Mont. Admin. R. 24.156.813(5)(a)-(e) · verified Sep 8, 2026

• "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or device based on: (a) a practitioner's prescription drug order; (b) a professional practice relationship between a practitioner, pharmacist, and patient; (c) research, instruction, or chemical analysis, but not for sale or dispensing; (d) the preparation of drugs or devices based on routine, regularly observed prescribing patterns; or (e) the preparation of drugs based on a facility being registered as an outsourcing facility with the FDA.

  Mont. Code Ann. § 37-7-101(9) · verified Sep 8, 2026

• this chapter does not: (1) subject a medical practitioner, as defined in 37-2-101 , who is not a pharmacist or a person who is licensed in this state to practice veterinary medicine to inspection by the board, prevent the person from compounding or using drugs, medicines, chemicals, or poisons in the person's practice, or prevent a medical practitioner from furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the treatment of the patient;

  Mont. Code Ann. § 37-7-103(1) · verified Sep 8, 2026