Committee hears cleanup bill to let clinician staff hand medications to direct primary care patients

Senator Tom McGillivray presented a cleanup bill to the House Business and Labor Committee to fix an unintended requirement in 2021's direct primary care statute that had forced physicians or physician assistants to physically hand medications to patients.

"There's a little glitch in the legislation," McGillivray said, explaining that the original language required the practitioner personally to deliver dispensed medicines. The bill as presented would permit health-care staff working under the practitioner's supervision to convey and hand medications to patients after the drugs are prepared, labeled and the patient's identification verified.

Rob Cook, representing the Montana Medical Association, said the association supports the bill because it will "provide for more affordable drug pricing, it's convenient and it's secure" if the practice includes identity verification and counseling by the practitioner. Cole Whit Moyer, a nurse practitioner who testified for the Montana Direct Patient Care Association, described how his clinic seals labeled bottles in a bag with the patient's name and date of birth, then hands that sealed package to the patient.

During questions, committee members asked for detail about the phrase in the bill requiring "two forms of identification written on the package by the provider." Whit Moyer described the practice used at his clinic: staff count and verify the medication, label the bottle, then place it in a sealed bag with the patient's first name, last name and date of birth; the bag is sealed so staff can hand it to the patient.

The Department of Labor and Industry's Board of Pharmacy staff were present to answer technical questions. The transcript excerpt does not show a committee vote on the bill.