(1) Each out-of-state mail service pharmacy that ships, mails or delivers prescription drugs and/or devices to a patient in the state of Montana shall designate a resident agent in Montana for service of process.

(2) Any such out-of-state mail service pharmacy that does not so designate a resident agent and that ships, mails or delivers prescription drugs and/or devices in the state of Montana shall be deemed an appointment by such out-of-state mail service pharmacy of the Secretary of State to be its true and lawful attorney, upon whom may be served all legal process in any action or proceeding against such pharmacy growing out of or arising from such delivery.

(3) A copy of any such service of process shall be mailed to the out-of-state mail service pharmacy by the complaining party by certified mail, return receipt requested, postage prepaid, at the address of such out-of-state mail service pharmacy as designated on the pharmacy's application for registration in this state.

(4) If any such pharmacy is not registered in this state, service on the Secretary of State of Montana only shall be sufficient service.