2023 23LSO-0445
STATE OF WYOMING
HOUSE BILL NO. HB0119
Medical prescriptions-off label purposes.
Sponsored by: Representative(s) Penn, Angelos, Bear, Davis,
Haroldson, Hornok, Jennings, Neiman, Ottman,
Smith and Ward and Senator(s) Brennan and Salazar
A BILL
for
1 AN ACT relating to professions and occupations; authorizing
2 prescribers to prescribe medications for off label
3 indication as specified; authorizing pharmacists to
4 dispense medications for off label indication as specified;
5 providing prescribers and pharmacists immunity from
6 disciplinary action as specified; providing definitions;
7 providing prescribers and pharmacists civil immunity as
8 specified; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 33-1-401 through 33-1-404 are created
13 to read:
14
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1 ARTICLE 4
2 PRESCRIBING AND DISPENSING DRUGS FOR OFF LABEL INDICATION
3
4 33-1-401. Definitions.
5
6 (a) As used in this article:
7
8 (i) "Disciplinary action" means any action taken
9 by a health related licensing board against a licensee,
10 including but not limited to revocation, limitation,
11 suspension or denial of a license or any other disciplinary
12 action taken by a health related licensing board against a
13 licensee;
14
15 (ii) "Off label indication" means the
16 prescribing of prescription drugs for treatments other than
17 those stated in the labeling approved by the United States
18 food and drug administration;
19
20 (iii) "Pharmacist" means any person licensed by
21 the board of pharmacy under title 33, chapter 24 of the
22 Wyoming statutes to practice pharmacy as specified in W.S.
23 33-24-124;
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1
2 (iv) "Prescriber" means a physician or a
3 physician assistant licensed under title 33, chapter 26 of
4 the Wyoming statutes, a dentist licensed under title 33,
5 chapter 15 of the Wyoming statutes or an advanced practice
6 registered nurse licensed under title 33, chapter 21 of the
7 Wyoming statutes.
8
9 33-1-402. Prescribing drugs for off label indication;
10 exception.
11
12 (a) Notwithstanding any law to the contrary, a
13 prescriber may lawfully prescribe a United States food and
14 drug administration approved prescription drug for off
15 label indication and a pharmacist is authorized to dispense
16 a prescribed drug for off label indication pursuant to a
17 valid prescription order.
18
19 (b) This section shall not apply to prescriptions for
20 substances that are listed as schedule I or schedule II
21 controlled substances under federal law or the Wyoming
22 Controlled Substances Act of 1971, W.S. 35-7-1001 through
23 35-7-1063.
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1
2 33-1-403. Professional conduct.
3
4 (a) Notwithstanding any law to the contrary, a
5 prescriber or pharmacist shall not face any adverse action
6 from a health related licensing board or employer,
7 including disciplinary action, loss of employment, hospital
8 privileges or credentials, solely on the basis that a
9 prescriber prescribed a United States food and drug
10 administration approved prescription drug for off label
11 indication or a pharmacist dispensed a prescription drug
12 prescribed for off label indication pursuant to a valid
13 prescription order pursuant to this article. Any action
14 taken by a prescriber or pharmacist authorized under this
15 article shall not be considered unprofessional conduct.
16
17 (b) Notwithstanding any law to the contrary, any
18 recommendation, prescription, use or opinion of a
19 prescriber or pharmacist related to medical treatment for
20 COVID-19 as defined by W.S. 1-1-141(a)(ii), including
21 medical treatment that is not recommended or regulated by a
22 health related licensing board, the department of health, a
23 professional association or the United States food and drug
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1 administration, shall not be considered unprofessional
2 conduct.
3
4 33-1-404. Immunity from civil liability.
5
6 Notwithstanding any law to the contrary, a prescriber or
7 pharmacist is immune from civil liability for damages or
8 penalties for acts, omissions, health care decisions or the
9 rendering of or failure to render health care services if
10 the prescriber or pharmacist is acting pursuant to this
11 article.
12
13 Section 2. This act is effective July 1, 2023.
14
15 (END)
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