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Introduced Version
Senate Bill 42 History
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Key:
Green
= existing Code.
Red
= new code to be enacted
WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 42
By Senator Rucker
[Introduced January 14, 2026; referred
to the Committee on Health and Human Resources; and then to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §30-5-37, relating to pharmacists; authorizing ivermectin without a prescription; clarifying liability and disciplinary action for pharmacists; authorizing rules; and establishing severability.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-37. O
ver
-
the
-
counter
sale
of
Ivermectin
;
protections
for
pharmacists
.
(a)
Authorization to dispense Ivermectin without a prescription
:
(1) Notwithstanding any other provision of this code, a licensed pharmacist may dispense Ivermectin for human use to a patient without requiring a prescription from a licensed healthcare provider;
(2) The pharmacist shall provide the patient with the FDA-approved patient information sheet on Ivermectin at the time of sale; and
(3) No consultation with a pharmacist or other healthcare provider is required for the sale or purchase of Ivermectin.
(b)
Pharmacist and healthcare provider protections
:
(1) A pharmacist who dispenses Ivermectin in accordance with this section shall not be liable for damages in any civil action, criminal prosecution, or professional disciplinary proceeding for dispensing Ivermectin under this section, provided that the pharmacist acts in good faith and in accordance with applicable laws and professional standards; and
(2) A healthcare provider shall not be subject to disciplinary action by any licensing board or other state regulatory agency for prescribing or recommending the use of Ivermectin for any condition within their scope of practice.
(c)
Regulation and Compliance
:
The West Virginia Board of Pharmacy may establish rules to implement this section in accordance with the provisions of §29A-3-1
et seq
. of this code.
(d)
Severability
:
If any provision of this section or its application to any person or circumstance is found to be invalid, the remainder of this section and its application to other persons and circumstances shall not be affected.
NOTE: The purpose of this bill is to enable pharmacists to dispense Ivermectin for human use without a prescription.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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