Read the full stored bill text
23LSO-0445
2023
STATE OF WYOMING
23LSO-0445
ENGROSSED
3.0
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
AN ACT relating to professions and occupations; authorizing prescribers to prescribe medications for off label indication as specified; authorizing pharmacists to dispense medications for off label indication as specified; providing prescribers and pharmacists immunity from disciplinary action as specified; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 33
‑
1
‑
401 through 33
‑
1
‑
403 are created to read:
ARTICLE 4
PRESCRIBING AND DISPENSING DRUGS FOR OFF LABEL INDICATION
33
‑
1
‑
401.
Definitions.
(a)
As used in this article:
(i)
"Disciplinary action" means any action taken by a health related licensing board against a licensee, including but not limited to revocation, limitation, suspension or denial of a license or any other disciplinary action taken by a health related licensing board against a licensee;
(ii)
"Off label indication" means the prescribing of prescription drugs for treatments other than those stated in the labeling approved by the United States food and drug administration;
(iii)
"Pharmacist" means any person licensed by the board of pharmacy under title 33, chapter 24 of the Wyoming statutes to practice pharmacy as specified in W.S. 33
‑
24
‑
124;
(iv)
"Prescriber" means a physician or a physician assistant licensed under title 33, chapter 26 of the Wyoming statutes, a dentist licensed under title 33, chapter 15 of the Wyoming statutes, an optometrist licensed under title 33, chapter 23 of the Wyoming statutes or an advanced practice registered nurse licensed under title 33, chapter 21 of the Wyoming statutes.
33
‑
1
‑
402.
Prescribing drugs for off label indication; exception.
(a)
Notwithstanding any law to the contrary, a prescriber may lawfully prescribe a United States food and drug administration approved prescription drug for off label indication and a pharmacist is authorized to dispense a prescribed drug for off label indication within the scope of practice pursuant to a valid prescription order.
(b)
This section shall not apply to prescriptions for substances that are listed as schedule I or schedule II controlled substances under federal law or the Wyoming Controlled Substances Act of 1971, W.S. 35
‑
7
‑
1001 through 35
‑
7
‑
1063.
33
‑
1
‑
403.
Professional conduct.
(a)
Notwithstanding any law to the contrary, a prescriber or pharmacist shall not face any adverse action from a health related licensing board or employer, including disciplinary action, loss of employment, hospital privileges or credentials, solely on the basis that a prescriber prescribed a United States food and drug administration approved prescription drug for off label indication or a pharmacist dispensed a prescription drug prescribed for off label indication pursuant to a valid prescription order pursuant to this article. Any action taken by a prescriber or pharmacist authorized under this article shall not be considered unprofessional conduct if the prescriber has obtained the informed consent of the patient specifically acknowledging the off label indication and use.
(b)
Notwithstanding any law to the contrary, any recommendation, prescription, use or opinion of a prescriber or pharmacist related to medical treatment for COVID
‑
19 as defined by W.S. 1
‑
1
‑
141(a)(ii), including medical treatment that is not regulated by a health related licensing board, the department of health, a professional association or the United States food and drug administration, shall not be considered unprofessional conduct provided the prescriber has obtained the informed consent of the patient specifically acknowledging the off label indication and use.
Section 2
.
This act is effective July 1, 2023
.
(END)
1
HB0119