Back to Wyoming

HB0164 • 2025

Medical prescriptions-off-label purposes.

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; requiring rulemaking; and providing for an effective date.

Abortion Healthcare Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Brown, G
Last action
2025-03-19
Official status
enrolled
Effective date
7/1/2025

Plain English Breakdown

The official source material does not provide information on professional associations regulating medical treatment recommendations.

Medical Prescriptions for Off-Label Uses

This law allows doctors and pharmacists to prescribe and dispense FDA-approved medications for off-label uses, except for certain drugs like those used in sex transitions or abortions.

What This Bill Does

  • Allows prescribers to write prescriptions for FDA-approved prescription drugs for off-label purposes.
  • Permits pharmacists to fill these off-label prescriptions within their scope of practice.
  • Protects prescribers and pharmacists from disciplinary action when prescribing or dispensing drugs for off-label uses, as long as it's not for certain excluded drugs like those used in sex transitions or abortions.

Who It Names or Affects

  • Doctors and other healthcare providers who can prescribe medications for off-label uses.
  • Pharmacists who can fill prescriptions for off-label drug use.
  • Patients who may receive drugs prescribed for conditions not listed on their labels.

Terms To Know

Off-Label Indication
Using a medication to treat a condition that is different from what the FDA has approved it for.
Disciplinary Action
Actions taken by health licensing boards against healthcare providers, such as revoking or suspending their licenses.

Limits and Unknowns

  • The law does not apply to certain drugs like those used in sex transitions or abortions.
  • It only applies to FDA-approved prescription drugs and excludes controlled substances listed under federal laws.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0164H3001

3rd reading • Representative Campbell, E

Failed

Plain English: The amendment to HB0164 changes the bill so that medications must be approved by the United States Food and Drug Administration (FDA) before they can be prescribed for off-label purposes.

  • Adds a requirement that medications must be FDA-approved before being prescribed or dispensed for off-label use.
  • Removes specific language about how prescribers and pharmacists should act regarding off-label prescriptions.
  • Simplifies the text by removing unnecessary punctuation.
  • The amendment does not specify what happens if a medication is FDA-approved but not listed for a particular use, leaving some uncertainty on this point.
HB0164H3002

3rd reading • Representative Singh

Failed

Plain English: The amendment removes the word 'or' after 'federal law' on page 4, line 2 of HB0164, changing it to 'and'.

  • Removes 'or' and replaces it with 'and' after 'federal law' in a specific location of the bill.
  • The amendment text is very technical and does not provide context about why this change is necessary or what impact it will have.
HB0164H3003

3rd reading • Representative Clouston

Adopted

Plain English: The amendment removes the phrase 'or employer' from a specific line in HB0164, which is about medical prescriptions for off-label purposes.

  • Removes the words 'or employer' from the bill text.
  • It's unclear what removing these two words will change in practice without more context on how they were used originally.
HB0164HW001

Committee of the Whole • Representative Chestek

Failed

Plain English: The amendment proposes to remove a specific section from the bill that relates to medical prescriptions for off-label purposes.

  • Removes part of the bill's text starting at page 4, line 11.
  • It is unclear what exact content was removed and how it affects the rest of the bill.
HB0164HW002

Committee of the Whole • Representative Clouston

Failed

Plain English: The amendment removes references to certain types of disciplinary actions that prescribers and pharmacists could face when prescribing or dispensing medications for off-label purposes.

  • Removes the phrase 'or employer' from a section likely dealing with who can take disciplinary action against prescribers or pharmacists.
  • Deletes mentions of specific disciplinary actions such as employment consequences or hospital privileges restrictions.
  • The exact context and implications of these changes are not fully clear without additional information about the original bill's text.
HB0164HS001

Standing Committee • House Labor, Health and Social Services Committee

Adopted

Plain English: The amendment adds a new section to the bill that allows parts of it to continue functioning even if some parts are found unconstitutional.

  • Adds a new clause after line 6 on page 1, which states that certain provisions can be separated and remain valid even if other parts of the law are declared unconstitutional.
  • Changes a reference from '33-1-403' to '33-1-404' in the bill text.
  • Inserts a new section titled 'Severability of provisions' on page 5, which explains that if any part of the law is found unconstitutional or invalid for certain situations, other parts can still be applied.
  • The exact impact and application of this amendment depend on how courts interpret its new severability clause in future legal challenges.
HB0164S2001

2nd reading • Senator Brennan

Withdrawn

Plain English: The amendment to HB0164 removes specific references in the bill text, changing numbering for certain items.

  • Removes lines 1 through 3 from page 4 of the bill.
  • Changes '(ii)' to '(i)' on line 5 of page 4.
  • Changes '(iii)' to '(ii)' on line 11 of page 4.
  • The amendment does not provide context for why these changes are being made, which limits understanding of the full impact.
HB0164SS001

Standing Committee • Senate Labor, Health and Social Services Committee

Adopted

Plain English: The amendment removes certain provisions from the bill related to medical prescriptions for off-label purposes.

  • Removes language about providing an effective date for the act.
  • Deletes a specific reference to section 33-1-404 and replaces it with section 33-1-403.
  • Eliminates content on page 4, line 18.
  • Strikes out provisions from page 5, lines 12 through 21.
  • The amendment does not specify what was removed or why these sections were deleted, which limits understanding of the full impact.

Bills Worth Reading With This One

These pairings are meant to flag bills from the same session that may have a bigger real-world effect when you read them together.

HB0064

HB0064 and HB0164 both address aspects of abortion regulation but in different ways. HB0064 requires ultrasounds before chemical abortions, while HB0164 allows off-label prescription drugs for medical purposes except those intended to induce an abortion.

High confidence Needs review

Possible combined effect: HB0064 creates a requirement and penalty for ultrasound procedures prior to chemical abortions, whereas HB0164 provides immunity from disciplinary action for prescribers and pharmacists who do not dispense or prescribe drugs intended to induce an abortion. Together, these bills create a regulatory framework that both imposes procedural requirements and offers protections against certain medical practices related to abortion.

Why this got flagged:
  • HB0064 and HB0164 both address aspects of abortion regulation but in different ways. Reading them together provides insight into the comprehensive approach taken by lawmakers regarding medical procedures related to abortion.
  • This act requires that, at least forty‑eight (48) hours before a pregnant woman procures the drugs necessary for a chemical abortion, the pregnant woman must receive an ultrasound.
  • The act creates a misdemeanor offense for violating the ultrasound requirement specified in this act.
  • Schedule I and II controlled substances, drugs intended to transition a minor's sex and drugs intended to induce an abortion are excluded.
  • This act prohibits health related licensing boards from taking disciplinary action against someone prescribing or someone dispensing prescription drugs pursuant to a prescription for off-label purposes.

Bill History

  1. 2025-03-19 LSO

    Assigned Chapter Number 164

  2. 2025-03-19 Governor

    Governor Signed HEA No. 0074

  3. 2025-03-05 Senate

    S President Signed HEA No. 0074

  4. 2025-03-05 House

    H Speaker Signed HEA No. 0074

  5. 2025-03-05 LSO

    Assigned Number HEA No. 0074

  6. 2025-03-05 House

    H Concur:Passed 54-7-1-0-0

  7. 2025-03-05 House

    H Received for Concurrence

  8. 2025-03-04 Senate

    S 3rd Reading:Passed 22-9-0-0-0

  9. 2025-03-03 Senate

    S 2nd Reading:Passed

  10. 2025-02-28 Senate

    S 2nd Reading:Laid Back

  11. 2025-02-27 Senate

    S COW:Passed

  12. 2025-02-27 Senate

    S Placed on General File

  13. 2025-02-27 Senate

    S10 - Labor:Recommend Amend and Do Pass 3-2-0-0-0

  14. 2025-02-10 Senate

    S Introduced and Referred to S10 - Labor

  15. 2025-02-04 Senate

    S Received for Introduction

  16. 2025-02-03 House

    H 3rd Reading:Passed 42-15-5-0-0

  17. 2025-01-31 House

    H 2nd Reading:Passed

  18. 2025-01-30 House

    H COW:Passed

  19. 2025-01-27 House

    H Placed on General File

  20. 2025-01-27 House

    H10 - Labor:Recommend Amend and Do Pass 7-1-1-0-0

  21. 2025-01-21 House

    H Introduced and Referred to H10 - Labor

  22. 2025-01-14 House

    H Received for Introduction

  23. 2025-01-13 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 25LSO-0341

Bill No.:

HB0164

Effective:

7/1/2025

LSO No.:

25LSO-0341

Enrolled Act No.:

HEA No. 0074

Chapter No.:

164

Prime Sponsor:

Brown, G

Catch Title:

Medical prescriptions-off-label purposes.

Has Report:

No

Subject:

Medical prescriptions.

Summary/Major Elements:

This act provides in statute that a prescriber may lawfully prescribe Food and Drug Administration (FDA) approved prescription drugs for off-label purposes and pharmacists may dispense off-label drugs as prescribed. Schedule I and II controlled substances, drugs intended to transition a minor's sex and drugs intended to induce an abortion are excluded.

This act prohibits health related licensing boards from taking disciplinary action against someone prescribing or someone dispensing prescription drugs pursuant to a prescription for off-label purposes.

This act provides that any recommendation, prescription or opinion of a prescriber or pharmacist related to medical treatment that is not regulated by a health related licensing board, the Department of Health or the FDA shall not be considered unprofessional conduct.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
25LSO-0341

ORIGINAL House

ENGROSSED
Bill No
.
HB0164

ENROLLED ACT NO. 74,

HOUSE OF REPRESENTATIVES

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

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; requiring rulemaking; 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 drug treatments for conditions 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;

(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 other law, 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 their scope of practice pursuant to a valid prescription order.

(b)

This section shall not apply to prescriptions for substances that are:

(i)

Listed as schedule I or schedule II controlled substances under federal law or the Wyoming Controlled Substances Act of 1971;

(ii)

Intended to transition a minor's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the minor or affirm the minor's perception of the minor's sex if that perception is inconsistent with the minor's biological sex;

(iii)

Intended to induce an abortion.

33
‑
1
‑
403.

Professional conduct.

(a)

Notwithstanding any other law, a prescriber or pharmacist shall not face any adverse action from a health related licensing board, including disciplinary action, 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.

(b)

Notwithstanding any other law, any recommendation, prescription, use or opinion of a prescriber or pharmacist related to 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.

Section 2.

The Wyoming state board of medicine, the board of dental examiners, the Wyoming state board of examiners in optometry, the board of nursing and the state board of pharmacy shall adopt all rules necessary to implement this act.

Section 3
.

This act is effective July 1, 2025
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1