SB 614 — Authorizing over-the-counter sale of Ivermectin

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 614 By Senators Rucker, Azinger, Barrett, Fuller, Grady, Hart, Helton, Maynard, Roberts, Rose, Thorne, and WillisBartlett [Introduced[Reported FebruaryMarch 27,12, 2025;2025, from the Committee on Health and Human Resources] CS for SB 614 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §30-5-37, relating to pharmacists dispensing Ivermectin;

referredauthorizing toprovision theof CommitteeIvermectin onwith Healtha andcollaborate Humanpharmacy Resources;practice agreement;

andauthorizing thenIvermectin towithout the Committee on the Judiciary] Intr SB 614 2025R3490 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a newprescription section,upon designatedfederal §30-5-37,regulations; relating to pharmacists;

authorizingclarifying Ivermectinliability withoutand adisciplinary prescription;action protections for pharmacists and health care providers;

clarifying liability and disciplinary action for pharmacists;

establishing effective dates;

Over-the-counterProvision sale of Ivermectin;Ivermectin with collaborative pharmacy practice agreement;

protectionsover- forthe-counter pharmacists.sale of Ivermectin;

(a)protections Authorizationfor topharmacists; dispense Ivermectin without a prescription:

(1)rulemaking; 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;

effective date;

severability.

(a) Provision of Ivermectin with collaborate pharmacy practice agreement.

— A pharmacist, in good faith, may provide Ivermectin to a patient pursuant to a valid collaborative pharmacy practice agreement, in accordance with §30-5-19, containing a non- patient-specific prescriptive order and standardized procedures developed and executed by one or more authorized prescribers.

(b) Authorization to dispense Ivermectin without a prescription.

— (1) Upon the federal Food and Drug Administration approving Ivermectin for over-the- counter use, 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 health care provider;

and (3) No consultation with a pharmacist or other healthcarehealth care provider is required for the sale 1 CS for SB 614 or purchase of Ivermectin.

(b)(c) Pharmacist and healthcarehealth care provider protections: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 healthcarehealth care 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)(d) RegulationRulemaking. and Compliance:

Intr— SB 614 2025R3490 The West Virginia Board of Pharmacy may establish rules to implement this section in accordance with the provisions of §29A-3-1 et seq.

(d)(e) Severability:Effective date.

If— any(1) provisionThe provisions of this sectionsection, orexcept its§30-5-37(b), applicationshall to any person or circumstance is found to be invalid,effective the90 remainderdays offrom thispassage. section and its application to other persons and circumstances shall not be affected.

(2) §30-5-37(b) shall be effective immediately upon the federal Food and Drug Administration approving Ivermectin for over-the-counter use.

(f) 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.

The purpose of this bill is to enable pharmacists to dispense Ivermectin for human use pursuant to a collaborative pharmacy practice agreement and without a prescription.prescription, once the FDA approves of it for over-the-counter use.