HB499INTRODUCED
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YP5S62-1
By Representative Whorton
RFD: Health
First Read: 18-May-23
2023 Regular Session
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5 YP5S62-1 05/18/2023 JC (L)tgw 2023-1125
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SYNOPSIS:
Existing law requires Ivermectin to be dispensed
by a pharmacist only on the prescription of a licensed
physician.
This bill would permit a physician, a
physician's assistant, or a certified registered nurse
practitioner to give a pharmacist a standing order that
has been approved by the State Board of Pharmacy to
dispense Ivermectin to individuals without a
prescription. The standing order would contain a
protocol providing the pharmacist with guidelines for
providing Ivermectin to individuals who request it.
This bill would prohibit health care providers
and pharmacists from participating in any program or
receiving any benefit that would induce them to
encourage patients or the public to use Ivermectin.
This bill would also prohibit health care
providers qualified to give a standing order and
pharmacists who follow a standing order from being
subject to disciplinary action from the respective
governing licensing board as a result of dispensing
Ivermectin.
A BILL
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TO BE ENTITLED
AN ACT
Relating to prescription drugs; to provide for the
dispensing of Ivermectin by a pharmacist without an individual
prescription pursuant to a standing order issued by a
physician, physician's assistant, or certified registered
nurse practitioner; to protect physicians, physician's
assistants, certified registered nurse practitioners, and
pharmacists from licensure disciplinary action due to
dispensing Ivermectin.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) HEALTH CARE PROVIDER. A physician licensed by the
Medical Licensure Commission pursuant to Article 8, Chapter 24
of Title 34, Code of Alabama 1975; a physician's assistant
licensed by the State Board of Medical Examiners pursuant to
Article 7, Chapter 24 of Title 34, Code of Alabama 1975; or a
certified registered nurse practitioner licensed and certified
by the Board of Nursing pursuant to Article 5, Chapter 21 of
Title 34, Code of Alabama 1975.
(2) STANDING ORDER. A prescription order that is not
patient specific.
Section 2. A pharmacist may dispense Ivermectin without
a prescription to an individual who is 19 years of age or
older, or to an unemancipated individual under the age of 19
upon written consent of the individual's parent or legal
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guardian, pursuant to a standing order that has received the
approval of the State Board of Pharmacy and is signed by a
health care provider.
Section 3. The standing order shall include all of the
following:
(1) A risk assessment protocol for use by the
pharmacist to screen an individual who requests Ivermectin and
which includes a plan for treating adverse events.
(2) A standardized information sheet that provides the
following information for the individual who is dispensed
Ivermectin:
a. Indications and contraindications for the use of
Ivermectin.
b. Instructions for using Ivermectin.
c. A statement on the importance of follow-up care and
health care referral information.
(3) A form for the pharmacist to record the completion
of the risk assessment protocol and the dosage dispensed to
the individual.
Section 4. No health care provider who signs a standing
order, and no pharmacist who dispenses Ivermectin pursuant to
a standing order, shall participate in any program or accept
anything of value that induces the health care provider or
pharmacist to affirmatively commend or endorse the use of
Ivermectin to an individual or the public.
Section 5. (a) The governing licensing board shall not
take disciplinary action against a health care provider who
signs a standing order for Ivermectin which has been approved
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by the State Board of Pharmacy based on a pharmacist's
dispensing of Ivermectin pursuant to that standing order.
(b) The State Board of Pharmacy shall not take
disciplinary action against a pharmacist based upon any of the
following:
(1) The pharmacist's failure in good faith to correctly
interpret and follow the standing order upon dispensing
Ivermectin.
(2) A defect in the standing order upon which the
pharmacist relies when dispensing Ivermectin.
(3) The pharmacist's refusal to dispense Ivermectin
upon the request of an individual, notwithstanding the
existence of a standing order for Ivermectin signed by a
health care provider and authorized by the State Board of
Pharmacy covering the pharmacist's employer or practice.
Section 6. The State of Board of Pharmacy shall adopt
rules to implement and administer this act.
Section 7. This act shall not constitute standards of,
nor be construed as evidence for, the practice of medicine or
the practice of pharmacy. Nothing in this act shall alter,
amend, or supersede any provision of Section 6-5-333, Code of
Alabama 1975, or the Alabama Medical liability Act of 1987
commencing with Section 6-5-540, Code of Alabama 1975, or the
Alabama Medical Liability Act of 1996, commencing with Section
6-5-548, Code of Alabama 1975, or any amendment to any of the
foregoing, or any judicial interpretation of the foregoing.
Evidence of compliance or noncompliance with this act shall
not be admissible to prove the negligence or the breach of any
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other standard of care of any party in any civil action.
Section 8. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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