WEST virginia legislature
2025 regular session
Committee Substitute
for
Senate Bill 614
By Senators Rucker, Azinger, Barrett, Fuller, Grady, Hart, Helton, Maynard, Roberts, Rose, Thorne, and Bartlett
[Reported March 12, 2025, from the Committee on Health and Human Resources]
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; authorizing provision of Ivermectin with a collaborate pharmacy practice agreement; authorizing Ivermectin without a prescription upon federal regulations; clarifying liability and disciplinary action protections for pharmacists and health care providers; authorizing rules; establishing effective dates; and establishing severability.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
## §30-5-37. Provision of Ivermectin with collaborative pharmacy practice agreement; over-the-counter sale of Ivermectin; protections for pharmacists; rulemaking; 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;
(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 health care provider is required for the sale or purchase of Ivermectin.
(c) Pharmacist and health care 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 health 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.
(d) Rulemaking. —
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.
(e) Effective date. —
(1) The provisions of this section, except §30-5-37(b), shall be effective 90 days from passage.
(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.
NOTE: 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, once the FDA approves of it for over-the-counter use.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.