2025
STATE OF WYOMING
25LSO-0341
ENGROSSED
1HB0164
HOUSE BILL NO. HB0164
Medical prescriptions-off-label purposes.
Sponsored by: Representative(s) Brown, G, Allemand,
Guggenmos, Haroldson, Johnson, Kelly, Lien,
Lucas, Neiman, Ottman, Pendergraft, Schmid,
Strock and Wasserburger and Senator(s)
Hutchings and Ide
A BILL
for
1 AN ACT relating to professions and occupations; authorizing
2 prescribers to prescribe medications for off-label
3 indication as specified; authorizing pharmacists to
4 dispense medications for off-label indication as specified;
5 providing prescribers and pharmacists immunity from
6 disciplinary action as specified; providing for
7 severability of provisions as specified; providing
8 definitions; requiring rulemaking; and providing for an
9 effective date.
10
11
12
13. W.S. 33-1-401 through 33-1-404 are created
14 to read: 2025STATE OF WYOMING25LSO-0341
ENGROSSED
2HB01641
2 ARTICLE 4
3 PRESCRIBING AND DISPENSING DRUGS FOR OFF-LABEL INDICATION
4
5
6
7 (a) As used in this article:
8
9 (i) "Disciplinary action" means any action taken
10 by a health related licensing board against a licensee,
11 including but not limited to revocation, limitation,
12 suspension or denial of a license or any other disciplinary
13 action taken by a health related licensing board against a
14 licensee;
15
16 (ii) "Off-label indication" means drug
17 treatments for conditions other than those stated in the
18 labeling approved by the United States food and drug
19 administration;
20
21 (iii) "Pharmacist" means any person licensed by
22 the board of pharmacy under title 33, chapter 24 of the
23 Wyoming statutes to practice pharmacy; 2025STATE OF WYOMING25LSO-0341
ENGROSSED
3HB01641
2 (iv) "Prescriber" means a physician or a
3 physician assistant licensed under title 33, chapter 26 of
4 the Wyoming statutes, a dentist licensed under title 33,
5 chapter 15 of the Wyoming statutes, an optometrist licensed
6 under title 33, chapter 23 of the Wyoming statutes or an
7 advanced practice registered nurse licensed under title 33,
8 chapter 21 of the Wyoming statutes.
9
10
11
12
13 (a) Notwithstanding any other law, a prescriber may
14 lawfully prescribe a United States food and drug
15 administration approved prescription drug for off-label
16 indication, and a pharmacist is authorized to dispense a
17 prescribed drug for off-label indication within their scope
18 of practice pursuant to a valid prescription order.
19
20 (b) This section shall not apply to prescriptions for
21 substances that are:
22 2025STATE OF WYOMING25LSO-0341
ENGROSSED
4HB01641 (i) Listed as schedule I or schedule II
2 controlled substances under federal law or the Wyoming
3 Controlled Substances Act of 1971;
4
5 (ii) Intended to transition a minor's biological
6 sex as determined by the sex organs, chromosomes and
7 endogenous profiles of the minor or affirm the minor's
8 perception of the minor's sex if that perception is
9 inconsistent with the minor's biological sex;
10
11 (iii) Intended to induce an abortion.
12
13
14
15 (a) Notwithstanding any other law, a prescriber or
16 pharmacist shall not face any adverse action from a health
17 related licensing board, including disciplinary action,
18 loss of employment, hospital privileges or credentials,
19 solely on the basis that a prescriber prescribed a United
20 States food and drug administration approved prescription
21 drug for off-label indication, or a pharmacist dispensed a
22 prescription drug prescribed for off-label indication 2025STATE OF WYOMING25LSO-0341
ENGROSSED
5HB0164
1 pursuant to a valid prescription order pursuant to this
2 article.
3
4 (b) Notwithstanding any other law, any
5 recommendation, prescription, use or opinion of a
6 prescriber or pharmacist related to medical treatment that
7 is not regulated by a health related licensing board, the
8 department of health, a professional association or the
9 United States food and drug administration, shall not be
10 considered unprofessional conduct.
11
12
13
14 The provisions of this article shall be severable and if
15 any phrase, clause, sentence or provision of this article
16 is declared to be unconstitutional or the applicability of
17 this article to any state, agency, person or circumstance
18 is held invalid, the constitutionality of this act and the
19 applicability to any other state, agency person or
20 circumstance shall, with respect to all severable matters,
21 not be affected.
22 2025STATE OF WYOMING25LSO-0341
ENGROSSED
6HB01641The Wyoming state board of medicine, the
2 board of dental examiners, the Wyoming state board of
3 examiners in optometry, the board of nursing and the state
4 board of pharmacy shall adopt all rules necessary to
5 implement this act.
6
7. This act is effective July 1, 2025.
8
9 (END)