ORIGINAL HOUSE ENGROSSED
BILL NO. HB0164
ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
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; ORIGINAL HOUSE ENGROSSED
BILL NO. HB0164
ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2(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; ORIGINAL HOUSE ENGROSSED
BILL NO. HB0164
ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3(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.
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. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0164
ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk