Text of WY HB 164 (2025)
Medical prescriptions-off-label purposes.
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As introduced
4,845 characters
2025
STATE OF WYOMING
25LSO-0341
1
HB0164
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 definitions;
7
requiring rulemaking; and providing for an effective date.
8
9
Be It Enacted by the Legislature of the State of Wyoming:
10
11
Section 1. W.S. 33-1-401 through 33-1-403 are created
12
to read:
13
14
ARTICLE 4
2025
STATE OF WYOMING
25LSO-0341
2
HB0164
1
PRESCRIBING AND DISPENSING DRUGS FOR OFF-LABEL INDICATION
2
3
33-1-401. Definitions.
4
5
(a) As used in this article:
6
7
(i) "Disciplinary action" means any action taken
8
by a health related licensing board against a licensee,
9
including but not limited to revocation,
limitation,
10
suspension or denial of a license or any other disciplinary
11
action taken by a health related licensing board against a
12
licensee;
13
14
(ii) "Off-label
indication"
means
drug
15
treatments for conditions other than those stated in the
16
labeling approved by the United States food and drug
17
administration;
18
19
(iii) "Pharmacist" means any person licensed by
20
the board of pharmacy under title 33, chapter 24 of the
21
Wyoming statutes to practice pharmacy;
22
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STATE OF WYOMING
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HB0164
1
(iv) "Prescriber"
means
a
physician
or
a
2
physician assistant licensed under title 33, chapter 26 of
3
the Wyoming statutes, a dentist licensed under title 33,
4
chapter 15 of the Wyoming statutes, an optometrist licensed
5
under title 33, chapter 23 of the Wyoming statutes or an
6
advanced practice registered nurse licensed under title 33,
7
chapter 21 of the Wyoming statutes.
8
9
33-1-402. Prescribing drugs for off-label indication;
10
exception.
11
12
(a) Notwithstanding any other law, a prescriber may
13
lawfully
prescribe
a
United
States
food
and
drug
14
administration approved prescription drug for off-label
15
indication, and a pharmacist is authorized to dispense a
16
prescribed drug for off-label indication within their scope
17
of practice pursuant to a valid prescription order.
18
19
(b) This section shall not apply to prescriptions for
20
substances that are:
21
2025
STATE OF WYOMING
25LSO-0341
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HB0164
1
(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
33-1-403. Professional conduct.
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 or employer, including disciplinary
18
action,
loss
of
employment,
hospital
privileges
or
19
credentials,
solely
on
the
basis
that
a
prescriber
20
prescribed a United States food and drug administration
21
approved prescription drug for off-label indication, or a
22
pharmacist dispensed a prescription drug prescribed for
2025
STATE OF WYOMING
25LSO-0341
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HB0164
1
off-label indication pursuant to a valid prescription order
2
pursuant to this 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
Section 2. The Wyoming state board of medicine, the
13
board of dental examiners, the Wyoming state board of
14
examiners in optometry, the board of nursing and the state
15
board of pharmacy shall adopt all rules necessary to
16
implement this act.
17
18
Section 3. This act is effective July 1, 2025.
19
20
(END)
As enrolled or final
4,711 characters
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. The Wyoming state board of medicine, the
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
4
Section 3. This act is effective July 1, 2025.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk