HB0164

Authorizes prescribers and pharmacists to prescribe and dispense FDA-approved medications for off-label uses and provides them with immunity from disciplinary action for doing so, subject to specified exceptions.

• Defines key terms including 'off-label indication' (drug treatments for conditions not approved by the FDA), 'prescriber' (physicians, physician assistants, dentists, optometrists, and advanced practice registered nurses), 'pharmacist' (licensed pharmacy practitioners), and 'disciplinary action' (actions by health licensing boards). (W.S. 33-1-401)
• Allows prescribers to lawfully prescribe FDA-approved drugs for off-label indications and permits pharmacists to dispense such drugs pursuant to a valid prescription order within their scope of practice. (W.S. 33-1-402(a))
• Excludes from off-label authorization prescriptions for Schedule I and II controlled substances under federal law or Wyoming law. (W.S. 33-1-402(b)(i))
• Excludes from off-label authorization prescriptions intended to transition or affirm a minor's biological sex. (W.S. 33-1-402(b)(ii))
• Excludes from off-label authorization prescriptions intended to induce abortion. (W.S. 33-1-402(b)(iii))
• Prohibits health licensing boards and employers from taking adverse action, including disciplinary action, loss of employment, or loss of hospital privileges, solely because a prescriber prescribed or a pharmacist dispensed an FDA-approved drug for off-label indication as permitted under this article. (W.S. 33-1-403(a))
• Provides that recommendations, prescriptions, uses, or opinions of prescribers or pharmacists not regulated by health licensing boards, the Department of Health, professional associations, or the FDA shall not be considered unprofessional conduct. (W.S. 33-1-403(b))
• Requires the Wyoming State Board of Medicine, Board of Dental Examiners, Wyoming State Board of Examiners in Optometry, Board of Nursing, and State Board of Pharmacy to adopt rules necessary to implement the act. (Sec. 2)

Effective: July 1, 2025