HB0164 creates a new Wyoming law authorizing licensed prescribers to prescribe U.S. Food and Drug Administration-approved prescription drugs for off-label indications, and authorizing pharmacists to dispense those prescriptions when they are issued within the pharmacist’s scope of practice and supported by a valid prescription order. The bill defines key terms such as “off-label indication,” “prescriber,” “pharmacist,” and “disciplinary action,” and it directs the relevant licensing boards to adopt rules to implement the act.
The bill also limits the reach of this authorization. It excludes prescriptions involving Schedule I or II controlled substances, drugs intended to transition a minor’s biological sex or affirm a minor’s gender identity when inconsistent with biological sex, and drugs intended to induce an abortion. In addition, it provides that prescribers and pharmacists may not be subject to adverse licensing action solely for off-label prescribing or dispensing under the act, and it states that certain recommendations or opinions about medical treatment not regulated by a licensing board or the FDA are not to be treated as unprofessional conduct.
Impact
HB0164 adds a new statutory article to Title 33 governing prescribing and dispensing drugs for off-label indications. It expands explicit legal protection for physicians, physician assistants, dentists, optometrists, and advanced practice registered nurses, as well as pharmacists, by shielding them from disciplinary action based solely on lawful off-label use under the bill. The act requires rulemaking by the dental, optometry, nursing, and pharmacy boards, and it takes effect July 1, 2025.
Sentiment
The bill appears to have received generally favorable support in both chambers, passing the House 42-15 and the Senate 22-9, with a strong final concurrence vote of 54-7. Committee votes also favored advancement, though not unanimously. The vote pattern suggests broad support for clarifying and protecting off-label prescribing authority, while still leaving a meaningful minority opposed.
Contention
The main points of contention likely centered on the bill’s carve-outs and its policy implications. The explicit exclusions for controlled substances, abortion-related uses, and medications related to a minor’s sex transition indicate that lawmakers were drawing boundaries around controversial medical and social issues. Opponents may have objected either to the expansion of off-label prescribing authority itself or to the specific exceptions and definitions, while supporters likely emphasized provider discretion, access to treatment, and protection from professional discipline.
Establishes deadline for DEP implementation of prescribed burn program, and provides for establishment of prescribed burn acreage goals, schedules, calendars, training program, and mobile deployment units to provide on-site prescribed burn training and assistance.