MITCHELL, SD (Mitchell Now) — House Bill 1068 failed on a 40-28 vote, according to legislative records. The bill would have allowed pharmacists to dispense the two drugs to adults under written protocols developed by a health care provider, including a non-patient-specific prescriptive order and screening and safety information. It also would have limited civil and criminal liability and protected providers from disciplinary action when acting “in good faith,” with exceptions for gross negligence or willful misconduct.
Opponents argued the measure would have reduced patients’ ability to seek damages for adverse reactions and raised concerns about the bill’s “good faith” standard. Supporters said it was intended to remove barriers for providers who choose to use off-label treatment strategies and to restore trust following disputes during the COVID-19 pandemic.