Amendment
Passed on 9/17/25
This bill aims to significantly expand access to ivermectin in Texas by authorizing pharmacists to dispense it without a prescription. The legislation mandates that the state health commissioner issue a statewide order enabling licensed pharmacists to provide ivermectin directly to patients, bypassing the typical requirement for a doctor's prescription. This represents a major shift in pharmaceutical policy, potentially increasing the availability of a controversial drug while raising concerns about appropriate medical oversight and patient safety.
The bill adds Section 1001.090 to the Health and Safety Code, requiring the commissioner of state health services to issue a statewide order authorizing licensed pharmacists to dispense ivermectin without a prescription. This order must include standardized procedures for pharmacists to follow and require them to provide patients with instructions on proper use. The legislation explicitly overrides any conflicting laws, granting pharmacists the authority to dispense ivermectin in accordance with the order. It also provides liability protection for pharmacists acting reasonably under the order and mandates annual reporting on the number of ivermectin doses dispensed.
The commissioner of state health services is responsible for issuing the statewide order as soon as practicable after the bill's effective date. The Texas State Board of Pharmacy, in conjunction with the executive commissioner, may adopt rules to implement the new section. Pharmacists are required to comply with the order's protocols and provide annual reports on ivermectin dispensing. The bill does not specify funding mechanisms or explicit enforcement provisions beyond the existing regulatory authority of the Board of Pharmacy.
The primary beneficiaries of this bill are individuals seeking access to ivermectin without a prescription and pharmacists who gain expanded authority to dispense the drug. The legislation is likely to significantly increase the availability of ivermectin in Texas. However, it may also increase administrative burden on pharmacies to implement new protocols and tracking systems. The annual reporting requirement will provide data on the extent of ivermectin use under this new policy. There are no explicit cost estimates or sunset provisions included in the bill.
This bill operates within the state's authority to regulate the practice of pharmacy and the dispensing of medications. It explicitly overrides any conflicting state laws to grant this new authority to pharmacists. The legislation does not address potential conflicts with federal regulations on prescription drugs. The provision of liability protection for pharmacists may face legal scrutiny, particularly if challenged on grounds of patient safety or medical standards of care. The bill does not include specific provisions for judicial review of the commissioner's order or pharmacist actions under the order.
Several critical issues arise from this legislation. There are significant concerns about patient safety and appropriate medical oversight when dispensing a prescription medication without a doctor's involvement. The bill may face opposition from medical professionals concerned about potential misuse or adverse effects of ivermectin when used without proper medical guidance. Implementation challenges include ensuring consistent application of dispensing protocols across all pharmacies and managing potential increases in demand. The legislation could lead to unintended consequences such as drug shortages or improper use of ivermectin for unproven purposes. Additionally, the bill may face legal challenges based on conflicts with federal drug regulations or concerns about the scope of practice for pharmacists.