Changes to Existing Law

26.122.9 26.122.10 101st Legislative Session 1068 2026 South Dakota Legislature House Bill 1068 HOUSE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Representative Andera Underscores indicate new language. Overstrikes indicate deleted language. An Act to authorize the dispensing of ivermectin and hydroxychloroquine under a 1 written protocol developed by a physician. health care provider, and to provide liability 2 protection therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 4 Section 1. That a NEW SECTION be added to chapter 36-4: 4 A physician, acting in good faith in accordance with section 2 of this Act, is not 36-11: 5 criminally or civilly liable, or subject to disciplinary or adverse action from the State Board 6 of Medical and Osteopathic Examiners, except if the physician's actions constitute gross 7 negligence or willful misconduct. 8 Section 2. That a NEW SECTION be added to chapter 36-11: 9 A pharmacist may dispense ivermectin or hydroxychloroquine to an individual who 10 6 is eighteen years or older in accordance with a written protocol, developed by a physician 11 licensed in accordance with chapter 36-4, 7 health care provider acting within the provider's scope of practice, containing a non-patient-specific non-8 patient-specific prescriptive 12 order. The written protocol must address providing the 9 individual with: 13 10 (1) A screening risk assessment tool for each drug; and 14 11 (2) Information on: 15 12 (a) Indications and contraindications for the use of the drug; 16 13 (b) The appropriate method for using the drug; and 17 14 (c) Evaluating and treating adverse events. 18 15 The pharmacist shall retain a copy of the written protocol at the pharmacist's place 19 16 of practice. 20 Section 3. That a NEW SECTION be added to chapter 36-11: 21 17 A pharmacist, acting in good faith in accordance with section 2 of this Act, section, is not 22 criminally 18 or civilly liable, or subject to disciplinary or adverse action from the board, except if the 19 actions constitute gross negligence or willful misconduct. 20 Any other health care provider, acting in good faith in accordance with this section, 21 is not criminally or civilly liable, or subject to disciplinary or adverse action from the 22 provider's licensure board, 23 except if the pharmacist's actions constitute gross negligence or willful 23 misconduct. 24