MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Public Health and Human Services

By: Representative Crawford

House Bill 1300

AN ACT TO AUTHORIZE PHARMACISTS TO PROVIDE IVERMECTIN TO PATIENTS WHO ARE EIGHTEEN YEARS OF AGE OR OLDER PURSUANT TO A VALID COLLABORATIVE PHARMACY PRACTICE AGREEMENT CONTAINING A NON-PATIENT-SPECIFIC PRESCRIPTIVE ORDER AND STANDARDIZED PROCEDURES DEVELOPED AND EXECUTED BY ONE OR MORE AUTHORIZED PRACTITIONERS; TO DIRECT THE BOARD OF PHARMACY TO ADOPT RULES TO ESTABLISH STANDARD PROCEDURES FOR THE PROVISION OF IVERMECTIN BY PHARMACISTS, INCLUDING PROVIDING THE PATIENT WITH A SCREENING RISK ASSESSMENT TOOL, PROVIDING THE PATIENT WITH A STANDARDIZED FACTSHEET, AND EITHER DISPENSING THE IVERMECTIN OR REFERRING THE PATIENT TO A PHARMACY THAT MAY DISPENSE THE MEDICATION AS SOON AS PRACTICAL; TO AUTHORIZE THE CHARGING OF AN ADMINISTRATIVE FEE FOR SERVICES PROVIDED PURSUANT TO THIS ACT IN ADDITION TO COSTS ASSOCIATED WITH THE DISPENSING OF IVERMECTIN AND PAID BY THE PHARMACY BENEFIT; TO PROVIDE THAT A PHARMACIST OR PRACTITIONER ACTING IN GOOD FAITH AND WITH REASONABLE CARE INVOLVED IN THE PROVISION OF IVERMECTIN PURSUANT TO THIS ACT IS IMMUNE FROM DISCIPLINARY OR ADVERSE ADMINISTRATIVE ACTIONS FOR ACTS OR OMISSIONS DURING THE PROVISION OF IVERMECTIN; TO PROVIDE THAT A PHARMACIST OR PRACTITIONER INVOLVED IN THE PROVISION OF IVERMECTIN PURSUANT TO THIS ACT IS IMMUNE FROM CIVIL LIABILITY IN THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FOR ACTIONS AUTHORIZED BY THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  A pharmacist, in good faith, may provide ivermectin to a patient who is eighteen (18) years of age or older pursuant to a valid collaborative pharmacy practice agreement containing a non-patient-specific prescriptive order and standardized procedures developed and executed by one (1) or more authorized practitioners.

     (2)  The board shall adopt rules to establish standard procedures for the provision of ivermectin by pharmacists, including:

          (a)  Providing the patient with a screening risk assessment tool;

          (b)  Providing the patient with a standardized factsheet that includes, but is not limited to, the indications and contraindications for use of ivermectin, the appropriate method for using ivermectin, the importance of medical follow-up, and other information deemed appropriate by the board; and

          (c)  Either dispensing the ivermectin or referring the patient to a pharmacy that may dispense the medication as soon as practical.

     (3)  A pharmacist, pharmacist's employer, or pharmacist's agent may charge an administrative fee for services provided pursuant to this section in addition to costs associated with the dispensing of ivermectin and paid by the pharmacy benefit.

     (4)  A pharmacist or practitioner acting in good faith and with reasonable care involved in the provision of ivermectin pursuant to this section is immune from disciplinary or adverse administrative actions under Title 73 of the Mississippi Code of 1972 for acts or omissions during the provision of ivermectin.

     (5)  A pharmacist or practitioner involved in the provision of ivermectin pursuant to this section is immune from civil liability in the absence of gross negligence or willful misconduct

for actions authorized by this section.

     SECTION 2.  Section 1 of this act shall be codified as a new section in Chapter 21, Title 73, Mississippi Code of 1972.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2023.