The South Dakota House rejected a bill on Thursday that would have protected pharmacists and doctors from liability when dispensing ivermectin and hydroxychloroquine without individual prescriptions.
House Bill 1068 failed 28-40.
The measure would have allowed pharmacists to dispense the two drugs to adults 18 and older under written protocols from healthcare providers.
Sponsor Rep. Bobbi Andera, R-Sioux Falls, said the bill aimed to restore trust between patients and medical providers following disputes during the COVID-19 pandemic.
“It is time we bring trust back to the medical profession by allowing those providers and pharmacists who wish to provide treatment strategies outside of the standard of care by relaxing punitive action,” Andera said.
The bill included liability protections for pharmacists and healthcare providers acting “in good faith,” exempting them from civil or criminal liability except in cases of gross negligence or willful misconduct.
Rep. Will Mortensen, R-Ft. Pierre, opposed the measure, saying it removed patient rights.
“We are giving away the rights of our citizens. They should get to decide if they want to waive their liability. We shouldn’t just be making a blanket waiver,” Mortensen said.
Several lawmakers raised concerns about setting precedent for off-label drug use. Rep. John Shubeck, R-Beresford, warned the bill could apply to other controversial treatments.
Rep. Phil Jensen, R-Rapid City, defended the measure, citing his personal experience with hydroxychloroquine during COVID-19. Rep. Al Novstrup, R-Aberdeen, noted one in five prescriptions nationwide are for off-label use.
