South Dakota authorizes pharmacists to dispense ivermectin and hydroxychloroquine under provider protocols with liability protections

Original title: authorize the dispensing of ivermectin and hydroxychloroquine under a written protocol developed by a health care provider, and to provide liability protection therefor.

Last action · February 5, 2026: Do Pass AmendedSponsors: Bobbi Andera and 21 others

Bill progressHistory & official text ↓

Introduced

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Floor Vote

Passed

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What This Bill Proposed

Pharmacists in South Dakota are newly authorized to dispense ivermectin and hydroxychloroquine to adults aged 18 or older without a traditional patient-specific prescription, provided they follow a written protocol established by a licensed health care provider. The measure also grants civil and criminal immunity, as well as protection from professional licensing boards, to pharmacists and health care providers acting in good faith under these protocols, barring or willful misconduct.

Why it matters

Adult residents gain direct access to specific medications through participating pharmacies via standardized health protocols, while participating health care providers and pharmacists are shielded from legal and professional liability except in cases of or willful misconduct.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals 18 years or older

Adult residents gain the ability to obtain ivermectin or hydroxychloroquine directly from a pharmacist under a provider protocol.

Directly affected

Pharmacists

Pharmacists are authorized to dispense specific medications using non-patient-specific protocols and receive conditional liability protections.

Directly affected

Licensed health care providers

Providers are permitted to develop written protocols for dispensing these medications and receive conditional liability protections.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who is eligible to receive ivermectin or hydroxychloroquine under these protocols?

Individuals who are eighteen years or older are eligible to receive the medications in accordance with a written provider protocol.

Are pharmacists protected from liability when dispensing these drugs under a protocol?

Yes, pharmacists acting in good faith are not criminally or civilly liable, nor are they subject to board disciplinary or adverse action, unless their actions constitute or willful misconduct.

What else do you want to know?

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

5 actions

Feb 5, 2026HouseCommittee
Do Pass Amended
Feb 3, 2026HouseCommittee
Do Pass Amended
Feb 3, 2026House
Motion to amend
Feb 3, 2026House
Scheduled for hearing
Jan 15, 2026HouseIntroduced
First read in House and referred to

Version history

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