SB 249

As Introduced
136th General Assembly
   Regular Session  S. B. No. 249
       2025-2026
  Senators Lang, Johnson
      Cosponsors: Senators Brenner, O'Brien, Reineke, Roegner, Timken
  To enact section 4729.44 of the Revised Code to  1
  authorize the dispensing of ivermectin without a        2
  prescription.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 4729.44 of the Revised Code be  4
enacted to read as follows:  5
     Sec. 4729.44. (A) As used in this section, "prescriber"  6
means any of the following:  7
     (1) A certified nurse-midwife, certified nurse  8
practitioner, or clinical nurse specialist who holds a current,  9
valid license to practice as an advanced practice registered  10
nurse issued under Chapter 4723. of the Revised Code;  11
     (2) A physician authorized under Chapter 4731. of the  12
Revised Code to practice medicine and surgery or osteopathic  13
medicine and surgery;  14
     (3) A physician assistant who holds a license to practice  15
as a physician assistant issued under Chapter 4730. of the  16
Revised Code.  17
     (B) A pharmacist, or any pharmacy intern supervised by the  18
S. B. No. 249  Page 2
As Introduced
pharmacist, may dispense ivermectin without a prescription to an  19
individual who is eighteen years of age or older, but only if  20
the drug is dispensed as follows:  21
       (1) Under a protocol that satisfies the requirements of  22
division (C)(1) of this section;  23
       (2) In accordance with rules adopted under this section.  24
       (C)(1) All of the following apply with respect to a  25
protocol required by this section:  26
       (a) The protocol shall be established by a prescriber.  27
       (b) The protocol shall include provisions for implementing  28
all of the following requirements:  29
       (i) Providing the individual with a screening risk  30
assessment tool;  31
       (ii) Providing the individual with a standardized fact  32
sheet that describes ivermectin's indications and  33
contraindications, the appropriate method for using the drug,  34
the importance of following up with a prescriber, and any other  35
information required by the board in rule;  36
       (iii) Either dispensing the ivermectin or referring the  37
individual to a pharmacy that may dispense the drug as soon as  38
practical.  39
       (c) The protocol shall satisfy requirements established in  40
rules adopted by the state board of pharmacy under this section.  41
       (2) In addition to the requirements of division (C)(1) of  42
this section, a protocol may include guidelines related to the  43
dosage at which ivermectin should be dispensed and the duration  44
of treatment with the drug.  45
S. B. No. 249  Page 3
As Introduced
       (D)(1) When dispensing ivermectin under this section, the  46
pharmacist or pharmacy intern may charge an administrative fee  47
for services provided under this section, which is in addition  48
to any costs associated with the drug's dispensing that may be  49
paid by the individual or submitted to the individual's health  50
benefit plan for reimbursement.  51
       (2) As soon as practicable after dispensing ivermectin to  52
an individual under this section, the pharmacist or pharmacy  53
intern shall inform, if known, the individual's primary care  54
provider of the drug's dispensing.  55
       (E) This section does not affect the authority of a  56
pharmacist or pharmacy intern to fill or refill a prescription  57
for ivermectin.  58
       (F) A prescriber who establishes a protocol that meets the  59
requirements of this section may authorize one or more  60
pharmacists, and any of the pharmacy interns supervised by the  61
one or more pharmacists, to use the protocol for the purpose of  62
dispensing ivermectin without a prescription under this section.  63
       (G)(1) Both of the following apply to a pharmacist or  64
pharmacy intern who dispenses ivermectin without a prescription  65
under this section:  66
       (a) A pharmacist or pharmacy intern acting in good faith  67
is not subject to criminal prosecution or professional  68
disciplinary action for any action or omission during the drug's  69
dispensing.  70
       (b) A pharmacist or pharmacy intern is not liable for  71
damages in a civil action, except in cases of gross negligence  72
or willful misconduct.  73
       (2) Both of the following apply to a prescriber who  74
S. B. No. 249  Page 4
As Introduced
authorizes a pharmacist or pharmacy intern to dispense  75
ivermectin without a prescription under this section:  76
       (a) A prescriber acting in good faith is not subject to  77
criminal prosecution or professional disciplinary action for any  78
act or omission during the drug's dispensing.  79
       (b) A prescriber is not liable for damages in a civil  80
action, except in cases of gross negligence or willful  81
misconduct.  82
       (H) In consultation with the state medical board and board  83
of nursing, the board of pharmacy shall adopt rules to implement  84
this section. The rules shall specify minimum requirements for  85
protocols established by prescribers under which pharmacists or  86
pharmacy interns may dispense ivermectin without a prescription.  87
The rules shall be adopted in accordance with Chapter 119. of  88
the Revised Code.  89