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Commentary

Missouri Law Prevents Pharmacists From Disputing Ivermectin Efficacy With Physicians

Ann W Latner, JD

Missouri quietly signed into law a bill that has some surprising language in it.

Missouri House Bill 2149, approved by the state legislature and signed into law by the governor on June 7, 2022, primarily deals with professional licensing requirements. The bill, however, includes language stipulating that a “pharmacist shall not contact the prescribing physician or the patient to dispute the efficacy of ivermectin tablets or hydroxychloroquine sulfate tablets for human use unless the physician or patient inquires of the pharmacist about the efficacy of ivermectin tablets or hydroxychloroquine sulfate tablets.”

While this may sound innocuous enough, in essence, it prevents the pharmacist from expressing legitimate concern about questionable treatments.

The Missouri Pharmacy Association issued a legislative update regarding the bill on their Facebook page:

“During the 2022 Legislative Session, various legislative provisions regarding ivermectin and hydroxychloroquine were filed that impact the profession of pharmacy. The extent to which proposals would impact pharmacists varied, and many of these bills mandated that a pharmacist dispense these medications without any questions for either the patient or physician. During debate on House Bill 2149, Senators added language that would restrict a pharmacist’s ability to consult a patient for these medications. Due to a majority of senators supporting this measure, and the nature of the Missouri Senate at that time in the Session, the Missouri Pharmacy Association worked to find a compromise that would not impede the practice of pharmacy nor restrict a pharmacist’s ability to use clinical skills that have been cultivated for years.”

The statement went on to provide some clarification of the bill for pharmacists:

  1. "Nothing requires you to dispense nor carry ivermectin and hydroxychloroquine.
  2. The Missouri Board of Pharmacy can’t punish a pharmacist for LEGALLY dispensing ivermectin and hydroxychloroquine.
  3. A pharmacist cannot call the prescribing physician to dispute the safety of ivermectin FOR HUMAN USE. The provision in HB 2149 does not constrict a pharmacist’s ability to dispute the efficacy ivermectin or hydroxychloroquine to treat COVID-19 or any other disease state. Nothing in this provision constricts a pharmacist’s ability to consult a patient that shouldn’t take these medications due to certain health conditions or contraindications to other drugs.”

HB 2149 also prohibits a state licensing board from disciplining physicians who prescribe the drugs.

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