The South Dakota House rejected a bill Thursday (Feb. 5, 2026) that would have protected pharmacists and doctors from liability when dispensing two controversial drugs.
House Bill 1068 failed on a 28-40 vote. The measure would have allowed pharmacists to dispense Ivermectin and hydroxychloroquine to people 18 years old and older under written protocols from healthcare providers.
Bill sponsor Sioux Falls Republican Representative Bobbi Andera said the goal is 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.”
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.
Fort Pierre Republican Representative Will Mortenson said the measure 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.”
HB 1068 failed on a 28-40 vote.
Story courtesy of Todd Epp, South Dakota Broadcasters Association.
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