HB 1068 South Dakota House · 2026 Regular Session

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

HB 1068 allows South Dakota pharmacists to dispense ivermectin and hydroxychloroquine to adults 18+ based on written protocols created by physicians. These protocols must include risk assessments, drug information (indications, usage, side effects), and instructions for handling adverse events. The law shields physicians and pharmacists from liability for good-faith compliance, except in cases of gross negligence or willful misconduct. It directly affects healthcare providers who dispense these drugs and patients receiving them under this new process.

Issues: ✓ Healthcare

Bill status in committee 2 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Failed

Feb 2026

Governor

Introduced Jan 15, 2026 Last action Feb 5, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → House Health and Human Services Engrossed · 4 edits · Feb 3, 2026

MODERATE

The bill was transformed from a browser compatibility warning page into a substantive legislative text authorizing pharmacists to dispense ivermectin and hydroxychloroquine under specific protocols. This change introduces new legal protections for pharmacists and healthcare providers while establishing screening requirements for patients aged 18 and older.

Scope change

The bill now applies to pharmacists and healthcare providers in South Dakota, creating a new legal framework for dispensing specific medications that were not previously authorized under this legislation.

SCOPE

New section added to chapter 36-11 authorizing pharmacists to dispense ivermectin or hydroxychloroquine to individuals 18 years or older under a written protocol developed by a licensed healthcare provider.

REQUIREMENT

Pharmacists must use a screening risk assessment tool for each drug and provide patients with information on indications, contraindications, usage methods, and adverse event evaluation.

ENFORCEMENT

Liability protection added for pharmacists and healthcare providers acting in good faith, except in cases of gross negligence or willful misconduct.

TECHNICAL

All browser compatibility warnings and technical notices were removed as the document transitioned from a webpage to legislative text.

Floor votes · House Feb 5, 2026

How they voted

28–40

Failed · 2 other

Total votes 70

Feb 5, 2026

D Democratic5

5 Nay

100% Nay

R Republican65

28 Yea 35 Nay 2

53% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 5, 2026

Lower · Passed

House of Representatives Do Pass Amended , Passed, YEAS 28, NAYS 40 H.J. 239

lower

Feb 5, 2026

Vote failed

House Vote: fail (28-40-2)

house

Feb 3, 2026

Lower · Passed

Health and Human Services Do Pass Amended , Passed, YEAS 8, NAYS 5 H.J. 7

lower

Feb 3, 2026

Introduced

Health and Human Services Motion to amend , Passed, H.J. 6 Amendment 1068A

lower

Jan 15, 2026

Introduced

First read in House and referred to House Health and Human Services H.J. 36

lower

22 primary · 0 co-sponsors