A BILL for an Act to create and enact a new section to chapter 19-02.1 of the North Dakota Century Code, relating to the over-the-counter availability of ivermectin.

69th Legislative Assembly (2025-26) Introduced by Keith Boehm and 4 co-sponsors

The bill would permit selling ivermectin for human use over the counter in North Dakota, with no dosing, age, labeling, or safety safeguards specified.

Second reading, failed to pass, yeas 3 nays 43

Summary — SB 2388 (North Dakota): Over‑the‑Counter Availability of Ivermectin

Status
- Bill number: SB 2388
- Subject: Adds a new section to chapter 19‑02.1, North Dakota Century Code, to allow over‑the‑counter (OTC) sales of ivermectin for human use
- Introduced: March 12, 2025
- Legislative outcome: Failed on second reading (yeas 3, nays 43)

Purpose and intent
- The bill’s stated purpose is to make ivermectin — a medication used to treat certain parasitic infections — available for purchase without a prescription in North Dakota. The change is framed as expanding access by reclassifying ivermectin suitable for human use as an over‑the‑counter drug in state law.

Key provisions
- Creates a new statutory section titled (in the draft) “Ivermectin access.”
- Definitions included in the draft:
- "Ivermectin" — defined as a medication to treat parasitic infections approved by the federal Food and Drug Administration (FDA).
- "Over‑the‑counter" — defined as a medication legally sold and purchased without a prescription.
- Main operative clause (verbatim in the draft): “Notwithstanding any other provision of law, ivermectin suitable for human use may be sold and purchased as an over‑the‑counter medication in this state.”
- The draft contains no additional statutory conditions, age limits, labeling requirements, dosage restrictions, pharmacist counseling requirements, or public‑health safeguards.

Who would be affected
- Consumers: Individuals would be able to buy human‑use ivermectin products without a prescription.
- Pharmacies and retailers: Would be able to sell human ivermectin OTC; sellers would need to decide stocking, labeling and point‑of‑sale practices.
- Healthcare providers and public health agencies: Could see changes in patient behavior, prescriptions, and possible adverse‑event reporting; potential increased demand for clinical guidance.
- Regulatory landscape: State law would permit OTC sales, but actual product availability could be constrained by federal regulatory status and manufacturers’ decisions.

Potential impacts and considerations
- Safety and misuse: The draft does not include safeguards (dosage, age restrictions, warnings), raising concerns about dosing errors, self‑treatment for inappropriate indications, drug interactions, and use of veterinary formulations.
- Regulatory conflict: The bill changes state law but cannot directly change FDA drug classifications; manufacturers and distributors may still be bound by federal requirements and labeling. Practical implementation could depend on manufacturers’ willingness to market OTC human formulations.
- Liability and oversight: The bill does not address liability protections for sellers or responsibilities for pharmacist counseling or adverse‑event monitoring.
- No effective date is specified in the provided draft; the bill failed on second reading and did not advance.

Notes
- The provided materials included other legislative text (from other jurisdictions) mixed into the record; this summary isolates the North Dakota SB 2388 language concerning OTC ivermectin and its legislative status as provided.