---
title: HB 1089. Controlled substances; ivermectin as an over-the-counter medication; provide
collection: bills
id: 2025-2026/hb1089
cite_as: HB 1089, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1089
md_url: https://georgiacommons.org/bills/2025-2026/hb1089.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1089/text
source_url: https://www.legis.ga.gov/legislation/72595
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1088.md
next: https://georgiacommons.org/bills/2025-2026/hb1090.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1089.md?full=1
bill_number: HB 1089
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-29
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Karen Mathiak
  - David Clark
  - Leesa Hagan
  - Charlice Byrd
  - Noelle Kahaian
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1089/2025
upstream_id: 2102301
summaries_model: claude-sonnet-5
topic_tags:
  - ivermectin
  - pharmacy regulation
  - controlled substances
  - over-the-counter drugs
  - dangerous drugs law
---

# HB 1089. Controlled substances; ivermectin as an over-the-counter medication; provide

## Text

The House Committee on Health offers the following substitute to HB 1089:
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,
relating to dangerous drugs, so as to add an exception to the classification of ivermectin as
a dangerous drug; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to
dangerous drugs, is amended by revising paragraph (12.1) of subsection (c) of Code Section
16-13-71, relating to dangerous drug, as follows:
"(12.1) Ivermectin —
<ins>(A)</ins> When used with a strength of 0.5 percent or less in a topical lotion; <ins>or
(B) When distributed by a pharmacist as provided by the State Board of Pharmacy, as
a product in finished dosage formulation in its original container that has been approved
by and labeled in compliance with the U.S. Food and Drug Administration (FDA);"
</ins>
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A House committee substitute for HB 1089 would let Georgia pharmacists sell FDA-approved ivermectin in its original packaging without a prescription, expanding an existing exception for topical lotion.

### Plain-language summary

Under current Georgia law, ivermectin is classified as a dangerous drug (O.C.G.A. § 16-13-71), meaning it generally requires a prescription, except for a narrow exception for topical lotion with 0.5 percent strength or less. This bill adds a second exception.
It would allow pharmacists to distribute ivermectin over the counter as long as it is in its original, unopened container, comes in a finished dosage form (such as a pill or tablet ready to use), has been approved by the U.S. Food and Drug Administration, and is labeled according to FDA rules. The State Board of Pharmacy would set the specific rules for how pharmacists carry this out. The bill repeals any conflicting laws but does not state a specific future effective date beyond standard practice.

### What it does

- Adds a new exception to Georgia's dangerous drug law (O.C.G.A. § 16-13-71) allowing pharmacists to sell ivermectin without a prescription.
- Requires that over-the-counter ivermectin be in its original container and in a finished dosage form, not repackaged or altered by the pharmacist.
- Requires the ivermectin product to be FDA-approved and labeled in compliance with FDA rules before it can be sold this way.
- Directs the State Board of Pharmacy to set the specific rules pharmacists must follow when distributing ivermectin under this new exception.
- Keeps the existing exception for topical lotion containing 0.5 percent or less ivermectin, now labeled as a separate subpart of the same provision.

### Who it affects

Georgia pharmacists, who could sell certain ivermectin products without a doctor's prescription; the State Board of Pharmacy, which must write rules for this new category; and Georgia consumers who want to buy FDA-approved ivermectin without first seeing a doctor.

### Why it matters

Ivermectin, best known as an antiparasitic drug, drew attention during the COVID-19 pandemic for off-label use. This bill would make certain FDA-approved, prepackaged ivermectin products available directly from pharmacists, changing how easily Georgians can obtain the drug without a doctor's visit.

### Key provisions

- Section 1 amends paragraph (12.1) of subsection (c) of O.C.G.A. § 16-13-71 to restructure the ivermectin exception into two parts, labeled (A) and (B).
- Part (A) keeps the current exception for ivermectin used in a topical lotion at 0.5 percent strength or less.
- Part (B) adds a new exception for ivermectin distributed by a pharmacist under State Board of Pharmacy rules, provided it is in its original, FDA-approved, finished dosage container.
- Section 2 repeals any state laws that conflict with these changes.

## Status

- Status: Introduced (2026-01-29)
- Last action: House Committee Favorably Reported By Substitute (2026-03-06)
- Sponsors: Karen Mathiak, David Clark, Leesa Hagan, Charlice Byrd, Noelle Kahaian
- Official page: https://www.legis.ga.gov/legislation/72595

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1089.md?full=1
