119-hr89

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 89 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 89

To repeal the authority of the Food and Drug Administration to require 
that drugs be dispensed only upon prescription, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

Mr. Biggs of Arizona introduced the following bill; which was referred 
 to the Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

To repeal the authority of the Food and Drug Administration to require 
that drugs be dispensed only upon prescription, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Prescription Freedom Act of 2025''.

SEC. 2. REPEAL OF FDA AUTHORITY TO REQUIRE PRESCRIPTIONS.

    (a) Repeal.--Effective as of the date that is 6 months after the 
date of enactment of this Act, subsection

    (b) of 

section 503 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353) is repealed.

    (b) References.--Beginning on the effective date described in 
subsection

    (a) , any reference in a Federal statute, regulation, or 
guidance--

    (1) to prescribing, a prescription, a prescription drug, or 
 a drug subject to 

section 503

    (b) of the Federal Food, Drug, and 
 Cosmetic Act is deemed to be a reference to prescribing, a 
 prescription, or a prescription drug, respectively, under 
 applicable State law; and

    (2) to any requirement or provision of 

section 503

    (b) of 
 the Federal Food, Drug, and Cosmetic Act is deemed to be a 
 reference to the corresponding requirement or provision, if 
 any, in applicable State law, as determined by the Federal 
 official or officials responsible for administering the 
 respective Federal statute, regulation, or guidance.
            (c) Exception.--Notwithstanding subsections

    (a) and

    (b) , the 
Secretary of Health and Human Services may continue to exercise the 
authority vested by subsection

    (b) of 

section 503 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353), as in effect on the day before 
the effective date described in subsection

    (a) , with respect to any 
drug that is intended for use in terminating a pregnancy.
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