Us Congress 2023-2024 Regular Session

Us Congress House Bill HB75

Introduced
1/9/23  
Refer
1/9/23  

Caption

Prescription Freedom Act of 2023 This bill generally eliminates the authority of the Food and Drug Administration (FDA) to require that a drug be dispensed only with a prescription. However, the FDA may continue to require a prescription for any drug intended for terminating a pregnancy.

Impact

The potential impact of HB 75 on state laws would be extensive, moving the minimum regulatory requirement from federal to state levels, thereby introducing a patchwork of regulations that could vary widely across the country. This decentralization could also enhance access to various medications, as it would allow individual states to adopt less restrictive policies concerning the dispensing of drugs. However, critics warn that without federal oversight, there could be negative outcomes regarding the safety and effectiveness of medications prescribed or sold in less regulated environments.

Summary

House Bill 75, known as the Prescription Freedom Act of 2023, seeks to repeal the Food and Drug Administration's (FDA) authority to mandate that certain drugs be dispensed only with a prescription. If passed, the legislation would significantly alter the regulatory landscape concerning medication distribution in the United States, allowing for state laws to govern the dispensing of drugs that were previously under federal prescription rules. Notably, the bill preserves the FDA's authority over drugs intended for terminating pregnancies, thus offering a midpoint between deregulation and existing reproductive health standards.

Contention

The bill has sparked considerable debate among legislators, healthcare professionals, and advocacy groups. Proponents argue that it enhances patient autonomy, empowering individuals to obtain needed medications without the barrier of a prescription. Conversely, opponents highlight the risks associated with unsupervised drug access, including potential misuse and adverse health effects. The discussion is particularly heated regarding the implications for public health and safety, as the absence of federal prescriptions could lead to increased dangers, particularly for vulnerable populations.

Companion Bills

No companion bills found.

Previously Filed As

US HB89

Prescription Freedom Act of 2025This bill generally eliminates the authority of the Food and Drug Administration (FDA) to require that a drug be dispensed only with a prescription. However, the FDA may continue to require a prescription for any drug intended for terminating a pregnancy.

US HB167

Patient Access to Urgent-Use Pharmacy Compounding Act of 2023 This bill relaxes certain requirements for compounding drugs that are facing shortages. Drug compounding is the process of mixing or otherwise altering drugs to create a medication. Currently, the Food and Drug Administration (FDA) allows for drug compounding subject to certain requirements. Generally, a licensed pharmacist or physician not registered with the FDA may only compound drugs in limited quantities for prescriptions for a specific individual patient. On the other hand, an FDA-registered outsourcing facility may compound drugs in bulk for use in medical facilities but is subject to additional requirements. This bill allows a compounder not registered with the FDA to compound drugs in limited quantities for an urgent medical need not involving a specific patient if, among other requirements (1) the prescriber certifies that the prescriber is unable, despite reasonable attempts, to obtain certain related drugs with the same active ingredient and route of administration; (2) the compounded drug meets certain labeling requirements, including an indication that the compounded drug is provided only for urgent administration to a patient; and (3) the compounder requests and maintains certain records about patients receiving the compounded drug. Furthermore, a restriction against an unregistered compounder regularly compounding (or compounding inordinate amounts of) what is essentially a copy of a commercially available drug shall not apply if the drug is on a shortage list maintained by the FDA or the American Society of Hospital Pharmacists.

US HB427

Support And Value Expectant Moms and Babies Act of 2023 or the SAVE Moms and Babies Act of 2023 This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved. Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)

US HB4692

Increasing Prescription Drug Competition Act

US HB685

Support And Value Expectant Moms and Babies Act of 2025 or the SAVE Moms and Babies Act of 2025This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved.Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner.The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient.The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)

US HB384

Protecting Life from Chemical Abortions Act This bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.) The FDA regulates the use of mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA temporarily stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions. In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be certified in the program in order to dispense mifepristone. The modifications allow retail pharmacies, after receiving certification, to dispense mifepristone pursuant to prescriptions that are written by program-certified prescribers. The bill nullifies the January 2023 changes and prohibits the FDA from (1) exercising any enforcement discretion with respect to program requirements, or (2) reducing program protections until every state submits certain data regarding abortions to the Centers for Disease Control and Prevention. The bill also generally prohibits the declaration of a public health emergency with respect to abortions.

US SB1217

Ending the Prescription Drug Kickback Act of 2023

US SB1218

Fair Prescription Drug Prices for Americans Act

US SB1132

ADAPT 2.0 Act Accelerated Drug Approval for Prescription Therapies 2.0 Act

US HB6856

Prescription Drug Rebate Reform Act of 2023

Similar Bills

No similar bills found.