Us Congress 2025-2026 Regular Session

Us Congress House Bill HB89

Introduced
1/3/25  

Caption

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.

Impact

If enacted, HB 89 is set to significantly alter the landscape of drug regulation within the United States. By removing federal prescription requirements for a variety of drugs, it could pave the way for state governments to create their own regulatory standards. This change would likely lead to a more decentralized approach to drug access, where state-level regulations may vary considerably, potentially impacting drug availability and safety protocols. Proponents see this as a means to improve access, particularly in rural or underserved areas, while critics worry it may compromise patient safety.

Summary

House Bill 89, also known as the 'Prescription Freedom Act of 2025', proposes to repeal the authority of the Food and Drug Administration (FDA) to mandate that certain drugs can only be dispensed with a prescription. This legislation seeks to expand access to medications by allowing drugs to be obtained over the counter, which supporters argue could enhance patient freedom and reduce healthcare costs. The bill is positioned to take effect six months after its enactment, shifting the responsibility of drug dispensing regulations to state law.

Contention

The bill presents notable points of contention regarding public health and safety. Opponents, including various public health advocates and pharmaceutical regulation experts, express concerns that allowing widespread access to prescription medications without oversight could lead to increased misuse and adverse health outcomes. They argue that the prescription requirement is crucial for ensuring proper medical guidance and monitoring. Supporters counter these claims by advocating for greater individual liberty and the right to access medications without bureaucratic hurdles, emphasizing consumer choice and empowerment.

Congress_id

119-HR-89

Policy_area

Health

Introduced_date

2025-01-03

Companion Bills

No companion bills found.

Previously Filed As

US HB75

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.

US SB5563

A bill to require the use of prescription drug monitoring programs.

US SB4845

Prescription Drug Affordability and Access Act

US HB10409

To address the high costs of health care services, prescription drugs, and health insurance coverage in the United States, and for other purposes.

US HB6856

Prescription Drug Rebate Reform Act of 2023

US HB8848

Affordable and Safe Prescription Drug Importation Act of 2024

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 SB5228

Prescription Drug Monitoring Act of 2024

US SB4349

A bill to require private health plans to provide for secure electronic transmission of prior authorization requests for prescription drugs.

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.

Similar Bills

No similar bills found.