I
118THCONGRESS
1
STSESSION H. R. 75
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
JANUARY9, 2023
Mr. B
IGGSintroduced 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 prescrip-
tion, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Prescription Freedom 4
Act of 2023’’. 5
SEC. 2. REPEAL OF FDA AUTHORITY TO REQUIRE PRE-6
SCRIPTIONS. 7
(a) R
EPEAL.—Effective as of the date that is 6 8
months after the date of enactment of this Act, subsection 9
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•HR 75 IH
(b) of section 503 of the Federal Food, Drug, and Cos-1
metic Act (21 U.S.C. 353) is repealed. 2
(b) R
EFERENCES.—Beginning on the effective date 3
described in subsection (a), any reference in a Federal 4
statute, regulation, or guidance— 5
(1) to prescribing, a prescription, a prescription 6
drug, or a drug subject to section 503(b) of the Fed-7
eral Food, Drug, and Cosmetic Act is deemed to be 8
a reference to prescribing, a prescription, or a pre-9
scription drug, respectively, under applicable State 10
law; and 11
(2) to any requirement or provision of section 12
503(b) of the Federal Food, Drug, and Cosmetic Act 13
is deemed to be a reference to the corresponding re-14
quirement or provision, if any, in applicable State 15
law, as determined by the Federal official or officials 16
responsible for administering the respective Federal 17
statute, regulation, or guidance. 18
(c) E
XCEPTION.—Notwithstanding subsections (a) 19
and (b), the Secretary of Health and Human Services may 20
continue to exercise the authority vested by subsection (b) 21
of section 503 of the Federal Food, Drug, and Cosmetic 22
Act (21 U.S.C. 353), as in effect on the day before the 23
effective date described in subsection (a), with respect to 24
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any drug that is intended for use in terminating a preg-1
nancy. 2
Æ
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