I
119THCONGRESS
1
STSESSION 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
JANUARY3, 2025
Mr. B
IGGSof 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 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 2025’’. 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
VerDate Sep 11 2014 02:34 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H89.IH H89
ssavage on LAPJG3WLY3PROD with BILLS 2
•HR 89 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metic Act (21 U.S.C. 353) is repealed. 2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
VerDate Sep 11 2014 02:34 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H89.IH H89
ssavage on LAPJG3WLY3PROD with BILLS 3
•HR 89 IH
any drug that is intended for use in terminating a preg-1
nancy. 2
Æ
VerDate Sep 11 2014 02:34 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H89.IH H89
ssavage on LAPJG3WLY3PROD with BILLS