Prescription Freedom Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8894 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 DECEMBER 8, 2020 Mr. BIGGS 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 2020’’. 5 SEC. 2. REPEAL OF FDA AUTHORITY TO REQUIRE PRE- 6 SCRIPTIONS. 7 (a) REPEAL.—Effective as of the date that is 6 8 months after the date of enactment of this Act, subsection 9 VerDate Sep 11 2014 16:11 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8894.IH H8894 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8894 IH (b) of section 503 of the Federal Food, Drug, and Cos- 1 metic Act (21 U.S.C. 353) is repealed. 2 (b) REFERENCES.—Beginning on the effective date 3 described in subsection (a), any reference in a Federal 4 statute, regulation, or guidance— 5 (1) to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) EXCEPTION.—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 16:11 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8894.IH H8894 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8894 IH any drug that is intended for use in terminating a preg- 1 nancy. 2 Æ VerDate Sep 11 2014 16:11 Dec 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8894.IH H8894 pamtmann on DSKBC07HB2PROD with BILLS