[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 75 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                 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.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Biggs introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

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                                 A BILL


 
To repeal the authority of the Food and Drug Administration to require 
that drugs be dispensed only upon prescription, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Freedom Act of 2023''.

SEC. 2. REPEAL OF FDA AUTHORITY TO REQUIRE PRESCRIPTIONS.

    (a) Repeal.--Effective as of the date that is 6 months after the 
date of enactment of this Act, subsection (b) of section 503 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353) is repealed.
    (b) References.--Beginning on the effective date described in 
subsection (a), any reference in a Federal statute, regulation, or 
guidance--
            (1) to prescribing, a prescription, a prescription drug, or 
        a drug subject to section 503(b) of the Federal Food, Drug, and 
        Cosmetic Act is deemed to be a reference to prescribing, a 
        prescription, or a prescription drug, respectively, under 
        applicable State law; and
            (2) to any requirement or provision of section 503(b) of 
        the Federal Food, Drug, and Cosmetic Act is deemed to be a 
        reference to the corresponding requirement or provision, if 
        any, in applicable State law, as determined by the Federal 
        official or officials responsible for administering the 
        respective Federal statute, regulation, or guidance.
    (c) Exception.--Notwithstanding subsections (a) and (b), the 
Secretary of Health and Human Services may continue to exercise the 
authority vested by subsection (b) of section 503 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353), as in effect on the day before 
the effective date described in subsection (a), with respect to any 
drug that is intended for use in terminating a pregnancy.
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