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Introduced on January 3, 2025 by Andrew S. Biggs
This bill would end the FDA’s power to say a drug must be prescription-only, and instead leave that decision to each state. Six months after it becomes law, federal rules about “prescription drugs” would point to state rules instead. One exception: the federal government could still require a prescription for any drug used to end a pregnancy. A plain-language summary from the legislative library says the same: the FDA’s prescription authority is generally removed, except for drugs intended to terminate a pregnancy.
In everyday terms, this could mean many medicines might be sold without a federal prescription requirement, depending on your state’s laws. States would decide which drugs need a prescription. The federal government could still keep prescription rules for abortion-related drugs .