Right to FDA-Approved Medicines Act

This bill creates a national right for people to get any medicine that the FDA has approved or licensed, and for health care providers to offer those medicines, plus related information, referrals, and services. Governments at any level cannot single out these medicines, their providers, or the places they’re offered with special rules that make access harder. Any limit must be proven, with clear and convincing evidence, to actually improve access, and there must be no less restrictive way to do it. This does not change FDA’s power to approve or license drugs. It overrides conflicting federal and state laws, including the Religious Freedom Restoration Act, but it does not require insurance plans or public programs to cover specific benefits. People allowed by law to enforce limits are treated as government officials under this bill.

The bill can be enforced by the U.S. Attorney General and by people and providers in court. Courts can block illegal limits, and winning plaintiffs can get their legal costs paid. States and officials do not have immunity from these suits. The bill takes effect right away once it becomes law.

Key points

• Who is affected: Patients seeking FDA‑approved medicines and health care providers who prescribe or dispense them.
• What changes: Governments cannot enforce rules that make it harder to sell, provide, obtain, or use FDA‑approved medicines, unless the rule clearly improves access and no easier option exists. Conflicting laws are preempted.
• How it’s enforced: DOJ and private lawsuits; courts can stop violations; fees for winning plaintiffs; no state immunity.
• What it doesn’t do: It doesn’t change FDA’s approval role or require specific insurance coverage.