Right to FDA-Approved Medicines Act
Sponsored By: Representative Ross, Deborah K. [D-NC-2]
Introduced
Summary
Guarantee access to FDA‑approved medicines. This bill would create a federal right for people to obtain FDA‑approved drugs and for licensed providers to prescribe, dispense, and give related information. It would preempt laws that single out or limit access and create legal tools to challenge restrictions.
Show full summary
- Individuals would have a statutory right to obtain FDA‑approved medicines free from coercion and to receive information and referrals about those medicines.
- Health care providers, including physicians, nurses, pharmacists, and others licensed by a State, would be protected when they provide FDA‑approved medicines and related information; limits could only stand if they survive a high "clear and convincing" evidence test and no less restrictive alternative exists.
- The act would override federal, state, and local rules that prohibit or restrict the sale, provision, or use of FDA‑approved medicines while preserving existing federal law on insurance and federal health program coverage.
- Enforcement tools include suits by the Attorney General and a private right of action for harmed individuals or providers, with courts able to grant injunctions and award attorney fees to prevailing plaintiffs.
Your PRIA Score
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Right to FDA-approved medicines
This bill would give you a right to get FDA‑approved medicines without government blocking or pressure. Your doctor, nurse practitioner, or pharmacist would be able to provide these medicines and share related information and referrals. Governments would not be able to enforce rules that single out these medicines, their providers, or clinics, or that make access harder. You could also help someone else get or use these medicines. The bill defines what counts as an FDA‑approved medicine and who counts as a licensed health care provider.
Ability to sue over blocked medicines
If a state or official violates this bill, you or your provider could sue in federal court. Courts could halt the rule fast and order other fair relief. If you win, you would get your court costs and reasonable attorney fees; in a nonfrivolous case, you would not owe the government’s fees. The U.S. Attorney General could also sue. Governments would have to prove with clear and convincing evidence that any restriction truly improves access and that no less restrictive option exists.
Overrides conflicts, keeps FDA authority
This bill would override federal and state laws that conflict with access to FDA‑approved medicines, unless a later law clearly says otherwise. It would not change rules about what health plans must cover. It would also keep FDA’s power to approve or license drugs and the federal government’s power to enforce those approvals.
Immediate effect and broad reading
If enacted, the bill would take effect right away. Courts would be told to read it broadly to carry out its purpose. If one part is struck down, the rest would still apply.
Sponsors & CoSponsors
Sponsor
Ross, Deborah K. [D-NC-2]
NC • D
Cosponsors
Schrier
WA • D
Sponsored 7/17/2025
Rep. Castor, Kathy [D-FL-14]
FL • D
Sponsored 7/17/2025
Trahan
MA • D
Sponsored 7/17/2025
Fletcher
TX • D
Sponsored 7/17/2025
Rep. Watson Coleman, Bonnie [D-NJ-12]
NJ • D
Sponsored 7/21/2025
Rep. Williams, Nikema [D-GA-5]
GA • D
Sponsored 7/29/2025
Cohen
TN • D
Sponsored 7/29/2025
McClellan
VA • D
Sponsored 7/29/2025
Rep. Strickland, Marilyn [D-WA-10]
WA • D
Sponsored 8/5/2025
Rep. Clarke, Yvette D. [D-NY-9]
NY • D
Sponsored 8/12/2025
Rep. Scanlon, Mary Gay [D-PA-5]
PA • D
Sponsored 8/12/2025
DelBene
WA • D
Sponsored 8/12/2025
Escobar
TX • D
Sponsored 1/20/2026
Kennedy (NY)
NY • D
Sponsored 1/20/2026
Elfreth
MD • D
Sponsored 1/21/2026
Rep. Beatty, Joyce [D-OH-3]
OH • D
Sponsored 1/21/2026
Rep. Meng, Grace [D-NY-6]
NY • D
Sponsored 1/22/2026
Rep. Titus, Dina [D-NV-1]
NV • D
Sponsored 1/22/2026
Peters
CA • D
Sponsored 1/30/2026
Rep. Lieu, Ted [D-CA-36]
CA • D
Sponsored 1/30/2026
Rep. Veasey, Marc A. [D-TX-33]
TX • D
Sponsored 1/30/2026
Rep. Johnson, Julie [D-TX-32]
TX • D
Sponsored 2/11/2026
Rep. Frankel, Lois [D-FL-22]
FL • D
Sponsored 2/11/2026
Rep. Hayes, Jahana [D-CT-5]
CT • D
Sponsored 3/19/2026
Rep. DeSaulnier, Mark [D-CA-10]
CA • D
Sponsored 3/19/2026
Rep. McClain Delaney, April [D-MD-6]
MD • D
Sponsored 4/27/2026
Craig
MN • D
Sponsored 4/30/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov