Washington, D.C. — Today, Congresswomen Deborah Ross (NC-02), Kim Schrier, M.D. (WA-08), Lori Trahan (MA-02), Kathy Castor (FL-14), and Lizzie Fletcher (TX-07) introduced the Right to FDA-Approved Medicines Act, new legislation to protect Americans’ ability to access safe, effective medications that have been reviewed and authorized by the U.S. Food and Drug Administration (FDA). This bill clarifies that FDA approval of medicines preempts state efforts to ban their prescription, provision, or use.
This legislation comes at a time when some states, including North Carolina, are working to ban or limit access to mifepristone, one of two drugs approved for pregnancy termination. Just this week, a the U.S. Court of Appeals for the 4th Circuit ruled that federal law does not prevent West Virginia from restricting medication abortion. If states are effectively able to ban FDA-approved medications like mifepristone, that could open the door to bans of birth control, PrEP, vaccines, and other life-saving FDA-approved medications.
“In recent years, we’ve seen a troubling rise in politically motivated attempts by extremist state legislatures to block access to safe, effective medications approved by the FDA,” said Congresswoman Ross. “This legislation clarifies that if a medication is approved by the FDA, no state can stand in the way of a patient who needs it. Allowing states to second-guess the FDA and ban safe, life-saving medications sets a dangerous precedent that undermines the entire drug approval process. Science, not politics, should guide health care in this country. Thank you to my colleagues for joining me in this important effort.”
"Patients should never lose access to medications because of where they live, and we’ve already seen states try to ban medications such as mifepristone. As a physician, I know that blocking access to critical medicines will compromise people’s health and inevitably lead to adverse outcomes for patients," said Congresswoman Schrier, M.D. "That's why I'm proud to introduce this legislation to ensure that patients across the country have access to FDA-approved medications, vaccinations, and reproductive care.”
“When politicians override science to push an agenda, it puts everyone’s health at risk,” said Congresswoman Trahan. “Doctors should be able to prescribe safe, effective, FDA-approved medications based on what’s best for their patients – not what politicians believe. The Right to FDA Approved Medicines Act protects access to lifesaving prescriptions like mifepristone and ensures health care decisions stay between patients and their doctors, not politicians.”
“The safety and efficacy of medications should be determined by science and medical experts – not partisan politics,” said Congresswoman Castor. “FDA sets the gold standard for drug review and approval. Floridians and Americans across the country deserve consistent access to FDA-approved medications, whether it’s for abortion care or cancer treatments. This legislation ensures that extremist politicians cannot deny patients the right to get the care and medication they need to live healthy lives.”
“Everyone deserves access to life saving, FDA-approved drugs,” said Congresswoman Fletcher. “But states like Texas have attempted to block Americans’ access to safe and effective abortion care medications like Mifepristone, which was approved by the federal government more than 20 years ago. I am glad to join Congresswoman Ross in introducing the Right to FDA-Approved Medicines Act to protect access FDA-approved drugs like Mifepristone and to protect the health, dignity, and freedom of women and families across our country.”
This bill would:
- Clarify that individuals maintain the right to access medications that have been approved, licensed, or authorized by the FDA
- Affirm the right of health care providers to prescribe and dispense these medications without fear of criminalization or civil penalties from state governments
- Prevent state governments from banning, restricting, or interfering with access to FDA-approved drugs, including reproductive health medications
Bill text is available here.