Right to FDA-Approved Medicines Act

Key Points

• The bill creates a federal statutory right for individuals to obtain any FDA-approved medicine and for healthcare providers to prescribe those medicines, free from government interference or coercion.
• State and federal governments would be banned from restricting the sale, provision, or use of any FDA-approved drug. Any government wanting to limit access to an approved medicine would have to prove in court, by clear and convincing evidence, that the restriction actually improves access to care and that no less restrictive option exists.
• The bill explicitly overrides the Religious Freedom Restoration Act and any other federal or state law that conflicts with it, meaning religious objections could not be used by government officials to block access to FDA-approved medicines.
• Both the U.S. Attorney General and private individuals — including patients and healthcare providers — can sue states or government officials who enforce restrictions that violate the law, and prevailing plaintiffs can recover attorney's fees.
• The bill does not require insurance plans or federal health programs to cover specific medications — it only prevents governments from blocking access to drugs that the FDA has already approved as safe and effective.