Congress·In Committee·H.R. 4525

Rep. Ross Introduces the Right to FDA-Approved Medicines Act to Stop States From Banning Prescriptions

Right to FDA-Approved Medicines Act

8 months ago·View on Congress.gov

Legislative Progress

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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.
From policy text
“An individual has a statutory right under this Act to obtain FDA-approved medicines free from coercion, and a health care provider has a corresponding right to provide FDA-approved medicines, and information, referrals, and services related to such medicines.”
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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.
From policy text
“Neither the Federal Government nor any State may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that-- (A) prohibits or restricts the sale, provision, or use of any FDA-approved medicines”
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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.
From policy text
“This Act applies notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).”
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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.
From policy text
“Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including an individual described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4.”
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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.
From policy text
“The provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program”
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Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

State Impacts

StateScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Jul 17, 2025House

Referred to the House Committee on Energy and Commerce.

Jul 17, 2025

Introduced in House

What Happens Next

Projected impacts based on AI analysis

Upon enactment

If enacted, the law takes effect immediately on the day it is signed

All existing state and federal restrictions on FDA-approved medicines would become unenforceable from day one, and patients and providers could begin filing lawsuits against any government blocking access.

Within weeks of enactment

Lawsuits challenging state drug restrictions begin in federal courts

Patients, providers, and the Attorney General would likely file suits in states that ban or restrict specific FDA-approved drugs, potentially creating a wave of litigation that reshapes state drug policies.

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Federation of State Medical Boards·7 months ago

August Recess Check-in: Federal and State Medical Policy Update

The Right to FDA-Approved Medicines Act (H.R. 4525) would clarify that FDA approvals of medicines and vaccines preempt any attempts by states to forbid or restrict their sale or use, including challenges based on the Religious Freedom Restoration Act of 1993.