The Right to FDA-Approved Medicines Act establishes a statutory right for individuals to obtain any FDA-approved medication and for healthcare providers to prescribe these medicines without government interference or restriction. The bill broadly prohibits federal and state governments from limiting, restricting, or singling out access to FDA-approved drugs, unless they can prove by "clear and convincing evidence" that such restrictions significantly advance medicine access and cannot be replaced by less restrictive alternatives. The legislation overrides most existing federal and state laws that might conflict with these rights, though it does not affect insurance coverage decisions under health plans or federal health programs. To enforce these protections, the bill creates a private right of action allowing patients, healthcare providers, and the federal government to sue in federal court to challenge any laws or policies that restrict access to FDA-approved medications, with prevailing parties entitled to recover attorney's fees and court costs.
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