S. 5242

119 S5242 IS: Prescription Information Modernization Act of 2026
 U.S. Senate
 2026-08-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5242  IN THE SENATE OF THE UNITED STATES   August 4, 2026   Mr. Banks  (for himself and  Mr. Booker ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To provide for digital communication of prescribing information for drugs (including biological products), and for other purposes.
1.
Short title
This Act may be cited as the   Prescription Information Modernization Act of 2026  .
2.
Digital communication of FDA-approved prescribing information for drugs (including biological products)
(a)
In general
Section 502(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(f) ) is amended by adding at the end the following:  Required prescribing information for drugs subject to section 503(b)(1) may be made available solely by electronic means, provided that the labeling complies with all applicable requirements of law, that the manufacturer affords prescribers and dispensers the opportunity to elect to also continue to receive all such information in paper form or to request paper labeling on an as-needed basis, and, after such request, that the manufacturer promptly provides the requested information without additional cost. .
(b)
Rulemaking
(1)
In general
Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to—
(A)
implement the amendment made by subsection (a); and
(B)
provide instructions on how health care professionals can receive paper copies of prescribing information directly from the manufacturer or distributor if desired.
(2)
Economic impacts
The Secretary of Health and Human Services shall design the regulations required by paragraph (1) so as to minimize the adverse economic impacts of such regulations on prescribers and dispensers.
(c)
Public workshop
Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall hold a public workshop with relevant stakeholders to discuss how to continue to optimize the format, accessibility, and usability of prescribing information.
(d)
Effective date
The amendment made by subsection (a) shall apply with respect to drugs introduced or delivered for introduction into interstate commerce on or after the sooner of—
(1)
the date that is 2 years after the date of the enactment of this Act; or
(2)
the effective date of the final regulations promulgated to implement such amendment.
(e)
Definition
In this section, the term  drug  has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).