Resolution 2025-01: Expanding Over-The-Counter Medication Options
submitted by Dr. Phil Eskew
Whereas pharmaceutical companies are capable of tailoring drug access to the risks that an individual drug poses and have already sought to limit their liability via various educational and informed consent processes, and
Whereas the best evidence suggests that eliminating government-imposed prescription requirements would lead to more judicious use of pharmaceuticals because consumers
make more cautious drug decisions when the choice is theirs rather than when government forces them to consult physicians, and
Whereas even without a statutory requirement, consumers would continue to consult health care professionals before accessing certain drugs when they see the need for expert advice, and
Whereas the doctrine of informed consent and the right to self-medicate are inextricably linked, and
Whereas over-the-counter medications bypass the corrupt pharmacy benefit manager price obfuscation process and lower drug costs for patients, and Whereas patients can more quickly gain access to critical medications in the event of an emergency if they do not require a prescription,
Therefore be it resolved that AAPS recommends that the U.S. Congress repeal necessary Durham-Humphrey provisions and amend federal law to deny the FDA any power to impose prescription requirements for non-controlled drugs, and in the interim FDA leadership should repeal the prescription requirement for all non-controlled drugs.
Cato Institute white paper: https://www.cato.org/white-paper/drug-reformation-end-governments-power-require-prescriptions#executive-summary
