Executive Order 13938: Increasing Drug Importation To Lower Prices for American Patients
President: Donald J. Trump
Directed HHS and FDA to develop lawful routes for importing lower-cost prescription drugs from other countries, subject to safety and statutory conditions.
Status: In effect. Is Executive Order 13938 still in effect? Yes. Executive Order 13938 remains in effect. See Federal Register record.
What does Executive Order 13938 do?
FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.
Evidence review, September 23, 2026: FDA published a final rule permitting qualifying state and tribal drug-importation programs under specified safeguards.
Before and after
Before the order
Federal drug-importation law restricted commercial importation of prescription medicines and required safety and cost determinations for qualifying pathways.
After the order
FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.
The FDA rule defines a conditional pathway, not automatic importation or proven consumer savings. Any particular proposal remains subject to FDA approval and statutory safeguards.
Who had to do what
| Agency / official | What the signed order directed | Deadline / timing |
|---|---|---|
| HHS Secretary | Expand lawful safe access to imported lower-cost drugs by facilitating individual importation waivers when safety/cost conditions are met, authorizing insulin re-importation upon an emergency-care finding and completing the Canada importation rulemaking. | No deadline specified; actions as appropriate and consistent with law. |
Source: Signed Federal Register text.
Later developments
Later authority: FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions. (October 1, 2020)
What happened next
EO 13938 signed.
FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.
Guide checked against signed order and later official evidence.
Legal and source detail
How it works legally
The FDA rule defines a conditional pathway, not automatic importation or proven consumer savings. Any particular proposal remains subject to FDA approval and statutory safeguards.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 26, 2026. How we research →