NGOs Urge Transparency in IRR Crafting of Cheaper Medicines Law

MANILA — International and national non-government organizations press for measures to arrest high prices of medicines and strict implementation of penalty provisions as they present to Health Undersecretary Alex Padilla today their proposal of the IRR of the Cheaper Medicines Bill.

The proposed IRR that also seeks transparency and clearer accountabilities of public officials and government agencies came from the consumer group Cut the Cost, Cut the Pain Network (3CPNet), Ayos na Gamot sa Abot Kayang Presyo (AGAP) coalition and the patient group Cancer Warriors Foundation (CWF). Also joining the groups are international NGOs Oxfam and Third World Network (TWN).

“Learning from the history of poor compliance of the law, the government should be open to greater civil society participation and allow the accreditation of third party organizations, public health experts and the academe to monitor the implementation of this law,” said Salvacion Basiano, spokesperson of 3CPNet.

The Department of Health and Intellectual Property Office are conducting public hearings on the Implementing Rules and Regulations of RA 9502 or Universally Accessible Cheaper and Quality Medicines Act of 2008.

Basiano said the IRR should also include strict monitoring and enforcement of penalty provisions as provided for in RA 9502 and the other related laws, such as the Generics Act, Price Act and Consumer Act.

As the DOH and IPO proceed with the public hearings, the groups ask for public disclosure of the deliberations of the IRR, and the processes and decisions of the DOH, IPO and all other agencies assigned to implement these laws.

“One of the challenges that the opponents of this law has consistently flagged was the capacity of Bureau of Food and Drugs to deliver its regulatory functions and ensure the safety and quality of low-priced medicines in the market. The agency should establish transparent procedures and allow participation of civil society groups in determining the agency’s priorities and fund allocations to effectively pursue the requirements of this law,” explained Basiano.

The law allows the Bureau of Food and Drugs to retain all the fees, fines, royalties and other charges that the agency has collected and to use these funds to effectively use in its operations, like upgrading of its facilities, equipment outlay, human resource development and expansion, and the acquisition of the appropriate office space, among others, to improve the delivery of its services to the public.

The groups volunteer to help in tracking the prices of medicines and call for greater civil society participation in determining the maximum retail prices of drugs and medicines that are under price regulation. The groups encourage government to tap into the latent network of civil society organizations and patient groups as an approach towards localising a medicine price watch working closely with the Local Health Boards.

“We call on the DOH to prescribe concrete cost-containment measures with specific procedures and standards that will actually make medicines accessible to all. Fines and penalties on any attempt of unscrupulous traders to undermine the intent of the law should be strictly implemented to uphold public health interests over the profit interests of the pharmaceutical industry,” said Basiano.

The groups propose negotiated equitable prices for new essential medicines for priority diseases and implement reference pricing that is being espoused by Philhealth.

“Being among the groups that unrelentingly pursued this public health measure, we commit ourselves to remain steadfast in defending this law against any attempt to diminish its full benefits on the people,” the groups said in their statement.

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