DOH to file cases vs pharmacies, hospitals not implementing cheaper drugs law

MANILA, Philippines – The Department of Health (DOH) yesterday threatened to file cases against pharmacies and private hospitals that are not implementing the government price control on essential medicine pursuant to the Cheaper Medicine Law.

Health Secretary Francisco Duque III said there were few drug stores that did not comply with the maximum drug retail price, which took effect last Aug. 15.

“Right now a few cases are being investigated and we’ll be filing cases once we’ve consolidated the reports,” Duque told reporters after attending the launching of The Medical City’s Regenerative Medicine Laboratory in Pasig City.

Duque also urged the public and the media to report to the DOH drug outlets that continue to sell regulated medicine at prices higher than the maximum drug retail price.

The Food and Drug Administration (formerly Bureau of Food and Drugs) complaints hotlines are 807-0751 and 807-8275.

Meanwhile, Health Undersecretary Alexander Padilla said that 90 percent of pharmacies and hospitals complied with the maximum drug retail price.

“So far so good, better than expected,” he said in an interview.

“There are a few violations. We’re investigating them. We have already asked them to explain,” Padilla said, without identifying the violators.

He said they have given these drug retail outlets three days to explain why they should not be sanctioned.

Republic Act 9502 or the “Universally Accessible Cheaper and Quality Medicine Act of 2008” gave the DOH the power to impose hefty administrative fines and penalties against any person, manufacturer, importer, trader, distributor, wholesaler, retailer or any other entity who will violate the imposed maximum retail price.

The fine ranges from P50,000 to P5 million.

President Arroyo signed last month Executive Order 821 that imposes a mandatory 50 percent price cut on five kinds of medicine.

The medicine placed under compulsory price reduction under EO 821 were anti-hypertensive Amlodipine; anti-cholesterol Atorvastatin; anti-bacterial/anti-biotic Azithromycin; anti-neoplastic/anti-cancer Cytarabine and anti-neoplastic/anti-cancer Dosorubicin and all its salt forms.

The price cut started last Aug. 15 while the full implementation would be on Sept. 15, and will apply to all retail outlets such as drugstores, hospital pharmacies, health maintenance organizations, convenience stores and supermarkets.

The EO would also apply to all government entities involved in the procurement of the listed drugs as well as government corporations that reimburse the cost of the drugs purchased by qualified members.

The DOH also warned the public against unscrupulous businessmen selling vaccines supposedly against Influenza A(H1N1), saying the vaccine is not yet available.

And if the vaccine is already out in the market, DOH director for National Center for Disease Control and Prevention Dr. Yolanda Oliveros said this would be distributed among affected countries by the World Health Organization (WHO).

“It won’t be commercially available. There is an international agreement that WHO will be the one to distribute the vaccines,” Oliveros told The STAR.

There have been promotional activities for vaccines supposedly against A(H1N1) since its outbreak a few months ago.

But Oliveros noted that since the virus is “novel” or new, the development of the vaccines is still underway.

“I think the Phase 3 clinical trial of the vaccines is not yet finished,” she said.    – Helen Flores (The Philippine Star), with Sheila Crisostomo