Concern aired on provision of cheaper medicine law

MANILA, Philippines – The Drug Store Association of the Philippines (DSAP) yesterday expressed concern over a provision of Republic Act 9502 or the Cheaper Medicine Law that requires drug outlets to “carry” certain medicine and drugs imported by the government.

DSAP chair Celia Carlos made the statement as the formulation of the implementing rules and regulations for the Cheaper Medicine Law took off yesterday when the Department of Health (DOH) held its first public hearing with stakeholders to get inputs from consumers, drug companies, medical groups and other concerned sectors that could be vital to the IRR.

Carlos said that some drugs, like those against malaria, might not be saleable in certain places where the mosquito-borne disease is not considered endemic.

She was likewise concerned about the return policy for unsold items.

According to Dr. Roberto So, program manager of the DOH’s Pharmaceutical Management Units, the law makes it mandatory for drug outlets to carry certain medicine “brought into the country through parallel importation.”

“There is a portion in the law that amended the Intellectual Property Law that allows to do parallel importation pursuant to the internationally-agreed flexibility. The law says that if a medicine has been imported, no drug outlets must refuse to carry it. They must have a set of medicine that they have to carry in their stores,” he told The STAR.

Under the law, the DOH, through the Philippine International Trading Corp. and an authorized third party can import patented medicine if there is a public health problem.

So maintained that this policy was designed to ensure adequate supply of affordable quality medicine if there is a public health need.

Regarding amendment of the Generics Law, stakeholders were concerned about a provision that requires pharmaceutical companies to manufacture a generic version of their products.

DOH Undersecretary Atty. Alex Padilla, who presided over the public hearing, said that the objective of such provision is for drugstores to have “alternative generic products to branded products that are prescribed by doctors.”

Asked about the quantity of generic products that companies will be required to produce, he claimed that the law is not clear on details regarding this provision.

“We also have the same question. We want to rely more on the inputs of the industry in this regard. So we will be awaiting whatever inputs the industry may have that we may adopt. You may realize that this is a difficult provision to do on our own,” he said.