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NGOs call for transparency in formulation of IRR for cheaper medicines law

September 4, 2008 3:20pm
MANILA, Philippines - Nongovernment groups on Thursday called on the government for transparency and participation of civil society groups in the formulation of the implementing rules and regulations of the cheaper medicines law.

"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 the consumer group Cut the Cost, Cut the Pain Network (3CPNet).

The Department of Health and Intellectual Property Office have been conducting public hearings on the Implementing Rules and Regulations of RA 9502 or the 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 Health department and IPO proceed with the public hearings, the groups asked 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 consistently flagged was the capacity of the Bureau of Food and Drugs to deliver its regulatory functions and ensure the safety and quality of low-priced medicines in the market," said Basiano.

"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," she added.

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

"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. - GMANews.TV