Illustration from http://www.smartsme.tv/
A. Niti Neungjamnong
Director of Sripathum Law Center
Hello Smart SME members and readers, this is the first edition in which I have had the opportunity to bring legal issues related to both business and social issues to tell everyone. In this edition, I would like to bring some points in the amendment of the draft Drug Act B.E. … to tell everyone about where the real cost of medical treatment comes from and what the future of the drugstore business will be like.
In the past, the Ministry of Public Health proposed amendments to the draft of the Drug Act B.E. … and one of the many important issues is the disclosure of information on the drug price structure in order to request drug formula registration. It is hoped that when the price structure and all costs are disclosed, drugs will be cheaper. If the price is expensive or not as the reviewer deems appropriate, that drug will not be registered. From the draft of the Drug Act B.E. …, the relevant sections are Section 48, List of Drug Formula Registration Items, and Section 49, Prohibitions on Drug Formula Registration.
Using drug price structure data as a condition for drug formula registration is probably not appropriate and incorrect, because drug price structure data is not a criterion to indicate whether a drug is of quality, effective, and safe. Important and universal conditions for drug formula registration should be considered based on the following elements: 1. Is the drug of quality and effective in treating disease? 2. Safety of drug use. 3. Has the drug passed academic studies and research?
The use of drug price structure data as a condition for drug registration may affect access to drugs and patient care for the following reasons:
1. Cutting off access to drugs from the beginning will cause professionals and patients to lose access to appropriate drugs to treat their diseases, especially diseases with few drug groups.
2. Lack of international acceptance, especially in Thailand being a medical hub (Thailand Medical Hub)
3. Lack of recognition and undermining of investment in international research and development. Research and development of new drugs has a body of know-how developed by researchers that is very valuable. An example of research in Thailand that has been patented is Andrographis paniculata gel used as an adjunct to the treatment of periodontitis.
Therefore, the use of drug price structure as a consideration for drug registration is likely to be against the purpose of drug registration. It may cause good drugs with high prices to have their prices used to decide on drug registration, which is considered a decision not to allow people access to drugs. There is already a measure to control drug prices. However, price control by the government and by the market mechanism by patients in private hospitals already exists at present.
Whether the price is expensive or not reasonable depends on the price of drugs sold in each place, how much the price has been marked up. And importantly, it is promoted by promoting drugstore operators ( Drugstores , Pharmacy) and encouraging patients to bring their prescriptions to buy drugs from doctors (doctor prescription) if we want people to have access to real drugs at a fair and reasonable price.
This story probably won’t end here because using drug price structure data to consider drug registration is not a solution to the problem of drug access and expensive drugs. But solving the problem of expensive drugs to increase drug access will require a change in the system, creating a mechanism to control drug quality and drug distribution. It’s time to consider this matter carefully. Those who run drug stores should follow this matter closely. This issue will take its leave for now and follow up in the next issue.
