DDon't look now but the cheaper medicine law may not be the cure all to the woes of high medicine prices. Called as “Universally Accessible Cheaper and Quality Medicines Act of 2008”.or Republic Act 9502, the new law as hyped, may not be the solution to the nagging problem of high prices of drugs and medicines. As soon as the new law was enforced starting yesterday, varied reactions from both sectors were observed even as local pharmacies have found scapegoats and of all people—local doctors. An owner (identity withheld) of a chain of pharmacy in the city said that doctors are at fault in the soaring of medicine prices. They issue prescriptions on certain medicines that are costly so that they can have “commissions” from those medicines in connivance with the promoters. The owner, in an interview, cited an example that doctors are still practicing “endorsements” for “perks” yesterday in the pharmacy. The owner discovered that a certain drug prescription presented by a customer appeared on it but another was written at the back with an instruction that the one written at the back should be bought instead of the other with lower tag price. But the owner did not identify the doctor nor the customer.

The owner explained that it used to be that medical representatives that carry out the promotions and monitoring of their drugs can acquire a car after just two years. But now they can hardly get one within five years because some doctors are reluctant to endorse for fear of prosecution once caught. The owner stressed that the law is good and favors its implementation but admitted the pharmacy may be affected by the price adjustments. Senior board member of the Sangguniang Panlalawigan Cesar Tomas Lopez, a doctor by profession, said big pharmaceutical companies spent huge sums for what he called “wine and dine” perks given to the doctors to get endorsements of the medicines they produced and marketed. Rep. Adam Relson Jala said the law, which was concurred by him and his colleagues, will ultimately provide the consumers with an affordable but of quality medicines especially the essential ones. He admitted however that drug firms may be affected by the lower prices of drugs imposed by the law at half the price. But what is important, he said, is that it will benefit the general public. In a separate interview, Catigbian Mayor Bert Salinas, president of the League of Municipalities of the Philippines Bohol chapter, also said that the said law is a “blessing from heaven.”

For its part, Mercury Drugs here through its manager Gina Manimantan said that the company will just follow the law with the support of the people. In fact, she said in an exclusive interview, that the company is implementing the discount privilege the senior citizens as long as the latter would comply with the requirements. In a recent interview, party-list Bayan Muna Rep. Teddy Casino said that there are still loopholes in the said law because it gives the President to issue such pricing of the medicines. Section 17 provides that “the President of the Philippines , upon recommendation of the Secretary of the Department of Health, shall have the power to impose maximum retail prices over any or all drugs and medicines as enumerated in Section 23.”  Casino said that there are some limitations of the law that do not benefit the poor. The said law may be effective only if supported by local producers. There should be a national drug development program that would assist in the development of the local initiatives for medicine.

The list of drugs and medicines that are subject to price regulation provided by Section 23 include the following: “(a) All drugs and medicines indicated for treatment of chronic illnesses and life threatening conditions, such as, but not limited to, endocrine disorders, e.g., diabetes mellitus; gastrointestinal disorders, e.g., peptic ulcer; urologic disorders, e.g., benign prostatic hyperplasia (BPH); cardiovascular diseases, e.g., hypertension; pulmonary diseases, e.g., pulmonary tuberculosis (PTB), asthma; auto-immune diseases, e.g., systemic lupus erythematosus (SLE); skin diseases, e.g., psoriasis; neuro-psychiatric disorders; other infectious diseases, e.g., human immunodeficiency virus-acquired immune deficiency syndrome (HIV-AIDS); and other conditions such as organ transplants and neoplasm; (b) Drugs and medicines indicated for prevention of diseases, e.g., vaccines, immunoglobulin, anti-sera; (c) Drugs and medicines indicated for prevention of pregnancy, e.g., oral contraceptives; (d) Anesthetic agents; (e) Intravenous fluids; (f) Drugs and medicines that are included in the Philippine National Drug Formulary (PNDF) Essential Drug List; and (g) All other drugs and medicines which, from time to time, the Secretary of the Department of Health determines to be in need of price regulation.”

Section 24 of the law prohibits “any manufacturer, importer, trader, distributor, wholesaler, retailer, or any person engaged in any method of disposition of drugs and medicines to engage in acts of price manipulation such as hoarding, profiteering, or illegal combination or forming cartel, as defined under Section 5 of Republic Act No. 7581, otherwise known as the Price Act, and all other acts committed in restraint of trade.” If found violating this provision the penalty of imprisonment for a period of not less than five (5) years nor more than fifteen (15) years or shall be imposed a fine of not less than One hundred thousand pesos (Php100,000.00) nor more than Ten million pesos (Php10,000,000.00), at the discretion of the court.  The court may also order the suspension or revocation of its license to operate (LTO), professional or business license as provided  for under Section 25. “Whenever any act of illegal price manipulation of any drug and medicine subject to price regulation is committed by a juridical person, its officials or employees, or in case of a foreign corporation or association, its agent or representative in the Philippines who are responsible for the violation, shall be held liable therefore.” (RVO)