Alcohol law, drug licensing and better access to health most important: activists

Published on January 1, 2008

Increasing access to medical treatment, issuing more compulsory licences for essential drugs, implementing the Alcohol Control Act and reconciling disputes between medical professionals and patients are the key health challenges facing the new government this year in striving to improve the quality of life for all Thais.

The current government has succeeded in reducing prices for three life-saving medicines and is now considering issuing compulsory licences for four more cancer drugs. The new government is expected to continue the policy of imposing compulsory licensing on essential drugs.

Jiraporn Limpananont, chairman of the Foundation for Consumers, called on the next government to speed up imports of generic versions as compulsory licensing for the three patented drugs was completed earlier this year.

The three drugs were efavirenz, Kaletra and Plavix. The first two are for Aids and are manufactured by Merck's MSD (Thailand) and Abbott Laboratories respectively. The third drug, for heart disease, is made by Sanofi-Aventis.

"The Public Health Ministry must keep its promise to the general public to extend compulsory licensing to other essential drugs. This will give access to all medical treatments and save lives," said Jiraporn, who is also a pharmaceutical science lecturer at Chulalongkorn University.

The health minister is now considering imposing compulsory licensing on four more cancer drugs after negotiating with three drug companies in October to reduce prices.

The four cancer drugs are imatinib, letrozole, docetaxel and erlotinib. Novartis markets imatinib as Glivec, Sanofi-Aventis makes docetaxel as Taxotere, and erlotinib is manufactured by OSI Pharmaceu-ticals as Tarceva.

These drugs are prescribed for leukaemia and breast and lung cancers. Lectrozole is a steroid.

Negotiations for price reduction are expected to be finalised by the end of this month.

The current government became the first ever to impose a compulsory-licensing policy, which is permitted under a World Trade Organisation agreement

Health Minister Mongkol na Songkhla said he would conclude negotiations with the drug companies at the end of this month and might impose compulsory licensing on the four cancer drugs if the companies did not reduce their prices to a level within patients' means.

"I'll do my best to persuade them to sell their products at a reasonable price which patients can afford. If they don't, I'll have to issue compulsory licensing for the cancer drugs to save lives," he said.

Jiraporn said the ministry had to take serious action in imposing compulsory licensing because it had learned a lot about the drug companies' tactics of retaliation.

"They have withdrawn their products from the market, filed lawsuits against the ministry and published statements in the print media about the aggressive behaviour of the ministry. So the Health Ministry must take a more active role to save patients," she said.

Law to control alcohol

The other key issue for the Health Ministry this year is enforcement of the Alcohol Control Act, which slaps a 24-hour-a-day ban on all advertising of alcohol products in broadcast media.

Dr Narong Sahamethapat, secretary-general of the Alcohol Consumption Control Committee, said the ministry was planning to issue a regulation to control alcohol advertising in broadcast media this year but this would depend on whether the new minister was serious about controlling consumption among Thais.

While the ministerial regulation is in the drafting process, the ministry will use a Public Relations Department directive to stop liquor adverts from being aired between 10pm and 5am, he said. This is expected to reduce alcohol consumption pending the new law's implementation.

The committee initiated the Alcohol Control Bill three years ago. The National Legislative Assembly (NLA) vetted it last March. The debate among NLA members focused on Article 31, which proposed to ban all forms of advertisement of alcohol products for 24 hours a day on television. It was passed 71-36 on December 21.

This bill aims to control

all advertising of alcohol products in all media, including print, billboards, radio and television. Alcohol companies are allowed to advertise their products on radio and television 24 hours a day but only with "non-persuasive content" related to alcohol brands, regardless of the broadcast time.

However, after winning NLA approval, some changes were made to the bill. Article 31, which was a key mechanism to control alcohol ads on broadcast media, was withdrawn by an NLA member and replaced with a new measure that would throw the burden onto the ministry to issue a ministerial regulation to control alcohol ads on television and radio.

"I believe there was some lobbying of NLA members by alcohol companies. We have to see if the new government is sincere about controlling alcohol ads in broadcast media. If not, that is bad for us," Narong said.

Reconciliation

The Health Ministry was shocked by the guilty verdict by Nakhon Si Thammarat's Thung Song Criminal Court on December 6 against Dr Suthiporn Kraimak for causing a patient's death by injecting an anaesthetic into his spinal canal. She was sentenced to three years in jail.

This case has multiplied the conflicts between medical workers and patients across the country. Doctors are now afraid of performing any emergency surgery or operation on patients because they may be sued if anything goes wrong.

To resolve conflicts over medical practices between doctors and patients, Mongkol proposes to set up a mediation committee to help doctors and patients negotiate compensation in malpractice cases before they reach court.

The ministry plans to table a "no-fault" bill this year. This law will set up a fund to compensate patients facing medical treatment in hospital and will also prevent patients from suing doctors for medical malpractice.

This draft law is being vetted by the Council of State and is expected to be announced this year.

The Medical Council will also propose a law on "Liability and Legal Procedures for Health Professionals" to the new government. The law would ensure that judges have information from health experts so that they are better prepared to consider medical cases.

Dr Amnat Kusalanant, secretary-general of the Medical Council, said that under the new law physicians would not face civil or criminal punishment unless it could be proved that the malpractice was caused intentionally or through gross negligence.

Preeyanant Lorsermwatthana, a coordinator for the Network of Victims of Medical Malpractice, said she supported the mediation-panel idea.

"Many patients do not even want to sue; they just want the doctor to tell them the truth and say sorry," she said.

However, to resolve the problem between doctors and patients across the country, Mongkol urged the new health minister to execute the project called "Jit Arsa", which aims to build a good relationship between doctors and patients by promoting hospitality among them.

Pongphon Sarnsamak

The Nation
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