Do not let the situation of the same medicine but different price in different places
The draft Law amending and supplementing a number of articles of the Law on Pharmacy has stipulated the announcement of expected wholesale drug prices to replace the procedure for declaring wholesale drug prices , to avoid confusion with the price declaration measure in the Law on Prices. Accordingly, the draft Law has added explanations for the terms "expected wholesale drug prices", "announcement of expected wholesale drug prices", "re-announcement of expected wholesale drug prices", "similar drug items", clearly defining the subject performing the procedure, the agency receiving the procedure; measures when discovering unreasonably high price declarations.
The Draft Law also provides more specific regulations on drug price management measures as well as the responsibilities of state management agencies and pharmaceutical businesses related to implementing drug price management measures.
Emphasizing the new point of the draft Law is to control wholesale prices, National Assembly Chairman Tran Thanh Man suggested that it is necessary to continue studying this regulation, so as not to affect the purchase of drugs by medical facilities. "It is necessary to clarify the responsibility of business establishments when announcing prices and the responsibility of management agencies to warn about drug prices". Noting this, the National Assembly Chairman also suggested that it is necessary to review and have additional regulations on post-inspection to ensure the quality of safe drugs for users.
“Currently, people are most concerned about the quality of medicine. I also spoke once in the group discussion session that we should not waste money advertising medicine on mass media, and how to make people use medicine safely. The health sector must control the quality of medicine. The price of medicine at pharmacies must be consistent, not the same medicine, but pharmacy A sells it at this price, pharmacy B sells it at a different price,” the National Assembly Chairman pointed out.
In Clause 2, Article 3 of the Law on Prices stipulates: “In case another Law issued after the effective date of the Law on Prices requires specific provisions on price management and regulation different from the provisions of the Law on Prices, it is necessary to specifically determine the content of implementation or non-implementation according to the provisions of the Law on Prices, and the content of implementation according to the provisions of that other law”. Citing this provision, Chairman of the Law Committee Hoang Thanh Tung affirmed that the provision on announcing the expected wholesale price of drugs in the draft Law amending and supplementing a number of articles of the Law on Pharmacy fully meets the above requirements, is not yet included in the Law on Prices and is not contrary to the Law on Prices.
Regarding price announcement, the draft Law stipulates that enterprises importing and manufacturing wholesale drugs must send notices of wholesale prices to the Ministry of Health for announcement and the Ministry of Health has the right to make recommendations on announced prices, re-announcements during the drug circulation on the market when the Ministry of Health discovers one of the cases specified in Clause 4, Article 107 of the draft Law. According to the Chairman of the Law Committee, the drafting agency needs to clarify the legal value of the Ministry of Health's recommendation; and is this recommendation mandatory for enterprises to implement?
Consider medical oxygen regulations
One content that still has different opinions between the Standing Committee of the Social Affairs Committee and the Ministry of Health is the regulation on medical oxygen. Stating that this is a highly specialized content, whether or not to include it in the draft Law, and if not included in this draft Law, then in which Law or legal document of the Government, National Assembly Chairman Tran Thanh Man noted that this is a special product introduced into the patient's body for treatment, so it must be regulated by Law with principled regulations.
In reality, for the benefit of patients, "if there are legal regulations on medical gases, health insurance will pay for patients when using this type of gas". Therefore, while it has not been adjusted in the Law, the Chairman of the National Assembly suggests that this content can be considered in the Resolution on the National Assembly Session or the Resolution of the National Assembly Standing Committee.
However, whether it is a regulation in a legal document, resolution or decree, it must include all types of gases used in medicine, in medical examination and treatment, and should not only mention medical oxygen; if necessary, two options can be presented at the upcoming Conference of National Assembly Deputies working full-time for National Assembly Deputies to evaluate, discuss and give further opinions," the National Assembly Chairman requested.
Assuming that “medicine” is medicine and medicinal ingredients, “pharmaceutical substance” is a mixture of substances used to diagnose, treat, cure, and alleviate diseases; and when a patient is seriously ill and in a very critical condition, oxygen must be supplemented to support the patient's health, which is essentially a treatment, according to Chairman of the Committee for Culture and Education Nguyen Dac Vinh, in this case oxygen is a medicinal substance, a pharmaceutical substance.
"Meanwhile, we have not yet regulated medical oxygen in any law. If it is necessary to regulate, it can be included in the scope of the draft Law amending and supplementing a number of articles of the Law on Pharmacy, with urgent needs to serve patients," the Chairman of the Committee on Culture and Education proposed.
Emphasizing the six words "cautious, precise, and consistent" for the legitimate interests of people, businesses, and medical facilities, National Assembly Chairman Tran Thanh Man suggested that the revised Pharmacy Law, after being promulgated, must have a long "lifespan", contributing to better and higher-quality health care for people. The Government and relevant ministries and branches need to issue decrees and circulars in a consistent manner to implement the Law.
Source: https://daibieunhandan.vn/dien-dan-quoc-hoi-va-cu-tri/bao-dam-than-trong-chinh-xac-dong-bo-i383882/
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