KUALA LUMPUR, April 30 — Private health care facilities and community pharmacies face a fine of up to M100,000 if they do not display drug prices as mandated by the law.
The Price Control and Anti-Profiteering (Price Marking for Drug) Order 2025, made under Section 10 of the Price Control and Anti-Profiteering Act 2011 (Act 723), was gazetted yesterday by Domestic Trade and Cost of Living Minister Armizan Mohd Ali and published on the Attorney-General’s Chambers (AGC) federal legislation portal today.
Section 10 empowers the minister to gazette orders to require price marking for “any goods or services which are to be supplied.” The minister may prescribe a maximum penalty of RM100,000 for contravention of such orders.
The medicine price display order under the Domestic Trade and Cost of Living Ministry (KPDN) comes into operation tomorrow (May 1) in less than 24 hours.
For drugs that are not displayed for sale or placed behind a counter that cannot be accessed or seen by consumers, “a list of selling prices describing the information of the drugs to be sold, supplied or administered to consumers shall be maintained and displayed.”
Price tags or labels must be placed on the drug, bag, or container of the drug for medicines that are displayed for sale and can be accessed or seen by consumers.
The list of “selling prices” of the drugs displayed must contain the “generic name or active ingredient of the drug, strength, trade name and the selling price per unit, per unit weight or measure of the drug.”
The drug price list must be in “physical form, electronic media, electronic screen or any tool or device which is suitable to the needs and condition of the private health care facility and community pharmacy” and can be accessed and seen by consumers.
Price tags or a “list of selling prices of the drugs displayed” must be in the national language or English and be “sufficiently conspicuous” to consumers.
“If the recommended retail price of the drug displayed on any part of the drug, such recommended retail price does not form part of the price marking or the list of selling prices of the drugs under this Order.”
Failure to comply with any provisions of the order is considered an offence and, upon conviction, is subject to a maximum fine of RM50,000 for a person who is not a body corporate or a fine not exceeding RM100,000 for body corporates.
“Private health care facility” under the drug price display order follows the definition under the Private Healthcare Facilities and Services Act 1998 (Act 586). Act 586 defines “private health care facility” as premises – other than a government health care facility – used for the provision of health care services or health-related services, such as a private hospital, hospice, ambulatory care centre, nursing home, maternity home, psychiatric hospital, psychiatric nursing home, community mental health centre, haemodialysis centre, medical clinic, and dental clinic.
“Community pharmacy” is defined in the order as “any premise having at least one registered pharmacist holding a Type A licence to sell or supply poisons by retail or wholesale and retail under the Poisons Act 1952 (Act 366). The drug price display order exempts wholesale activities by community pharmacies.
“Drug” is defined as “any product as defined under regulation 2 of the Control of Drugs and Cosmetics Regulations 1984 [P.U. (A) 223/1984]” and any drug used by humans and for human use.
KPDN’s order does not show examples of acceptable drug price displays.
Ministers: MOH In Charge Of Enforcement, With KPDN’s Guidance And Cooperation
Health Minister Dzulkefly Ahmad and Armizan said the Ministry of Health (MOH) will conduct enforcement of medicine price display, together with guidance and cooperation from KPDN.
“The early phase of monitoring and enforcement of this order will use a phased educational enforcement approach for three months,” the ministers said in a joint statement.
“This step is taken to ensure that enforcement activities are carried out with wisdom, compassion, and effectiveness, allowing each private health care facility to make adjustments and improvements in stages.”
According to Dzulkefly and Armizan, drug price display covers “all medicines for human use”, including medicines that require or don’t require prescriptions, over-the-counter (OTC) drugs, traditional medicines, health supplements, and extemporaneous preparations.
The government’s price transparency initiative is aimed at enabling consumers to make “informed choices” by knowing, comparing, and choosing the best price when planning medical expenditure.
An FAQ on drug price display can be accessed from the MOH’s Pharmacy Services Programme website.
