KUALA LUMPUR, March 3 — The Federation of Private Medical Practitioners Associations, Malaysia (FPMPAM) has threatened to file a judicial review if the government proceeds with mandating medicine price displays at general practitioner (GP) clinics.
FPMPAM president Dr Shanmuganathan TV Ganeson expressed “deep disappointment” with the outcome of a briefing chaired by Health Minister Dzulkefly Ahmad last Thursday in Kuala Lumpur on the drug price display mandate for private health care facilities and community pharmacies.
“While the session was intended to clarify the government’s stance, it instead exposed serious gaps in policy justification and failed to address the legitimate concerns of general practitioners (GPs),” Dr Shanmuganathan said in a statement Saturday.
“Given the lack of satisfactory responses and the ongoing threats to the viability of GP clinics, FPMPAM maintains that a judicial review remains a necessary course of action.
“However, we also advocate for a multi-pronged strategy, combining legal challenges, legislative lobbying, professional solidarity, and public awareness campaigns to counteract this policy effectively.”
Both FPMPAM and the Malaysian Medical Association (MMA) claimed that the health minister promised stakeholders at the Thursday briefing that the enforcement of price displays would be postponed and that he would present, to Cabinet, a review of GP fees under Schedule 7 of the Private Healthcare Facilities and Services Act 1998 (Act 586). Clinic GP consultation fees have been stagnant for 33 years at RM10 to RM35.
“While this announcement was met with temporary relief by the participants, FPMPAM remains concerned that the trade-off between a Schedule 7 review and the imposition of price display ultimately serves the agenda of those advocating for dispensing separation,” said Dr Shanmuganathan.
Dzulkefly did not publicly commit to a delay in enforcing the drug price display mandate, nor to raising GP fees.
In a reply last Friday to MMA president-elect Dr R. Arasu – who claimed that the medicine price display would only be enforced after a 7th Fee Schedule revision – the health minister simply posted on X, “I really thought that we had an honest and engaging discussion”, without mentioning those two issues.
According to the Ministry of Health’s (MOH) presentation slides at the drug price display briefing, as sighted by CodeBlue, the new order to display and maintain a list of medicine retail prices will fall under the Price Control and Anti-Profiteering Act 2011 (Act 723).
Act 723 falls under the Domestic Trade and Cost of Living Ministry (KPDN), whereas Act 586 is under the MOH’s jurisdiction. A KPDN official also presented at the briefing session.
Based on the MOH’s presentation by a National Pharmaceutical Regulatory Agency (NPRA) official, drug price displays will be imposed on all private health care facilities and services, as defined under Act 586, as well as all community pharmacies with an A licence that conduct retail activities and have registered pharmacists.
Drug prices can be displayed either in print at the premise or via electronic devices. Price tags must also be affixed to each bottle or package of medication.
Medicine prices must be displayed in areas where consumers and enforcement officers can see them clearly, with the MOH suggesting registration areas for private clinics, hospital lobbies for private hospitals, and the dispensation counter for community pharmacies.
For community pharmacies, psychotropic or prescription drugs must be included in the price displays. Private hospitals can display two different prices for outpatients and inpatients.
“FPMPAM firmly believes that the imposition of price display on GP clinics is both inappropriate and detrimental to the sustainability of private primary care,” said Dr Shanmuganathan.
“The application of the Price Control and Anti-Profiteering Act (AKHAP) 2011 to health care services is fundamentally flawed, as medical practice is governed under the Private Healthcare Facilities and Services Act (PHFSA) 1998,” Dr Shanmuganathan said in his statement.
“This creates a dangerous precedent where two conflicting laws dictate pricing regulations for medical services, leading to overregulation and confusion.”
FPMPAM said that when it questioned the KPDN representative during the briefing on the definition of “unreasonable profits” and the legal basis for MOH falling under the jurisdiction of KPDN, “the response was vague and failed to provide any clear justification.”
“The overwhelming support from the audience highlighted the widespread dissatisfaction among medical professionals,” said Dr Shanmuganathan.
Former FPMPAM president Dr Steven KW Chow claimed that the prices of medications constantly fluctuate – as frequently as a weekly basis – due to market forces.
“The public display of medicines and prices at a clinic could be perceived as advertising, potentially violating the Medicines (Advertisement and Sale) Act 290, the Malaysian Medical Council’s Code of Professional Conduct, and the Guidelines of the Lembaga Iklan Ubat,” he wrote.
If the drug price display mandate does end up getting enforced this year and FPMPAM files suit, this will be the second legal challenge by medical doctors against the government over public policies under Prime Minister Anwar Ibrahim’s administration.
Anti-tobacco groups, many of which are led by doctors, filed a judicial review application in June 2023 over the declassification of liquid nicotine from the list of controlled substances under the Poisons Act 1952, during which Dr Zaliha Mustafa was health minister.
