The Kuala Lumpur High Court has ordered a stay of enforcement against the government’s directive to display drug prices under the Price Control and Anti-Profiteering (Price Marking for Drugs) Order 2025.
Judge Alice Loke ruled today that the effect would be irreparable if a stay is not granted.
Lawyer Abraham Au, representing the Private Medical Practitioners’ Association of Selangor and Kuala Lumpur (PMPASKL) and Medipulse Healthcare Sdn Bhd as the plaintiffs, confirmed the decision with Malaysiakini.
“The judge had granted a stay against the government’s directive until the final disposal of the judicial review,” he said, adding that the court has fixed June 10 for case management.
The plaintiffs, who named the Health Ministry, the Domestic Trade and Cost of Living Ministry, and the government as defendants, filed their legal challenge on July 29 last year.
The plaintiffs argue that the directive cannot interfere with existing healthcare legislation, including the Sale of Drugs Act 1952 and the Medical Act 1971.
They also contended that the directive may pressure medical practitioners to prescribe cheaper but less optimal medicines, as patients may refuse the best treatment based on drug costs.
Their legal action follows the government’s directive in April 2025, which required private healthcare facilities to display medicine prices.
Enforcement deferred
The Health Ministry informed the court on Aug 26 last year that the directive would be enforced on Jan 1 this year.
This prompted the plaintiffs to apply for an urgent stay of enforcement, which led to today’s decision.
Before PMPASKL and Medipulse’s judicial review filing, the same defendants were slapped with a similar challenge, filed by eight plaintiffs on July 24 last year.
The plaintiffs in the separate case were the Malaysian Medical Association, the Association of Private Practitioners Sabah, the Malaysian Association for the Advancement of Functional and Interdisciplinary Medicine, the Organisation of Malaysian Muslim Doctors, the Federation of Private Medical Practitioners’ Associations Malaysia, the Malaysian Private Dental Practitioners’ Association, the Society of Private Medical Practitioners Sarawak, and a medical practitioner, Dr Saifulbahri Ahmad.
Enforcement of the directive was initially scheduled for May 1. However, it was deferred pending the ongoing legal challenges. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.