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Modernise the health regulatory system

Modernise the health regulatory system

09 Jan 2024

Past years, 2022 and 2023, shone a spotlight on the corruption, malpractice and irregularities associated with the procurement, supply and standards of medicine in Sri Lanka. While there have been many past instances of such, the events of 2022 and last year, triggered a public backlash of the magnitude the political authority of Sri Lanka, the law enforcement apparatus and the justice system could not ignore.  

And as such, the issue is now being diligently pursued. However, no one can blame Sri Lankans for not holding their breath to witness justice served, and those responsible for the heinous immunoglobulin scam being brought to book. There are calls for the regulator National Medicines Regulatory Authority (NMRA) to be completely overhauled. Sri Lankan have seen scandals such as the above play out in the public court of opinion before, only to fall apart or disappear down the rabbit hole judicial procedure, which Sri Lankan justice mechanisms are well known to follow. Will we ever see justice in this matter? We will have to wait and see. However, given that the spotlight is indeed on health matters and regulation, with an outcry for reforms and more transparency, the Government ought to use the opportunity to fix other problems in the public health system.    

While there are many issues regarding how medical professionals are treated, by the state and by private hospital administrators, one area that often goes overlooked is the growing concern about medical malpractice. Medical malpractice in Sri Lanka is a touchy topic, no one seems to want to “provoke” the powerful Medical Trade Union. Sri Lanka’s reputation of having one of the best public health systems in the region, if not in the world, would only benefit from a robust counter medical malpractice system and compliance regime being introduced. Such a system should not only shine a light on the practices of doctors, surgeons and specialists, but also of nurses, medical technicians, laboratory specialists, general practitioners, and EMTs. Such regulatory procedures should be overseen by an independent body which is answerable to the medical community and Parliament. Perhaps it’s time to have an Ombudsman’s office on the subject, provided there are the right checks and balances installed. We can all remember recent history, where a surgeon was wrongfully accused and faced a witch hunt. Such politically motivated narratives erode public trust, and should have no place in a democratic society.   

There is also growing concern about how private health institutions practice, especially in an economically challenging environment. The Ministry of Health is now exploring legal action against private health institutions, where medicines and other medical items are being sold at a very high price, thereby violating the Government’s regulations regarding the Maximum Retail Prices (MRPs). Senior government officials told The Daily Morning that the Private Health Services Regulatory Council (PHSRC), which is established under the Ministry of Health, inquired into multiple complaints that they have received, and are taking measures to regulate the private health institutions. They noted that the identified institutions will be prosecuted under the prescribed laws of the country. The Ministry of Health stressed that no institution has the power to sell any kind of medicine or other health-related items exceeding the prices of the relevant government gazette notifications issued by the Ministry. The move follows reports that a leading private hospital in Colombo, which had allegedly billed its patients with exorbitant rates for common drugs that have a MRP, had been summoned by the courts following charges filed by the NMRA. Sri Lanka should use the public interest, pressure and the spotlight which is currently fixated on the public health system to affect broad-ranging reforms, to ensure Sri Lankan and the medical community get a fair outcome for the system. 


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