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Vol 274 No 7336 p170
12 February 2005

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Pharmaceutical regulations to be reviewed by Cabinet Office this year

Legislation affecting pharmacies and pharmaceutical manufacturers is to be reviewed this year by the Cabinet Office Regulatory Impact Unit.

The RIU 2005 scoping report, outlining areas under consideration for review, includes pharmacy contract controls in England, generic substitution, the Drug Tariff and Braille labelling, among matters that might be subject to detailed scrutiny.

Contract controls proposed for England in the wake of the Office of Fair Trading’s call for all restrictions to be scrapped (PJ, 21 August 2004, p245) are to be re-examined because of complaints that the effect of exemptions — particularly those for one-stop health centres and large shopping developments — are likely to be difficult to predict.

Generic medicines concerns

· GP prescribing software can contain information on branded medicines without mentioning generic alternatives; this could push up NHS costs

· Can, or should, more be done to promote use of generics in primary care?

· Should reimbursement prices for generics be fixed by the Drug Tariff?

· Does annual tendering for NHS supply contracts unnecessarily increase business risks for manufacturers or cause problems for short shelf-life products, like vaccines?

Generic substitution and related issues also look likely to be examined because they come up in four of the nine areas proposed for detailed examination (see Panel). Other matters put forward for possible regulatory impact assessment include the EU clinical trials directive, the duration of drug company data exclusivity for licensing purposes and animal testing.

Braille labelling might be examined because EU law requires medicines to be labelled with their names in Braille from 30 October. Companies are concerned that this will be difficult in practice and that there is ambiguity about what is meant by “name”.

Although pharmaceutical regulation will be a main strand of the unit’s work this year, inclusion of any area in the scoping report does not mean that it will necessarily be subject to detailed scrutiny. Similarly, omission does not mean that an area will not be examined. Topics are selected for detailed scrutiny after responses to the scoping report have been gathered and the benefit of, and potential for, change assessed.

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