As DEMÓCRATA anticipated, the Ministry of Health was accelerating to approve in Council of Ministers before the summer break two important draft laws, the Medicines and the Anti-Tobacco. And indeed, those of Mónica García expect to comply. According to sources consulted by this newspaper, both have recently passed through the General Commission of Secretaries of State and Undersecretaries (CGSEYS) and would be ready to receive the green light, which is expected for this Tuesday.
The Draft Law on Medicines and Health Products, whose draft was exclusively revealed by DEMÓCRATA, introduces a new scheme of dynamic prices, leaving behind the “selected prices” that appeared in previous versions. This mechanism will be particularly aimed at medicines that no longer have commercial protection, such as generics, biosimilars or drugs with years of presence in the market, and seeks to stimulate competition without losing sight of the guarantee of supply.
The regulation also reinforces the concept of rational use of medicines and health products through a much broader approach than the one in force until now. The new wording incorporates a specific chapter within the National Health System and assigns this responsibility not only to health professionals but also to public administrations, patients, and the citizens themselves. In addition, it expressly recognizes the role of existing support structures both in the General Administration of the State and in the autonomous communities to promote a more efficient and safe use of these products.
The reform also introduces a greater flexibility in the groupings of equivalent medicines. Unlike what happened until now, it opens the door for different products of the same category to coexist with different prices. The supply capacity of companies and the prevention of possible supply problems become part of the criteria that will influence the configuration of prices, thus incorporating a strategic variable that until now had much less weight.
In parallel, the text separates more clearly the regulation of medicines and that of sanitary products. Although both continue to be linked to pharmaceutical provision when appropriate, each area will have its own regulatory development. This differentiation seeks to recognize the particularities of sanitary products in issues such as public funding, price review, the organization of groups, or the remuneration of distribution and dispensing channels.
Anti-Tobacco Law
Mónica García's team expects to approve in a second round the Draft Law for the reform of the Law on health measures against tobacco and regulating the sale, supply, consumption, and advertising of tobacco products, which received the first approval last September.
Its purpose is to strengthen the fight against smoking to improve public health, expanding protection in spaces and updating the regulation of tobacco and related products.
Among the most controversial measures, the expansion of smoke-free spaces and the equalization of electronic cigarettes to conventional tobacco stand out, not only to prohibit their consumption in the same places but also to ensure they must comply with the requirements related to marketing and advertising.
From the Anti-Tobacco Law, the expansion of smoke-free spaces and the equalization of electronic cigarettes to conventional tobacco stand out
According to sources consulted by DEMÓCRATA, this proposal generates not only tensions with the usual partners of the investiture bloc but also between PSOE and Sumar. Specifically, there are differences in the ambitious prohibition of advertising, which expressly includes the elimination of commercial communications or promotions in equipment, facilities, and furniture located in public or collective use spaces, which encompasses elements present in bars, nightclubs, terraces, or other leisure establishments. Thus, signs, posters, urban or hospitality furniture that incorporate logos, images, or references to tobacco product brands or related products cannot be used.
Real Possibilities?
The Ministry of Health is one of the departments with the most open initiatives, a overflowing will of optimism that, however, does not translate into news in the BOE. One thing is the governmental processing, where PSOE and Sumar have to come to an agreement (and not always), and another, the parliamentary processing, a path riddled with obstacles due to the lack of stable majority and a legislature that is reaching its final stages.
The Health Commission of Congress has important bills blocked, such as the Cohesion bill, the Universality bill, the Antiprivatization Law, or the Patient Organizations Law. A list that is expected to soon include both the anti-tobacco reform and the Medicines reform.
The problem for the department led by Mónica García is that none of these initiatives have a favorable horizon. The usual partners of the Government are especially wary on health issues due to a matter of competencies, but even counting on them, since the breakup of Junts with PSOE the numbers do not add up. The sum of PSOE (121), Sumar (26), ERC (7), EH Bildu (6), PNV (5) and the members of the Mixed group, Águeda Micó (Compromís), BNG, Coalición Canaria and the four from Podemos, results in a total of 172.