Alex White (Dublin South, Labour) | Oireachtas source

I propose to take amendments Nos. 9 and 10 together. Part 4 of the Bill sets out statutory procedures concerning the supply and reimbursement of medicines and other items to patients under the general medical scheme and community drugs schemes. Section 19 of the Bill sets out the action to be taken by the HSE where it makes a relevant decision under section 18 of the Bill, namely, to add or refuse to add an item to the reimbursement list, to remove an item from the list or to retain an item on the list. Section 19(1) provides that, as soon as is practicable but not later than 14 days after making a relevant decision under section 18, the HSE shall give notice in writing of the relevant decision, together with the reasons for it, to the supplier of the item that is the subject of the relevant decision. Section 19(2) provides that where the HSE has used any expert opinion or recommendation in reaching such a decision, it shall attach a copy of all such expert opinions or recommendations to the notice of the decision provided to the supplier under section 19(1).

Deputy Kelleher is proposing to amend section 19(1) to provide that notice of a relevant decision in respect of an application from the supplier of an item which is the subject of the relevant decision be also supplied to prescribers and pharmacists. Deputy Kelleher is further proposing to amend section 19(2) to provide that any expert opinions or recommendations provided to the supplier under this subsection should also be provided to prescribers and pharmacists.

As the purpose of section 19 is to outline the actions to be taken by the HSE in giving notice in writing of a relevant decision under section 18 to the supplier of an item or listed item which is the subject of said decision, I consider that Deputy Billy Kelleher's proposed amendments are not really relevant to section 19. In such circumstances, I do not propose to accept them. I draw the committee's attention to the fact that section 17 which has already been agreed to deals in some detail with the establishment of the reimbursement list which will be available and accessible to prescribers and pharmacists. What we are dealing with in section 19 is a slightly narrower part of the regime where when an application is made by a supplier, there are certain requirements on the HSE to revert, within particular time periods, to that supplier in respect of any decision it makes. I am not sure whether the amendments relate to what is proposed in the section.