The High Court has granted doctors and health groups leave to initiate judicial review proceedings to quash the government’s decision requiring clinics to display drug prices at their premises.
Justice Alice Loke granted leave after hearing submissions from the applicants’ lawyers, Gurdial Singh Nijar and K Shanmuga.
Senior federal counsel Liew Horng Bin represented the government.
In July, seven health groups and a general practitioner filed for judicial review regarding the mandatory drug price displays at private healthcare facilities.
A group of private medical practitioners representing doctors around the Klang Valley and a clinic also filed for a similar judicial review.
The applicants want the rule to be nullified and its enforcement stayed by the court pending the disposal of their judicial review application.
They claim that the rule, under Section 10 of the Price Control and Anti-Profiteering Act (Act 723), was gazetted in excess of the authority of the domestic trade and cost of living minister.
They contend that Section 10 of the Act cannot apply to drugs administered by health practitioners, which is provided for by Section 19 of the Poisons Act 1952 (Act 366), health news portal CodeBlue reported.
They also argue that clinics operated by registered health practitioners cannot be considered to be supplying “goods and services” under Section 10 of Act 723.
Medicine price displays at clinics have been mandatory since May 1, although a grace period of three months had been in place before compound notices are issued.
Under the policy, private healthcare providers are required to clearly display the prices of prescription and over-the-counter medicines, traditional products, and supplements.
Health minister Dzulkefly Ahmad had told the court the rule mandating the display of drug prices would be fully enforced beginning January 2026.
