Therapeutic Products Bill - Amendment paper No 382
Therapeutic Products Bill - Amendment paper No 382
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Therapeutic Products Bill - Amendment paper No 382
No 382
House of Representatives
Supplementary Order Paper
Tuesday, 18 July 2023
Therapeutic Products Bill
Proposed amendment
Brooke van Velden, in Committee, to move the following amendment:
Clause 65
Replace clause 65(2) and (3) (page 59, lines 7 to 24) with:
(2)
The special-case requirement is met if the health practitioner or veterinarian, exercising their professional judgment, is satisfied that there is no medicine or medical device with a standard authorisation or provisional authorisation that—
(a)
is suitable to meet the clinical needs of the patient (whether as an authorised indication or an off-label use); and
(b)
is immediately available or could be obtained within a reasonable period; and
(c)
is reasonably affordable to the patient or their whānau.
Explanatory note
This Supplementary Order Paper amends the Therapeutic Products Bill by effectively deleting clause 65(2)(b) and (3). Clause 65(2)(b) currently adds an additional and imprecise requirement of “appropriateness” that risks adversely interfering with the exercise of professional judgement and, accordingly, patient treatment and outcomes. Under clause 65(3), the health practitioner or veterinarian must also have regard to regulations about how affordability and appropriateness are to be assessed. However, regulation-setting criteria for the determination of “appropriateness” is liable to unduly interfere with the critical role of health practitioners and is contrary to the stated allowance for the exercise of professional judgement by a health practitioner. Similarly, it is not the place of the Regulator to determine how affordability should be determined in such a context. The role of the Regulator is to determine the safety, efficacy or performance, and quality of therapeutic products. Clause 65(2) and (3) should therefore be deleted.
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Therapeutic Products Bill - Amendment paper No 382
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