Patients with terminal cancer will be presenting to the health select committee at Parliament today, in opposition to three grounds of the Therapeutic Products Bill.
The bill, which aims to modernise New Zealand’s medical practices, has proven to be controversial, with patient advocates saying it will make access to unfunded medicines and clinical trials difficult. They also say it will censor the media, patients and advocates.
One of the presenters, Malcolm Mulholland, a patient advocate, told Breakfast the bill will force patients to choose between dying or becoming criminals.
While he agrees the bill is needed, he said the three grounds he’s protesting will create barriers to unfunded medicine, which patients receive through the mail.
“In our experience, we know that there are a particular number of cancer patients who are importing their drugs by mail - these are prescription drugs, by the way,” he said.
“This is facilitated by a medical specialist, and also within our communities, they’re all aware where they can go to source their medication overseas from reputable wholesalers.”
He said patients buy drugs from overseas because they need aren't available in New Zealand. Under the new legislation, they won’t be able to do this and will be forced to travel overseas to get the medicine they need.
“If they are to import drugs by mail, again, that is not permitted.
“It means they’ll have to jump on a plane and effectively be a drug mule,” he said.
Mulholland is also concerned that conversations around unfunded medicines will cease to exist as talking about it publicly is deemed to be communication under the advertisement clause of the new bill.
He said that simple things, like starting a Givealittle page, would become illegal should the bill pass.
“We have already had a number of patients reach out saying they’ve sought legal advice, and the advice remains the same - if they were to start, for example, a Givealittle, that can be deemed a communication under the advertisement clause, and that is not permitted.
He said that if patients were forced to choose between jail and dying, they would happily become criminals.
“Most of the patients I’ve spoken to have said if it’s between dying and being made a criminal, ‘I know which one I’ll choose, I will be made a criminal’,” he said.
“It’s because their lives depend on it,” he said.
He wants Parliament to reassess the bill and talk to affected communities before making any amendments. He thinks the Government have overstretched itself and needs to listen to advice.
“The status quo in those particular instincts I’ve spoken about actually works really well; I think it's a bit of an overreach of a problem they think exists that we actually know doesn’t.
“That problem does not exist through the Ministry of Health, and we would know about it if it did.”
Prime Minister Chris Hipkins responded to Mulholland on Breakfast, saying he believes there has been some misunderstanding around the bill.
He said the select committee should iron out any issues with the legislation.
He said there will be a distinction between a medicine that has been funded and medicines that have been approved.
“Let's be clear; the bill does make a distinction between medicines that have been funded and medicines that have been approved. Medicines people can still access medicines that have been approved but aren't necessarily funded by Pharmac.
“So I think there is there has been some misunderstanding around there,” he said.
He told Breakfast the select committee process should iron out any major issues that people have with the bill.
“These are the very issues that a select committee process is designed to tease out and to make clarifications to.
“That committee is engaged in that process. And I think it's important that we let them continue to do that,” he said.
The bill has also come under scrutiny from vitamin manufacturers, boutique producers and Rongoā Māori, who fear added red tape will stifle their industry.
Two cancer patients will be presenting their cases alongside Mulholland at Parliament today.
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