Boo, who operates a clinic in Johor, said many of his colleagues have reported that their establishments have been “raided” by enforcement officers from the National Pharmaceutical Regulatory Agency (NPRA) and the domestic trade and cost of living ministry.

He insisted that the Price Control (Price Marking for Drugs) Order 2025 requiring clinics to display prices of medication, which came into effect in May, was unlawful.

He pointed out that prescription medication is considered a strictly controlled pharmaceutical item under the Poison Act, while its sale is licensed under the Sales of Drugs Act.

“Both come under the jurisdiction of the health ministry, rendering the price control order, which was issued under the Consumer Protection Act and Price Control and Anti-Profiteering Act 2011, ultra vires,” he added.

“(Therefore) the domestic trade ministry does not have any jurisdiction when it comes to the Poison Act and the Sales of Drugs Act. Doctors have the right to refuse entry to their officers on the basis that the said order is unlawful.

“And I have written to the NPRA to tell them that their actions were unlawful,” he told FMT.

Private practitioners had earlier demanded that they be removed from the purview of the Price Control and Anti-Profiteering Act.

But, two months ago, domestic trade and cost of living minister Armizan Mohd Ali defended the ruling on the grounds that the Act did not stipulate that it was only for certain categories of goods.

Armizan said the minister is empowered to determine regulations on labelling and price tags for any goods sold under Section 10 of the Act.

He also pointed out that this was not the first time that the display of price tags was enforced in the healthcare sector, noting that it had been done for vaccines, face masks, and rapid antigen test kits during the Covid-19 pandemic.

However, Boo said the law was also wrongfully applied during the pandemic.

“But it did not arouse any attention because it was under the emergency rule and associated with extraordinary circumstances when Parliament was suspended,” he said, adding that vaccines were distributed through government appointed agencies and private clinics and many masks sold were not officially medical graded.

Boo said that private practitioners have no problems with protecting the rights of patients, but it had to be done in accordance with the law.