[Ip-health] Updates on sacking of Thai FDA head

[Sarah Rimmington]

Several new articles are below.

Kannikar and others, is it true that Minister Chaiya is going to change
to rules and have Dr. Siriwat continue as the chair of the committee
that negotiates drug prices with pharma per the new Nation article,
below?   Are there any updates since the article was written?

Have there been any other important developments?

1.  FDA head challenges minister, The Nation (Bangkok), Feb. 28, 2008
2. Ex-FDA boss may petition court over his abrupt transfer, Bangkok
Post, Feb. 28, 2008
3. Editorial: Concern over change at FDA, Bangkok post, Feb. 28, 2008
4. Doctors, patients to petition King over controversial transfer
BANGKOK, Feb 27 (TNA)
5. Siriwat not sacked from negotiating on drugs: Chaiya, The Nation
(Bangkok), Feb. 29, 2008

1. http://nationmultimedia.com/2008/02/28/headlines/headlines_30066711.php
FDA head challenges minister
Siriwat says he was moved for licensing drugs

Published on February 28, 2008


Sidelined Food and Drug Administration (FDA) chief Dr Siriwat
Thiptharadol will fight what he called his unfair transfer to an
inactive post in the Health Ministry.

Yesterday he remained "puzzled" at his ouster, saying he had carried out
all tasks assigned to him. He believed he was pushed out because of his
support for the compulsory licensing of expensive, life-saving drugs.

Siriwat described as "unfair" the order of Public Health Minister Chaiya
Sasomsap to transfer him out of the FDA.

Siriwat worked on the previous government's policy of imposing
compulsory licensing on expensive HIV/Aids, cancer and heart treatments.
The policy allowed poor patients access to essential drugs at much
cheaper prices.

Siriwat will appeal the transfer to the Civil Service Commission. He is
considering taking the matter to the Administrative Court.

"I don't know if the reason for my transfer is related to the imposition
of compulsory licensing. The only thing I know is I had submitted all
information about compulsory licensing and drug-price negotiations with
manufacturers to the minister earlier this month. I sent a memorandum to
the minister asking for the time to explain it to him personally.

He never called me," Siriwat said.

Dr Prawase Wasi, a senior medical professional, sup-ported Siriwat and
vouched for him personally. "I have known Dr Siriwat since he was a
medical student. I can guarantee he is good, and has devoted his time
for the sake of the public. Don't ask me about the minister. I don't
know him. It is a responsibility of the news media to find out if he did
this in the public interest," Prawase said.

He encouraged Siriwat to fight the transfer.

Representatives of organisations including the Rural Doctors Club,
HIV/Aids groups and the Consumer Foundation yesterday rallied behind
Siriwat.

They laid a funeral wreath of artificial, or jan, flowers at the
ministry, along with placards attacking the minister for his action.

One of Chaiya's first acts as minister was a promise to review
compulsory licensing implemented by previous minister Dr Mongkol na
Songkhla.

He said the past government was aware the move hurt trade with the
United States. On his second day in office Chaiya told HIV/Aids patients
to eat jan flowers if they could not get access to treatment.

The Cabinet on Tuesday approved Chaiya's transfer of Siriwat. The former
FDA boss is now an inspector-general, an inactive posting. Chaiya gave
no reason for the transfer at that time.

He has since said the move was a result of Siriwat's failure to respond
to verbal requests to check contamination of energy drinks and imported
pig intestines.

Health and social activists now fear other "good" health officials, such
as Government Pharmaceutical Organisation chairman Vichai Chokewiwat and
director Dr Withit Attha-chekul, are next for the chop.



2. http://www.bangkokpost.com/News/28Feb2008_news02.php
Ex-FDA boss may petition court over his abrupt transfer

APIRADEE TREERUTKUARKUL

Former secretary-general of the Food and Drug Administration (FDA)
Siriwat Tiptaradol is considering petitioning the Administrative Court
and the Office of the Civil Service Commission over his sudden transfer
to an inactive post.

Dr Siriwat said the reasons given by Public Health Minister Chaiya
Sasomsub were vague.

He was consulting his senior colleagues about seeking justice.

''I am still stunned by this sudden move. What is the real reason behind
this so-called appropriate reshuffle, as claimed by the minister?'' he
said, his voice trembling, during a press conference yesterday.

Dr Siriwat was made a ministry inspector and his position at the FDA was
given to Chatree Banchuen, director-general of the Medical Services
Department. Ministry inspector Raywat Visruthvej replaces Dr Chatree at
the department.

Mr Chaiya on Tuesday indicated he was removing Dr Siriwat because of
delays in the FDA inquiries into coffee drinks with caffeine content
beyond the legal limit, contaminated home-brewed liquor and unhygienic
imported pork offal.

The sacked FDA chief argued that he had immediately looked into each
issue as soon as the minister assigned him the task. The Medical
Sciences Department was in the process of sending him the lab results.

He declined to say if he thought the issue of compulsory licensing of
patented drugs, initiated by former minister Mongkol na Songkhla, or
abuse of authority were the main reasons for his sudden transfer.

Dr Mongkol approved compulsory licensing for Docetaxel, a chemotherapy
drug given as a treatment for some types of cancer, the lung cancer drug
Erlotinib, the breast cancer drug Letrozole and Imatinib, a drug used in
the treatment of leukaemia and gastro-intestinal stromal tumours.

The FDA has approved generic versions of Docetaxel, but Erlotinib and
Letrozole are still being tested.

Dr Siriwat also chairs the panel responsible for price negotiations with
drug firms. He said he would have to review the earlier order by Dr
Mongkol to see if he still held the job.

The new minister did have the authority to appoint a new chairman of the
price-negotiation panel, he said.

He believed policymakers and other agencies would be lobbied hard to
cancel the licensing of the four cancer drugs.


3. http://www.bangkokpost.com/280208_News/28Feb2008_news17.php

EDITORIAL

Concern over change at FDA

The abrupt transfer of Sunai Manomai-udom, head of the Department of
Special Investigation, by Justice Minister Sompong Amornwiwat was widely
viewed by critics as a likely attempt to whitewash criminal charges
pending against ousted prime minister Thaksin Shinawatra and his family.

Similarly, the recent removal of Siriwat Tiptaradol as head of the Food
and Drug Administration is no less controversial. Health activists and
patient networks are suspicious that Dr Siriwat's surprise transfer may
have something to do with his staunch advocacy and support for
compulsory licensing of certain patented drugs.

Justice Minister Sompong could not provide an acceptable explanation to
justify Mr Sunai's removal. Similarly, Public Health Minister Chaiya
Sasomsab has been unable to convince people that the FDA chief's
transfer was justified and completely devoid of ulterior motives. Apart
from the official reason - "for the sake of suitability" - Mr Chaiya
said the transfer was meant to improve the working of the ministry and
that he had no personal grudge against the victim. The minister also
hinted that the transfer was linked to the FDA's delayed inquiries into
illegal energy drinks and imports of unhygienic pork meat.

There are grounds to suspect that Dr Siriwat's removal may be linked to
the FDA's stance on CL. Shortly after his appointment as public health
minister, Mr Chaiya sparked an uproar when he announced he would review
the CL on patented heart diseases and cancer drugs, claiming compulsory
licensing might hurt Thai-US trade relations.

Fortunately the matter did not get blown out of proportion thanks to the
intervention of Prime Minister Samak Sundaravej, who said the matter had
to be looked into by the public health, commerce and foreign affairs
ministries.

If Dr Siriwat's transfer smells fishy, the appointment of his
replacement, Chatree Banchuen, director-general of the Medical Services
Department, has raised eyebrows even higher. The latter was under
investigation for alleged malfeasance in connection with the
900-million-baht computer procurement project endorsed by former public
health minister Sudarat Keyuraphan. Although Dr Chatree has not been
found guilty, the fact that he has been under investigation for alleged
corruption raises a big question mark about his suitability to head the
powerful FDA.

Former public health minister Mongkol Na Songkhla enforced compulsory
licensing on three patented cancer drugs, Docetaxel by Sanofi-Aventis,
Erlotinib by Roche and Lectrozole by Novartis. A deal was struck with
Novartis on Imatinib, another cancer drug, after the manufacturer agreed
to provide the drug free of charge to 900 cancer patients. The
unilateral CL implementation is fully justified and legitimate under
provisions of the Trade-related Aspects of Intellectual Property Rights
(Trips).

Compulsory licensing of the cancer and heart disease drugs has made it
possible for tens of thousands of patients to gain access to the
life-saving drugs. With the proven benefits for patients in Thailand of
CL implementation - which has also led to substantial price cuts for
several key medicines by brand-name drug companies on a worldwide basis
- it is questionable whether Minister Chaiya has the public's interest
at heart when he says he wants to have the CL reviewed, especially when
the parties crying the loudest against the imposition of CL are foreign
pharmaceutical producers and their Washington lobbyists. Moreover, the
minister's view has prompted India-based Cadila health care to delay the
supply of generic heart disease drug Clopidogrel (brand name Plavix) to
Thailand, due to confusion over CL policy.

All cabinet ministers, Minister Chaiya included, must be well aware that
their foremost priority is to serve the people, for the good of the
people. Unilateral lifting of the CL on life-saving patented drugs just
because it was enforced by the previous government, or to appease giant
drug companies, is by no means protecting that vital public interest.



4.  http://enews.mcot.net/view.php?id=3022

Doctors, patients to petition King over controversial transfer BANGKOK,
Feb 27 (TNA)

A rural doctors group and a network of terminal hospital patients
planned to lodge an appeal to His Majesty the King against the
controversial transfer of Food and Drug Administration chief Dr. Siriwat
Thiptharadol believed to have been caused by his handling of matters
involving compulsory licensing.

The Rural Doctors Society, endorsed by groups of chronic patients was
protesting the transfer of the FDA chief by Public Health Minister
Chaiya Sasomsap whom the protesters planned to meet at his office
Friday, according to Dr. Kriangsak Watcharanukulkiat, leader of the
physicians group.

Dr. Kriangsak said Dr. Siriwat was unfairly replaced as FDA chief by
former Medical Department chief Chatree Banchuen, who had been earlier
alleged of corrupt involvement in a Bt900 million computer procurement
scandal.

As part of a concerted protest against Mr. Chaiya, some public health
officials will deliberately resort to "social sanctions" as an immediate
protest measure in the form of refusing to greet and welcome Mr. Chiya
as minister, according to Dr. Kriangsak.

He said any obstruction to Dr. Siriwat's handling of the compulsory
licensing will only deny the government's health care projects for all
people.

Saree Ongsomwang, leader of the Foundation for Consumers, offered to
provide legal help for Dr. Siriwat if he decided to fight for justice at
the Administrative Court.

But Mr. Chaiya said the transfer of Dr. Siriwat had not involved
compulsory licensing and that the former FDA chief was by no means being
demoted, though he was transferred to an inactive post. (TNA)-E008

 General News : Last Update : 19:11:18 27 February 2008 (GMT+7:00

5. http://nationmultimedia.com/2008/02/29/national/national_30066811.php

Siriwat not sacked from negotiating on drugs: Chaiya
Former Food and Drug Administration (FDA) chief Dr Siriwat Thiptharadol
will not be removed as chairperson of the negotiation committee for
compulsory licensing of patented drugs, Public Health Minister, Chaiya
Sasomsab said yesterday.

Published on February 29, 2008

" I did not say that I would withdraw the compulsory licensing for
cancer drugs. I told Dr Siriwat he has to continue his mission as chief
of the committee to negotiate with the drug firms for price reductions,"
he said.

The Cabinet on Tuesday approved Chaiya's transfer of Siriwat. The former
FDA boss is now an inspector general with the health ministry, an
inactive posting.

Chaiya said the reason Siriwat was transferred was his failure to
respond to a verbal request to check contamination of energy drinks and
imported pig intestines.

"Siriwat still is a key man to negotiate with the pharmaceutical
companies to reduce the price of drugs, particularly those that will
have compulsory licensing imposed on them, even if he has been moved to
the position of inspector general," he said.

Siriwat worked on the previous government's policy of imposing
compulsory licensing on expensive HIV/Aids, cancer and heart treatments.

The policy allowed poor patients access to essential drugs at much
cheaper prices.

But, according to the ministerial protocol, the chairperson of the
negotiation committee for price reduction of patented drugs must be the
Food and Drug Administration's general-secretary.

Chaiya said he would revise the ministerial protocol and issue the new
official order for Siriwat to continue his position as a chairperson of
this committee.

He did not oppose Siriwat's appeal for his unfair transfer to the Civil
Service Commission and the Administrative Court because Siriwat has the
right to do so.

Siriwat said he still has not received the official letter from the
Health Minister assigning him to continue his mission as the chairperson
of the negotiation committee.

However, two other senior health officials, the Government
Pharmaceutical Organisation (GPO) chairman Vichai Chokewiwat and
director Dr Withit Atthachekul, are expected to be transferred.

Chaiya said he would not remove Withit as the GPO director but that
Vichai might be replaced as the agency's board chairman, saying it was a
tradition for GPO board members to resign when a new health minister
assumed office.

Meanwhile, Vichai said he would not resign from his position because the
Government Pharmaceutical Organisation Act states that the term of GPO
board members, including the chairperson, is for five years.

Pongphon Sarnsamak


--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: (202) 387-8030
Cell: (202) 422-2687
www.essentialaction.org/access/