I agree that it is incredibly important to ensure that patients have access to the latest and best drugs as part of their care and treatment.
Off-label drugs, which are drugs that are used for a purpose other than that they are specifically licenced for, can already be prescribed where there is robust evidence to support their use. Off-patent drugs, which are drugs whose patent has expired and so other manufacturers may have made generic or non-branded versions of the drug, are also widely used in the NHS at present. Legislation is not required to make this happen.
I believe that existing legislation gives the NHS the flexibility to respond to the individual clinical needs of patients whilst also taking on board the latest research findings. Prescribing decisions should be a matter for doctors in discussion with their patients and guidance on this is available from a number of healthcare organisations. The Government has also established the Accelerated Access Review which aims to develop ways to develop ways to speed up access to innovative drugs, devices and diagnostics for NHS patients in a cost-effective way.
There are systems in place to ensure that the NHS obtains the best value in purchasing medicines. I know that the NHS tries to derive benefits from drugs coming off patent by ensuring that there is not excessive profiteering in the sector.