Pharmaceutical Industry Sets New Guidelines for Marketing to Physicians
The Pharmaceutical Research and Manufacturers of America (PhRMA) has developed a set of guidelines for how drug company sales representatives should interact with physicians and other health care professionals. PhRMA, the largest member organization of the country's leading research-based pharmaceutical and biotechnology companies, has strongly encouraged its members to adopt procedures to ensure adherence to the voluntary code, which took effect on July 1.
The preamble to the nine-page PhRMA "Code on Interactions With Healthcare Professionals" describes the pharmaceutical industry's concerns that such interactions not be perceived as inappropriate by patients or the public. It further states that the code "is based on the principle that a health care professional's care of patients should be based, and should be perceived as being based, solely on each patient's medical needs and the health care professional's medical knowledge and experience."
The guidelines permit industry representatives and others speaking on behalf of a company to engage in informational presentations and discussions that provide scientific and educational benefits. The code states that meals may be offered in connection with such presentations as long as they are "modest as judged by local standards" and "occur in a venue and manner conducive to informational communication." The code specifically cites as inappropriate "dash and dine" programs—in which meals are consumed without a company representative being present.
In addition, the code stipulates that no entertainment or recreation, such as tickets to sporting events, should be provided in association with informational presentations and that the inclusion of a health care professional's spouse or other guests is inappropriate. The code states that "token consulting or advisory arrangements" should not be used to justify compensating health care professionals for their time or for their travel, lodging, and other out-of-pocket expenses.
According to the code, items primarily for the benefit of patients may be offered to health care professionals if their cost is $100 or less. "For example," the code states, "an anatomical model for use in an examination room primarily involves a patient benefit, whereas a VCR or CD player does not." The code permits distribution of items of minimal value, such as pens, notepads, and similar "reminder" items with the company name or logo, as long as they are primarily associated with a health care professional's practice.
The code states that payments in cash or equivalents, such as gift certificates, should not be offered to health care professionals either directly or indirectly except as payment to bona fide consultants. Six criteria are set forth that define a bona fide consulting arrangement. For example, a consultant should have a written contract specifying the nature of the services, and a legitimate need for the services should be documented in advance. The code also states that the number of health care professionals retained as consultants should not be greater than the number reasonably necessary to achieve the identified purpose of the consulting arrangement.
The code also provides that no grants, scholarships, subsidies, support, consulting contracts, or educational or practice-related items should be provided or offered to a health care professional in exchange for prescribing products or for a commitment to continue prescribing products. "Nothing should be offered or provided in a manner or on conditions that would interfere with the independence of a health care professional's prescribing practices," the code states. Guidelines are also set forth for continuing medical education and other third-party scientific and educational conferences, speaker training meetings, and scholarships and educational funds.
The final section of the code lists ten frequently asked questions. One question, for example, is whether golf balls and sports bags may be provided if they bear a company or product name. The answer: "No. Golf bags and sports bags, even if of minimal value, do not primarily entail a benefit to patients and are not primarily associated with the health care professional's practice, even if they bear the name of a company or product." However, other questions about whether certain activities that involve company-sponsored meetings in resort locations comply with the code are more complex and highlight areas that may allow some companies to abide by the letter but not the spirit of the code.
The code and background information are available at http://www.phrma.org/.
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