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Compliance matters!
13/03/2007
Compliance matters!
PSM solves your Code problems |
This months field challenge:
A representative in my team has reported that he is being asked by one of his target GP practices to make a donation to practice funds before he is allowed to make appointments to see the GPs or to book lunchtime meetings. He didnt think this was acceptable but as representatives from other companies are making donations, he is worried that if he doesnt do this as well, he wont meet his targets. DR JOAN BARNARD and IAN HALE respond: First, the facts. The representative is correct in thinking that this is unacceptable. Clause 15.3 of the ABPI Code of Practice states clearly that:
Representatives must not use any inducement to gain an interview.
Representatives must not offer or pay a fee for an interview.
It is further explained that any donation, even if this is in lieu of hospitality, is considered as an inducement and is therefore unacceptable.
The GP practice here is thus asking representatives to breach the Code. Not only that, it is acting contrary to GMC advice and committing a criminal offence, since the Advertising Regulations make it illegal for a prescriber to ask for, or accept, such a donation.
The representative must therefore refuse to make the donation but he (and any other representative in this position) needs the support of you and your company to allow him to do this in a way that does not put him at a disadvantage. You should:
Provide representatives with a company Policy Statement on meetings (including allowable expenditure) and the conduct of HCP calls, so that the company takes responsibility and deflects the challenge away from individual representatives, leaving the relationship with HCPs intact.
Make sure that representatives have appropriate Code training, so that they have the confidence to state what is and what is not acceptable.
Ensure that call targets do not put pressure on representatives to bend the rules, either in terms of frequency of calls or in relation to specific target practices.
At the same time, you need to consider whether there is any possibility that other representatives may be making such donations without your knowledge. Do you have adequate systems in place to prevent this, such as pre-approval of meetings and approval and audit of expenses?
Also, consider whether taking these steps may put your company at a commercial disadvantage and de-motivate your representatives. If so, you can level the playing field by a two-pronged approach:
Companies that are conducting business in this way can be tackled this is best done head office to head office.
Practices can be tackled via the PMCPA, who will write to doctors (without mentioning the name of any company), pointing out that this behaviour is unacceptable. If they do not receive a satisfactory response, details will then be passed to the GMC.
It is in the interests of the reputation both of the industry and of the medical profession to eliminate such behaviour.
| Do you have a management Code challenge? If so, e-mail PSM at chris.ross@healthpublishing.co.uk to receive advice from Joan and Ian. Their unique combination of experience means they are well placed to provide highly realistic advice to companies on Code compliance, based on their conviction that good compliance and good business go hand in hand. |
Joan Barnard has extensive experience of the ABPI Code of Practice. She is the author of The Code in Practice and The Code in the Field, both widely used throughout the industry. Contact: www.codeinpractice.co.uk
Ian Hale has over ten years experience in the industry, including sales, training, management and compliance. He is a qualified lead auditor (BSI standard), and helps many companies to develop effective and efficient internal procedures that meet all the Codes requirements. Contact: www.ibhconsultancy.com.
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PSMG January Meeting |
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The January PSMG meeting at Warren House, Kingston-upon-Thames, was attended by around 50 pharmaceutical sales managers. |
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