BMJ 2014;349:g7849 doi: 10.1136/bmj.
g7849 (Published 30 December 2014)
News
Drug industry “freebies” and sponsorship will be
banned in India from January 2015
Rupali Mukherjee
New Delhi
After years of efforts to end unhealthy relations between doctors
and the drug industry the Indian government has issued a code
of conduct for drug companies.
The Uniform Code of Pharmaceutical Marketing Practices bans
drug companies from giving doctors “freebies” and lavish gifts,
cruise tickets to exotic locations, paid vacations, or sponsorships
to educational conferences and seminars. The code takes effect
in January 2015.
In a communication to drug industry associations on 12
December the Department of Pharmaceuticals said that the code,
which was prepared after consultation with stakeholders, was
voluntary and would be reviewed after six months. However,
if the code is not implemented “effectively” the government
said that it may consider making it mandatory.
At present the drug industry follows a “self regulatory” code
that bans personal gifts, all expenses paid junkets for doctors
and their families, and other unethical sales promotions. But it
has not been effective in curbing these practices.
Globally, the relation between healthcare practitioners and drug
companies is regulated, and many countries are implementing
legislation to monitor fraudulent payments, such as the United
States’ Physician Payments Sunshine Act.
The Indian government first tried to impose the code after certain
cases were highlighted in the media in 2008-09, but bureaucratic
red tape and opposition by a section of the industry meant that
it was never fully implemented.
Daara Patel, secretary general of the Indian Drug Manufacturers’
Association, described the latest code as “very strict.” He said
he believed that “knowledge-centric and scientific trips” for
doctors should be allowed, to help educate them about drugs.
The new code stipulates that, in the case of a complaint, the
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particular industry association will take action against the errant
company.
It bans gifts, cash, and monetary grants for individual purposes
and says that “no gifts, pecuniary advantages, or benefits in kind
may be supplied, offered or promised to persons qualified to
prescribe or supply drugs, by a pharmaceutical company, or any
of its agents including retailers, distributors or wholesalers,”
and that “in any seminar, conference or meeting organised by
a pharma company for promoting a drug or disseminating
information, if a medical practitioner participates as a delegate,
it will be on his/her own cost.”
It also says that gifts for the personal benefit of healthcare
professionals and family members, such as tickets to
entertainment events, should not be offered and that hospitality
should not be extended to doctors or their family members.
Funding for medical research can be extended only through
approved institutions and in a transparent manner.
Commenting on the code C M Gulhati, editor of India’s Monthly
Index of Medical Specialities, said, “The uniform code on
pharmaceutical promotion can, at the most, be a supplementary
effort. There are serious doubts on its implementation even if
it is made mandatory.
“The Medical Council of India guidelines, backed by the income
tax notification of 1 August 2012 that covers both doctors and
drug industry, will be more effective in attempting to end the
pharma-doctor nexus, if implemented, both in letter and spirit.”
Rupali Mukherjee is senior assistant editor at the Times of India.
Cite this as: BMJ 2014;349:g7849
© BMJ Publishing Group Ltd 2014
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