Gifts and inducements
Pharmacists are advised that there are legal restrictions on the activities
that pharmaceutical companies can undertake to promote medicines. These
restrictions are set out in the Medicines (Advertising) Regulations
1994 as amended. There are also legal restrictions on what health professionals
can ask for or accept.
A pharmacist who accepts inappropriate or expensive gifts may be considered
to be in breach of the Medicines (Advertising) Regulations 1994. In addition,
the Society’s revised Code of Ethics, due to be implemented on
1 August 2007, states that pharmacists must not ask for or accept any
gift, financial reward or inducement that may affect, or be perceived
to affect, their professional judgement.
Pharmaceutical companies can only offer gifts which are inexpensive and
relevant to the practice of medicine or pharmacy. Examples include stationery
items (pens, Post-it notes, etc), relevant books or software and clinical
items (peak flow meters or tissues). Items for personal benefit are prohibited.
Pharmaceutical companies can provide medical and educational goods and
services that enhance patient care or benefit the NHS and maintain patient
care as long as the arrangements are not an inducement to prescribe,
supply, administer, recommend, buy or sell any medicine.
Companies holding or sponsoring scientific meetings may offer appropriate
hospitality to health professionals. However, the hospitality offered
must not be excessive and must be limited to what is required to support
the main purpose of the meeting and can only be provided for professional
attenders. An example of inappropriate hospitality is where this is extended
to a spouse or partner who does not qualify to attend in their own right.
It should be the educational programme that attracts delegates, not the
hospitality or venue.
The Association of the British Pharmaceutical Industry Code of Practice
for the Pharmaceutical Industry sets out standards for all aspects of
the promotion of medicines to health professionals for prescribing. The
code also covers some non-promotional activities. The advertising and
promotion of non-prescription medicines is regulated by the Proprietary
Association of Great Britain through its Medicines Advertising Codes.
The PAGB Consumer Code covers advertising and promotional activities
aimed at the public while the PAGB Professional Code applies to advertising
aimed at persons qualified to prescribe or supply, and administrative
staff, where the objective of the advertising is to impact sales and/or
recommendations to the public. All the self-regulatory codes reflect,
and extend beyond, UK law, which is enforced by the Medicines and Healthcare
products Regulatory Agency.
Queries, concerns or complaints should be raised directly with the appropriate
industry self-regulatory body — the Prescription Medicines Code
of Practice Authority (tel 020 7930 9677; website)
or for over-the-counter medicines the PAGB (tel 020 7242 8331; e-mail
info@pagb.co.uk).
The legal requirements are enforced by the Medicines and Healthcare products
Regulatory Agency (020 7084 2000; website).
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