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PHAP Code of Pharmaceutical Marketing Practices. Dr. Quintin Kintanar Vice-chairman Dr. Benito Teehankee Member Ethics Committee Pharmaceutical and Healthcare Association of the Philippines (PHAP). CODE OF MKTG ETHICS. PHAP. WHAT IS IT? .
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PHAP Code of PharmaceuticalMarketing Practices Dr. Quintin Kintanar Vice-chairman Dr. Benito Teehankee Member Ethics Committee Pharmaceutical and Healthcare Association of the Philippines (PHAP) CODE OF MKTG ETHICS PHAP
WHAT IS IT? • Also referred to as the ETHICS CODE, it sets the standards for the ethical marketing and promotion of prescription products directed to the healthcare professions.
CORE PRINCIPLES • All educational and promotional activities conducted/supported by pharmaceutical companies should: • Benefit patients • Enhance medical practicethrough accurate information for appropriate use • Preserve the independenceof healthcare professionals
Independence of Healthcare Professionals • Independence means objectivity and impartiality in the exercise of medical judgment. This means the absence of a conflict of interest, whether potential, apparent or actual. • A conflict of interest is any situation in which a healthcare professional is in a position to exploit his/her professional or official capacity in some way for personal benefit. (Adapted from Wikipedia) • Thus, anything that would be of personal benefit to the healthcare professional is not to be offered or given.
Employee/Agentof a Pharma Company HealthcareProfessional Patient Conflict of Interest “A conflict of interest occurs in a situation in which professional judgment regarding a primary interest, such as research, education or patient care, may be unduly influenced by a secondary interest, such as financial [material/personal] gain or personal prestige.” --Adapted from “Conflict of interest in research, education and patient care” by T Lemmens and P A Singer SECONDARY INTEREST: PERSONAL MATERIAL BENEFIT IndependentJudgment Compromised PRIMARY INTEREST: PATIENT CARE
UNETHICAL PRACTICES IN THE MEDICINES CHAINItalics fall under PHAP/Ethics Committee Concerns Collusion R&D and clinical trials Evergreening Bribery Patent Fraud Manufacturing Overinvoicing Cartels Falsification of safety/Efficacy data Registration Counterfeit/substandards Pricing ConfIictofInterest Selection Procurement & Import Unethical donations State/regulatorycapture Unethicalpromotion Distribution Promotion Taxevasion Pressure Inspection Thefts Adapted from WHO
Important Points in R&D • Clinical trial of a new drug by trained clinicians; well-planned and documented • In the Philippines, post-marketing surveillance study: • may be viewed as similar to a clinical trial requiring a research protocol and a reporting form • should be limited to products under BFAD monitored release certificate of product registration • applicable to new products within 3 years of BFAD approval for marketing
TO WHOM DOES THE CODE APPLY? • Mandatory for all PHAP members who are also accountable for the actions of all their agents. • Direct PHAP Member/Indirect Members • Local subsidiaries of IFPMA member companies. • Non-member companies also expected to respect the Code.
OUTLINE OF THE CODE Preamble • Scope, Interpretation, Responsibility and Exclusions • Medical Information and Claims • Product Information • All Promotional/Educational Material • Mailings, faxes, emails, text messages • Competitions and raffles • The use of the Internet for Pharmaceutical Information • Medical representatives • Product samples • Exhibit Booths • Continuing Medical Education Appendix I: Guidelines on communication of prescription products to the general public Appendix II: Post-marketing surveillance Appendix III: Types of breaches and corresponding penalties and fines
SCOPE OF THE CODE • Medical information and claims • Product information • Promotional/educational materials • Medical representatives • Product Samples • Booths
SCOPE OF CODE • Continuing Medical Education (CME) • Relationship Building • Gifts to Healthcare Professionals • Communications with the General Public
CAN PHAP MEMBERS SUBSIDIZE DOCTORS’ EXPENSES FOR CME? • YES, provided:Scientific objectives should be the primary focus of meetings
CAN PHAP MEMBERS SUBSIDIZE DOCTORS’ EXPENSES FOR CME? • Sponsorship not conditional upon any obligation to prescribe or promote any product • Sponsorship limited to economy travel to and from venue. NO SIDE TRIPS. • Company can subsidize meals, registration and accommodation for the duration of CME with maximum additional of 2 days only(EX: if CME runs for 5 nights, company may pay for up to 7 nights). Arrival/departure dates are considered.
CAN PHAP MEMBERS SUBSIDIZE DOCTORS’ EXPENSES FOR CME? • NO CASH ASSISTANCE • Family/spouses not allowed unless medically qualified and practicing in a therapeutic area relevant to the CME • Honoraria/compensation not allowed unless healthcare professional attending as speaker
C M E • OVERSEASMax of 7 doctors per company. More than this no., rationale of overseas vs. in-country meeting becomes questionable. • REGIONAL (ASEAN countries, Hong Kong, Taipei and China)Max of 12 doctors per company • LOCALMust be in appropriate business centers, not resort locations. Participants to pay for registration fees.
RELATIONSHIP BUILDING • Simple/inexpensive business meals/ cocktails • Only before or following scientific meetings/discussion.
RELATIONSHIP BUILDING • No sports activities are allowed. • NOT EVEN in connection with scientific meetings or CME
COMPETITIONS • Must be based on medical knowledge • Prizes must be relevant and specific to the practice of medicine • Prizes offered are to be of low monetary value
RAFFLES / GIFTS • Support of raffles with high value items is inappropriate • Gifts allowed provided- it is less than P1000- it benefits patients- it is specific to the practice of medicine • Cultural gifts (Christmas and other religious holidays) are allowed • Birthday gifts are not allowed
DONATIONS • Donations are to institutions, not individuals • Items must have direct use in medical care and diagnosis (ECG, stethoscopes, x-rays) • Business machines/appliances not allowedfax, pagers, cellphones, furniture, AC)
ETHICS CODE • SUPPORT TO THE ACTIVITIES OF THE HEALTHCARE PROFESSIONALS WILL CONTINUE FOR AS LONG AS IT IS CONSISTENT WITH THE CODE
ADMINISTRATION OF THE CODE • Supervised by theEthics Committee ofPHAP
2007 ETHICS COMMITTEE MEMBERS • REINER W. GLOOR – CHAIRMAN Non-executive Chairman- Zuellig Pharma Vice-Chairman – Zuellig Foundation • DR. QUINTIN KINTANAR – VICE CHAIRMAN Former BFAD Head
MEMBERS • PROF. JACINTO GAVINO • ASIAN INSITUTE OF MGMT • HOLDER OF FR. JAMES • DONELAN, S.J. CHAIR IN • BUSINESS ETHICS • DR. ANTONETTE PALMA-ANGELES • ATENEO DE MANILA UNIVERSITY, VICE PRESIDENT FOR ACADEMICS • ETHICS PROFESSOR • DR. BENITO TEEHANKEE • HOLDER OF SEN. BENIGNO AQUINO, JR CHAIR IN CORPORATE SOCIAL RESPONSIBILITY AND GOVERNANCE • ETHICS ASSOCIATE PROFESSOR DR. GODOFREDA DALMACION • UP – MANILA DEPT. OF CLINICAL EPIDEMIOLOGY MR. PAUL KLEINER • FORMER PRESIDENT OF ZUELLIG PHARMA DR. SANTIAGO GUZMAN • MEDICAL CONSULTANT DR. KENNETH HARTIGAN-GO • EXECUTIVE DIRECTOR ZUELLIG FOUNDATION, INC.
SANCTIONSFOR NON-PHAP MEMBERS FOR VIOLATIONS BROUGHT TO THE ATTENTION OF THE ETHICS COMMITTEE INVOLVING NON-PHAP MEMBERS, THE COMPLAINANT WILL BE ADVISED TO REFER THE MATTER TO BFAD AND/OR APPROPRIATE CONCERNED BODIES
SANCTIONS • 1st Time Violation of a ProvisionWritten commitment to discontinue/ modify practice PLUS P100,000 FINE
SANCTIONS • 2nd Time Violation of Same Provision BFAD, Scrip and Company HQ will be advised of affiliate’s offense PLUS P250,000 FINE
SANCTIONS • Repeated Violation of Same Provision BFAD will be advised. Suspension from PHAP FINE with an amount to be determined by the Ethics Committee BFAD
SANCTIONS • Willful disregard for sanctions imposed Expulsion from PHAP A public announcement will be made in major daily newspapers
TO USE PROFESSIONALISM IN DEALING WITH HEALTHCARE PROFESSIONALS, PUBLIC HEALTH OFFICIALS AND THE GENERAL PUBLIC. WE ARE COMMITTED