The Department of Pharmaceuticals seems to have abandoned its initiative to evolve a mechanism for discouraging the drug companies from bribing doctors for prescriptions. After convening some meetings last year in the wake of growing public outcry against this unethical marketing practice of pharma companies, the officials in the Department has now become virtually inactive. The DoP had last year asked the industry to evolve a common code of ethics for all pharmaceutical units as existing codes do not cover members of all the pharma industry associations. The OPPI was asked to take lead in this matter and compile a marketing code in consultation with all major industry associations. There were sharp differences amongst the industry associations over the proposed common marketing code. While the industry associations representing big and medium pharma companies wanted a uniform code of marketing practices but not binding on the industry, the associations representing 5000 small companies were in favour of a uniform code which should be legally binding on the companies. The stand of smaller pharma companies was based on the belief that only a legal document can ensure compliance of the code and any violation can invite punishments both in terms of money and jail term.
Subsequently, Medical Council of India, the regulatory body for the conduct of the medical profession, has been making some efforts to curb the practice amongst the doctors. It had come out with a code of ethics for doctors prohibiting them from receiving gifts, travel facilities, hospitality, monetary grants, endorsements, etc. As per this code, medical practitioners are prohibited from receiving favours from pharma or healthcare companies under any pretext. MCI has the powers to regulate the practice of medical professionals and take action against them. But, MCI has not been able to bring any discipline amongst the medical practitioners as yet. Now, the question is how effectively the MCI will be able to monitor the conduct of lakhs of doctors spread across the country. The practice of bribing doctors by pharmaceutical companies for generating prescriptions has been part of their marketing strategy for many years but has not been causing any serious concern. It has now grown to a major public health issue with the increased competition amongst the pharma companies to capture the market share. It is believed that a major part of the cost of prescription drugs is due to loading of promotional expenditure on their prices. Today, more than 80 per cent of the drugs marketed in the country are outside the purview of the DPCO as several new drugs have been allowed to be marketed in the country after the DPCO,1995. Considering this, DoP should not have given up its initiative to check this unethical practice just because there is non cooperation from some industry bodies. Such a stand from a section of the industry should be expected. Even now, DoP should take up the matter and make a serious attempt to implement the marketing code with the support of MCI.