Even after more than five years since it first issued the draft Uniform Code of Pharmaceuticals Marketing Practices (UCPMP), the Department of Pharmaceuticals (DoP) could not make the UCPMP compulsory for pharma companies in the country as the department has once again extended the voluntary implementation of UCPMP by pharma companies, this time till further orders.
In order to arrest the unethical marketing practice of bribing doctors by the pharma companies for prescribing their drugs, the DoP way back in June 2011 had issued the draft UCPMP, inviting feedback from the stakeholders before making it a statutory code.
After several years of dilly-dallying on the issue, the DoP ultimately in November 2014 issued the UCPMP which should be voluntarily adopted and complied with by the pharma industry for a period of six months with effect from January 1, 2015 and it would be reviewed thereafter on the basis of the inputs received by the department.
Even though since then it engaged in discussions with the stakeholders to make UCPMP compulsory for pharma companies in the country, the DoP could not finalise the document forcing it to extend the voluntary implementation by pharma companies several times. At last, the department has now extended it till further orders.
As per the UCPMP, 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 i.e. distributors, wholesalers, retailers, etc. Gifts for the personal benefit of healthcare professionals and family members (both immediate and extended) (such as tickets to entertainment events) also are not be offered or provided.
The document further says that companies or their associations/representatives or any person acting on their behalf shall not extend any travel facility inside the country or outside, including rail, air, ship, cruise tickets, paid vacations, etc., to healthcare professionals and their family members for vacation or for attending conference, seminars, workshops, CME programme etc. as a delegate.
Besides, companies should not extend any hospitality like hotel accommodation to healthcare practitioners and their family members under any pretext. Companies should not pay any cash or monetary grants to any healthcare professional for individual purpose in individual capacity under any pretext. Funding for medical research, study etc, can only be extended through approved institutions by modalities laid down by law/rules/guidelines adopted by such approved institutions, in a transparent manner.
As per the new UCPMP, free samples of drugs shall not be supplied to any person who is not qualified to prescribe such product. Where samples of products are distributed by a medical representative, the sample must be handed directly to a person qualified to prescribe such product or to a person authorised to receive the sample on their behalf.