Aiming to arrest the unethical marketing practice of bribing doctors by the pharma companies for prescribing their drugs, the Department of Pharmaceuticals (DoP) has issued a Uniform Code of Pharmaceuticals Marketing Practices (UCPMP).

Initially a voluntary code, its implementation will be reviewed by the government after a period of six months from the date of its coming into force and if it is found that it has not been implemented effectively by the pharma associations and companies, the government would consider making it a statutory code.

As per the new code, no gifts, pecuniary advantages or benefits in kind may be supplied, offered or promised to persons qualified to prescribe or supply by a pharmaceutical company. Gifts for the personal benefit of healthcare professionals (such as tickets to entertainment events) also not be offered or provided.

On the controversial issue of hospitality, sponsorship and meetings by pharma companies to doctors, the code says, “companies may legitimately provide assistance that is directly related to the bona fide continuing education of the healthcare professionals and which genuinely facilitates attendance of the healthcare professional for the duration of the educational aspect of the event held in India. Such support and assistance must however, always be such as to leave healthcare professionals’ independence of judgment.”

Where appropriate and depending on the time, location and length of the meeting, support to healthcare professionals may cover actual travel expenses, meals, refreshments, accommodation and registration fees. The events have to be organized in India only and all expenses mentioned above, must be incurred only for the events held in India. Companies must not organise meetings to coincide with sporting, entertainment or other leisure events or activities. Venues that are renowned for their entertainment or leisure facilities or are extravagant must not be used.

Under the new code, all the pharma associations will have UCMP uploaded on their website and there should be a complaint handling committee named “Committee for Pharma Marketing Practices” in all the associations.

Once it is established that a breach of code has been made by a company, the committee can take one of the following decisions against the alleged company: to suspend or expel the company from the Association; to reprimand the company and publish details of that reprimand; to require the company to issue a corrective statement such as details of the proposed content and mode and timing of dissemination of the corrective statement must be provided to the committee for approval and the same shall be put on the website of the Association; to ask the company to take steps to recover items given in connection with the promotion of a medicine provided to health professionals and members of the public and the like; details of the action taken must be provided in writing to the Committee which will be uploaded on the website of the Association.

The DoP has asked the pharma associations and other stake-holders to send their feedback by June 30 this year.