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This is an archive article published on March 13, 2024

Govt releases guidelines to curb unethical pharma sector practices

The guidelines prohibit companies from conducting continued medical education (CME) workshops in foreign countries.

medical shopThe new guidelines also extended the time up to which a complaint can be entertained after a breach of the code from three months to six months. (Representational/File)

In its latest guidelines to prevent unethical pharma industry practices that can influence healthcare professionals, the Union government has allowed firms to arrange medical education workshops and provide research grants for healthcare professionals, provided these are done in a transparent manner.

“…Conference, seminar, workshop, etc. should only be allowed through a well-defined, transparent, and verifiable set of guidelines,” says the Uniform Code for Pharmaceutical Marketing Practices (UCPMP-2024) that was sent to all pharmaceutical associations on Tuesday.

The guidelines prohibit companies from conducting continued medical education (CME) workshops in foreign countries. Companies must also share details of such workshops on their website, including the expenditure they incurred. The firms “may be subject to independent, random, or risk-based audit”.

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The organisers must also share the process to select participants and speakers, and all involved must comply with income tax provisions.

The guidelines allow the industry to support research for studies authorised by bodies such as the Indian Council for Medical Research or the Drug Controller General of India.

But in such cases, healthcare professionals should also have been engaged as a consultant or advisor on a honorarium subject to tax provisions. All expenditures by the company must also comply with tax provisions.

The new set of guidelines maintains a range of restrictions from the previous version in operation since 2015. Pharma firms are still barred from giving various forms of gifts to healthcare workers and their families — such as travel, accommodation and monetary grants.

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“All associations are requested to constitute an Ethics Committee for Pharmaceutical Marketing Practices (ECPMP), set up a dedicated UCPMP portal on their website, and take further necessary steps towards implementation of this Code,” the guidelines say.

“In cases where disciplinary, penal, or remedial action lies within the domain of any agency or authority of the Government in accordance with the statute, the Committee may send its recommendations to such agency or authority through the Department of Pharmaceuticals,” they say.

It retains other penalties such as suspension from the association, a reprimand with details made public, and recovery of money or items.

UCPMP-2024 will be applicable to medical device manufacturers as well. “The provisions of this Code, unless exempted, … shall apply … to medical devices and companies or entities manufacturing or dealing with the sale and distribution of such products,” the guidelines issued on Tuesday said.

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The new guidelines also extended the time up to which a complaint can be entertained after a breach of the code from three months to six months. “The complaint must be made within six months of the alleged breach of the Code, with a maximum of another six months for reasonable delay that can be explained in writing.”

Anonna Dutt is a Principal Correspondent who writes primarily on health at the Indian Express. She reports on myriad topics ranging from the growing burden of non-communicable diseases such as diabetes and hypertension to the problems with pervasive infectious conditions. She reported on the government’s management of the Covid-19 pandemic and closely followed the vaccination programme. Her stories have resulted in the city government investing in high-end tests for the poor and acknowledging errors in their official reports. Dutt also takes a keen interest in the country’s space programme and has written on key missions like Chandrayaan 2 and 3, Aditya L1, and Gaganyaan. She was among the first batch of eleven media fellows with RBM Partnership to End Malaria. She was also selected to participate in the short-term programme on early childhood reporting at Columbia University’s Dart Centre. Dutt has a Bachelor’s Degree from the Symbiosis Institute of Media and Communication, Pune and a PG Diploma from the Asian College of Journalism, Chennai. She started her reporting career with the Hindustan Times. When not at work, she tries to appease the Duolingo owl with her French skills and sometimes takes to the dance floor. ... Read More

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