No More Swag: PhRMA Updates Interaction Code

By bmartin on July 10, 2008 11:24 AM | Permalink | Comments (0) | TrackBacks (0)

You want a Viagra-branded ballpoint pen? On January 1, 2009, you'll have to go to eBay, instead of your Pfizer rep.

That's when PhRMA's updated code on industry's interactions with healthcare professionals—which is now banning non-educational gifts like pens, mugs, notepads, and (alas) stress balls—will go into effect.* Drug reps may continue to provide "modest" educational items (costing less than $100) to physicians, like medical textbooks or patient-education anatomical models. But other items, like stethoscopes, pedometers, and DVD players, are not acceptable—even if used for patient education or to promote healthy behavior. The updated code outlines other acceptable interactions in a number of contexts.

Rep visits: Reps may continue to present educational, scientific information to healthcare professionals during their work day, including mealtimes, and reps may provide "occasional, modest" meals like sandwiches or pizza to healthcare attendees. However, these visits are limited to the office or hospital, and no spouses or guests are allowed to attend. The PhRMA code also emphasizes no scavenger-like "dining and dashing."

CME: Drug companies should separate their CME grant-making functions from their sales and marketing departments (a move that most, if not all, companies have already undertaken within the last few years). Funding companies should not advise or guide the content or faculty selection for the CME program, even if asked by the CME provider. Healthcare professionals who attend industry-funded CME should not be reimbursed for their travel, lodging, or other personal expenses. That means no parking validation; so don't even ask.

Consultant/advisory relationships: The nature of these relationships should be specified in a written contract, and compensation may be made for the services of the consultant/advisor and related travel, lodging, and out-of-pocket expenses. However, meetings should not occur at resort locations (although, these venues may cost no more than non-resort locations). Also, any healthcare professional who is a member of a committee that sets formularies or develops clinical guidelines should disclose his industry relationship to the committee. This disclosure should extend for 2 years beyond the end of the industry relationship.

Speaker programs: It is important to note that the FDA holds companies accountable for the presentations of physician speakers, meaning that these speakers must be trained and must adhere to a company's medical-regulatory-approved slides and content. Therefore, the distinction between speaker programs and CME programs should be made clear to all involved. (This distinction really can't be emphasized enough.) Also, like consultant/advisory meetings, speaker events should not be held at resort locations, and any healthcare professional who is a member of a committee that sets formularies or develops clinical guidelines should disclose his industry relationship to the committee. Again, this disclosure should extend for 2 years beyond the end of the industry relationship.

Product samples: Products samples for patient use are okay to distribute to healthcare professionals in accordance with the Prescription Drug Marketing Act.

Prescriber data: These data should not identify patient users, and companies must respect the confidential nature of the data. Companies should designate an internal contact person to handle data-use inquiries and appropriate disciplinary actions. Companies should also respect the request of any healthcare professional who asks that his/her data not be made available to company reps.

Last, PhRMA indicates that companies completing an annual certification announcing their commitment to the updated code will be noted at the PhRMA web site.

If you're already anticipating swag withdrawal or a substantial uptick in swag value, type "drug rep" in the eBay search box.

* According to the Promotional Products Association International, the business of promotional products was a $19.4-billion industry in 2007. PPAI data indicate that pharmaceutical/chemical companies accounted for approximately 13% of this industry last year.