Complying with the PhRMA – Five Simple Steps
By Bill Braddock
The recently released PhRMA Code scheduled to take effect January 1, 2009, is an extension and amplification of the Code that became effective July 1, 2002. The Codes are remarkably similar, and focus on perceived abuses of pharmaceutical industry interactions with healthcare professionals (HCPs).
There is a clear distinction between legitimate pharmaceutical promotion and possible inappropriate interactions with HCPs. Traditional product promotion is not addressed in either of the Codes, but gifts from pharmaceutical manufacturers, their representatives, and other manufacturer interactions with HCPs are covered in detail. While final decisions regarding compliance will be made by each company’s Regulatory and Legal Departments, it will be helpful to keep these simple tips in mind when marketing your treatments and products…
- The new Code is designed to eliminate inappropriate inducements to HCPs to prescribe specific products. In general, outright gifts lacking medical relevancy may be correctly viewed as improper inducements. Avoid floral arrangements, artwork, music CDs or tickets to sporting events.
- Pens, notepads, and similar reminder items bearing the company or brand logo also have new limitations. Although medically relevant, the new Code places a more restrictive boundary in this area. They now must have an HCP or patient education component.
- Both Codes seek to eliminate any appearance of impropriety in the interaction between pharmaceutical representatives and physicians (and their staffs). Replacing “medically relevant” with “items of an educational nature” is one way to circumscribe the types of materials individual pharmaceutical companies may appropriately provide to physicians.
- Non-educational items should not be offered to HCPs or members of their staffs, even if they are accompanied by patient or physician educational materials.
- HCPs may request, or expect to receive, prescription forms, patient record services, and similar services from multi-sponsored subscription programs. They may continue to do so--even when such services are inherently non-educational—because they are not initiated by a particular company or brand.
Compas/Beyond Branding has been a leader in innovative compliant targeted promotions & media for more than 20 years. Bill Braddock can be reached at Bill Braddock bbraddock@compas-inc.com
