New Delhi The government is tightening rules to prevent drug makers from offering doctors expensive merchandise, from all-expense-paid visits to watches to conferences, to encourage them to prescribe certain drugs, two government officials said. Familiar with the development.
Officials from the Ministry of Health, the Department of Pharmaceuticals and the National Medical Commission, among other departments, will define what is acceptable as a gift from pharma companies. For example, they may allow doctors to accept cheap trinkets such as company-branded pens, but place restrictions on paid hotel stays.
Money spent by drug makers on marketing of drugs to doctors has become the target of investigation after the Central Board of Direct Taxes alleged that it was spent by Micro Labs, the maker of fever drug Dolo. 1,000 crore on gifts to doctors during the pandemic. The company dismissed the allegations as baseless and claimed that it did not spend more than 5-6 crores annually to promote Dolo.
While rules exist against gifting doctors, they are often flouted. The government’s latest move is aimed at cutting financial ties between the firms that make the drug and the doctors who prescribe them.
“The government is exploring ways and means to create more immunity among doctors, so they do not accept any freebies from pharma companies to promote any medicine. A report is being prepared,” said one of the two officials, requesting anonymity.
A Uniform Code of Conduct is already in place for pharma companies on gifts for promotion of any drug, but it has not been strictly enforced. “Since 2015, we have the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) to prevent pharmaceutical companies from unethical marketing practices. However, for medical professionals, we have the Medical Council of India (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which provides a code of conduct for doctors in their relationship with pharmaceutical companies. In addition, the National Medical Council issued guidelines for registered doctors and their families not to receive gifts, travel facilities, hospitality, cash or monetary grants etc. from pharmaceutical companies. However, the level of resistance seems to be very poor.”
In 2021, the Federation of Medical and Sales Representative Association of India filed a petition in the Supreme Court alleging unethical marketing practices by pharma firms.
“The federation mentioned in the appeal that the Uniform Code of Conduct is not strong and should be made an Act. We understand that mere availability of law cannot deter anyone. Only the State Medical Council can take action and keep a close watch on the doctors doing such activities.
“Many states have rules, and it is not defined in one place. This makes it difficult to monitor such activities at times. However, this problem can be solved when doctors prescribe generic drugs to patients. Start prescribing, not branded. Massive awareness campaign is needed to promote generic drugs,” said another official on condition of anonymity.
A health ministry spokesperson did not respond to questions sent by Mint till press time.
Dr Rajeev Jayadevan, former President of the Cochin Chapter of the Indian Medical Association said that the industry is allowed to distribute product name reminders such as pens. “Plus, expensive gifts and trips can be in small pockets,” he said.
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