Yet to Receive DoP Intimation to Take Action Against 30 Doctors Accepting Pharma Freebies: NMC

New Delhi: The National Medical Commission (NMC) is yet to receive the intimation from the Department of Pharmaceutical (DoP) asking it to take action against 30 offending doctors who allegedly took pharma freebies in the form of travel and hospitality expenses from AbbVie Healthcare, a senior NMC official recently informed the Medical Dialogues team.

DoP received a complaint stating that the pharma company AbbVie provided travel tickets and hotel accommodations for extravagant pleasure trips under the guise of conferences (Aesthetics 86 Anti-Aging Medicine World Congress 2024), which took place from February 1 to 3, 2024, and from March 26 to 29, 2024, in Monaco and Paris, respectively, for 30 doctors connected to the medical aesthetics/anti-ageing products (Botox and Juvederm).

The alleged expenses totaled Rs 1.91 crore, covering flights and hotel stays and the Special Audit Committee of DoP found these allegations to be true. These doctors will now face action from the Commission as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 that bar the doctors from accepting pharma freebies.

What's the Issue?

Medical Dialogues had earlier reported that DoP had received the anonymous complaint back on May 21, 2024, and while investigating the allegations, the Special Audit Committee, set up by DoP, reported severe branches of UCPMP (Uniform Code for Pharmaceutical Marketing Practices).

The Special Audit Committee found out that ‘AbbVie was in breach of UCPMP 2014 and UCPMP 2024. The total expenditure for 24 doctors travelling to Paris and 6 doctors to Monaco amounted to INR 1,91,24,991/- (One crore ninety-one lakh twenty-four thousand nine hundred ninety-one rupees only) for travel tickets and hotel accommodations in foreign locations, which was an explicit contravention of the codal provisions.’

Both the NMC Ethics Regulations 2002 and UCPMP 2014 and the newly introduced UCPMP 2024 strictly prohibit pharmaceutical companies from offering travel and hospitality to healthcare professionals and bar doctors from accepting the same.

Also Read: Rs 1.91 Crore spent on Doctors Travel: Pharma Company faces UCPMP heat, soon action against 30 doctors

The findings revealed that AbbVie’s spending on travel and accommodation was a direct violation of the UCPMP guidelines. Moreover, the company’s justification that these trips were intended to enhance doctors’ knowledge about products like Botox and Juvederm was deemed insufficient.

Finding the company guilty, the DoP committee reprimanded AbbVie Healthcare while requesting the Central Board of Direct Taxes (CBDT) to evaluate the tax liability of M/S. AbbVie Healthcare India Pvt Ltd along with 30 HCPs and take action in accordance with the provisions of the Income Tax Act, 1961 read with the subordinate circulars issued in this regard.

Apart from this, the Committee had also asked NMC to take action against the 30 offending HCPs as per Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

What do MCI 2002 Regulations Say?

Doctors are barred from accepting pharma freebies as per the the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

These regulations specify that

"A medical practitioner shall not accept any travel facility inside the country or outside, including rail, air, ship , cruise tickets, paid vacations etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME programme etc as a delegate."

While the 2002 Ethics Regulations do not specify how the doctors should be punished for violation of the rules, the Apex Medical Commission offered clarification in this regard in the National Medical Commission Registered Medical Practitioner RMP (Professional Conduct) Regulations 2023, which were later put on hold.

As per the 2023 Regulations, doctors accepting any gifts, travel facilities, hospitality, cash or monetary grants, consultancy fee or honorariums, or access to entertainment or recreation from pharmaceutical companies or their representatives, commercial healthcare establishments, medical device companies, or corporate hospitals may face a suspension of the license to practice for a maximum period of three months.

Since the 2023 regulations are on hold, the NMC will decide how these doctors will be punished if they are found guilty of violating the rules.

Also Read: Pharma-Doctor Interactions: What has changed in the new Code of Medical Ethics? 10 important takeaways