New Delhi: The issue of indulgence of the pharmaceutical companies in unfair and unethical practices to promote their medicines by sponsoring trips and offering gifts to doctors recently reached the sessions of the Lok Sabha when three Members of Parliament questioned the Minister of Chemicals and Fertilizers about the existence of such unethical practices as well as steps taken by the government to curtail them. Questions were further raised on the proposal to make the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) mandatory for Pharmaceutical companies.
This particular issue of pharma bribery to doctors via freebies and gifts has recently been on the spotlight with the recent raid on Micro Labs, makers of DOLO 650 tablets and the further incriminating evidence found by the income tax sleuths implying an almost Rs 1000 crore pharma bribery scam using gifts and freebies.
Responding to the questions raised by the 3 MP namely, Shri Nalin Kumar Kateel, Shri D.K. Suresh and Shri Patel Hasmukhbhai Somabhai, the Minister of Chemicals and Fertilizers Bhagwanth Khuba apprised about the steps taken by the Government to check such unfair and unethical practices.
The Minister informed that the Government has put in place a Uniform Code for Pharmaceutical Marketing Practices (UCPMP) for Pharmaceutical companies, which is in operation since 01.01.2015, to prevent unethical practices by the pharmaceutical companies.
" This code governs the conduct of pharmaceutical companies in their marketing practices, duly covering the various aspects such as medical representatives, textual and audio-visual promotional materials, samples, gifts, etc. Further, the code establishes relationships with healthcare professionals, wherein the provisions related to travel facilities, hospitality and cash or monetary grants to physicians or their families have been elaborated. The code also details the mode of operation of the code, responsibilities of the Pharmaceutical Associations in constituting the Ethics Committee for Pharmaceutical Marketing Practices (ECPMP) for handling the complaints and Apex Ethics Committee for Pharmaceutical Marketing Practices (AECPMP) for review, the procedure of lodging a complaint, procedure of handling of complaints by the Pharmaceutical Associations and various penalty provisions," the minister informed.
The code has been adopted by all the major associations of pharmaceutical companies and the Department on various instances has reviewed the implementation of the code by the Pharmaceuticals associations. "The complaints of violation of the voluntary UCPMP by pharma companies which are perceived by the Department are forwarded to the concerned associations for taking necessary action," the Minister stated.
The minister also informed about the governance mechanism at The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 formed under Indian Medical Council Act, 1956 (102 of 1956), provides for conduct for doctors and professional association of doctors in their relationship with pharmaceutical and allied health sector industry. Under this, any complaint of professional misconduct of a medical practitioner or professional is to be addressed by the respective State Medical Councils.
Besides UCPMP, there exists sufficient and enforceable legal regime to counter, control and dis-incentivize unethical marketing practices such as "Indian Medical Council Professional Conduct, Etiquette and Ethics) Regulations, 2002" under the Indian Medical Council Act, 1956, provisions available under the Income Tax Act, Drugs and Cosmetics Act, Prevention of Corruption Act, etc.
In a response to the question of
whether the Government has received representations from civil societies and patients group to make the UCPMP mandatory, the Minister has clearly mentioned that the Department has not received any representations in the recent past from civil societies and patents group to make the UCPMP code mandatory. However, he informed that in the writ petition (Civil) No. (s).323/2021 filled by the federation of the Medical and Sales Representatives Associations of India & others against Union of India and others, the matter is under consideration of Hon'ble Supreme Court of India.
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