Anzal’s Summary of Case Study 4
AUTH/2783/7/15 – Media criticism -The Daily Telegraph/Director v Stirling Anglian Arrangements for a meeting
CASE SUMMARY
Clauses:
The case also discussed the principle that a pharmaceutical company is responsible for the actions of third-party agents acting on its behalf, as established by the Code.
- The PMCPA Code applies to pharmaceutical companies and their agents.
- Companies can pay health professionals for advice, but meetings must comply with the Code.
- Advisory board participants should be selected based on expertise and ability to contribute to the purpose of the board.
- The number of participants in a meeting should be limited to allow for active participation.
- Honoraria offered must reflect the fair market value of time and effort involved.
- There must be valid and cogent reasons for holding meetings outside the UK.
- Lavish or deluxe venues should not be used for meetings.
- Pharmaceutical companies are responsible for the actions of third-party agents acting on their behalf.
Clauses:
- Clause 2: Requires pharmaceutical companies to comply with all relevant laws and regulations.
- Clause 6.1: Allows complaints to be brought under the Code by third parties, including the public, healthcare professionals, and patient groups.
- Clause 9: Requires that promotional material is accurate, balanced, fair, and not misleading.
- Clause 22: Sets out the rules governing meetings and hospitality provided by pharmaceutical companies to healthcare professionals.
- Clause 23: Sets out the rules for advisory boards, including the selection of participants, the agenda, and the payment of honoraria.
- Clause 24: Requires that hospitality offered to healthcare professionals is reasonable and proportionate to the purpose and the needs of the recipients.
- Clause 25: Prohibits the provision of gifts to healthcare professionals, except for small items of medical utility or educational materials.
The case also discussed the principle that a pharmaceutical company is responsible for the actions of third-party agents acting on its behalf, as established by the Code.
MedicalGoGo Learning points:
- Ensure compliance with the Code: Companies must ensure that all their activities and those of their agents comply with the Code. The pharmaceutical company, Stirling Anglian, was responsible under the Code for the actions of its agents.
- Properly select and limit participants in advisory boards: Companies can pay health professionals for relevant advice, but the arrangements for such meetings must comply with the Code. The choice and number of participants should be able to stand up to independent scrutiny, and the number of participants should be limited to allow for active participation by all.
- Ensure transparency in invitations and payments: Invitations to participate should state the purpose of the advisory board meeting, the expected advisory role, and the amount of work to be undertaken. If an honorarium is offered, it should be made clear that it is a payment for work and advice. Honoraria must be reasonable and reflect the fair market value of the time and effort involved.
- Have valid and cogent reasons for holding meetings at venues outside the UK: As stated in the supplementary information to Clause 22, Meetings and Hospitality, there must be valid and cogent reasons for holding meetings at venues outside the UK.
- Ensure hospitality is appropriate and secondary to the event and complies with all aspects of the code