The UCPMP, 2024 follows the code previously released in 2015. The previous code was ineffective to curb the unfair practices by the pharma companies while dealing with doctors. The monetary incentives and freebies to the doctors add to the cost of the drugs which ultimately burdens the pockets of the patients.
The present code lays guidelines for the conduct of medical representatives (MRs) who promote products by distributing literature, brand reminders and free samples. They establish a relationship with healthcare professionals.
There is a provision for lodging complaints against unethical marketing practices. The responsibilities of the chief executives of pharma companies have been defined in such matters. The code extends to medical device makers.
However, the code lacks the teeth as it is not punitive and is purely voluntary.
The code prohibits gifts, sponsorships or payments by companies (or their distributors, wholesalers and retailers) to healthcare professionals. Doctors can associate with companies as consultants-advisors for research services only. Pharma firms cannot fund travel and lodging expenses. When doctors attend conferences on invitation, all the details must be uploaded including the funding-expenditure costs on the website. This will be subjected to special audit.
Pharma associations will establish an Ethics Committee for Pharma marketing Practices. (ECPMP). If the code is violated by an entity the committee can take action for the first time. The appeal can be raised before the Apex Committee for Pharma Marketing Practices (ACPMP). It will be headed by the Secy, department of pharmaceuticals and will also have a joint secy and a finance officer as its members. The ACPMP’s decisions will be final and binding on both the parties. It is empowered to impose penalties or make reference to an appropriate government agency or authority.
It is to be seen whether a self-regulatory mechanism is enough.