Codes of Conduct The International Pharmaceutical Regulatory & Compliance Congress and Best Practice Forum 6 June 2007 Heather Simmonds Director Prescription Medicines Code of Practice Authority

Prescription Medicines Code of Practice Authority Prescription Medicines Code of Practice Authority Heather Simmonds, Director Etta Logan, Secretary Jane Landles, Deputy Secretary Appointed by and reports to ABPI Board of Management. ROLE: Responsible for administration of the Code and complaints procedure including provision of advice, guidance and training. Scrutiny of advertising and meetings. Arranging conciliation.

ABPI Code Established in 1958 Regularly updated Applies to member and non member companies Reflects and extends beyond UK law

OTHER CODES - INTERNATIONAL IFPMA Code of Pharmaceutical Marketing Practices EFPIA Code of Practice on the Promotion of Medicines Guidelines WHOEthical criteria for Medicinal Drug Promotion

Established 1980s Updated Current version 2007 Implementation Complaints mechanism Code Compliance Network IFPMA CODE

Established 1992 ahead of EU Directive Updated 1993, 2004, 2008? Code on the promotion of medicines to and interactions with healthcare professionals Implementation Complaints mechanism – via national associations EFPIA Code Committee Annual meeting to share experiences EFPIA CODE

EU LEGISLATION Council Directive 2001/83/EC of 26 November 2001 on the Community Code relating to medicinal products for human use (original Directive dated 1993) Articles 86 → 100 Council Directive 2004/27/EC of 31 March 2004

LEGISLATION The Medicine (Advertising) Regulations 1994, as amended (1994 No. 1932) The Medicines (Monitoring of Advertising) Regulations 1994, as amended (1994 No. 1993)

RELATIONSHIP WITH MHRA Control of advertising is based on self regulation. MHRA acts on behalf of health ministers when self regulation fails or there is a clear case for protection. Memorandum of understanding.

MEMORANDUM OF UNDERSTANDING Agreed by the MHRA, ABPI and PMCPA Commitment to self regulation Sets out the roles of the PMCPA and MHRA Self regulation should be the first means of dealing with complaints MHRA to act ‘when there is a clear case for protection’ or if self regulation fails

MHRA - The Blue Guide Advertising and Promotion of Medicines in the UK

Apart from the updated ABPI Code and Constitution and Procedure?  Increased engagement  New IFPMA Code, EFPIA Code being revised  Health Select Committee  MHRA prevetting NCEs  Continuing media interest What has changed?

More press coverage  new communications manager  more training – companies, individuals, third party agencies  more complaints – largest group health professionals  more voluntary admissions  more use of sanctions  more transparency  more independent members of the Appeal Board  more complaints from employees/exemployees Impact of 2006 ABPI Code

 Hospitality  Provisions of gifts  Provision of medical and educational goods and services  Working with patient groups, information to the public Areas that have caused discussion

Sets out how the Authority operates including:  the complaints procedure  sanctions  publication  charges Constitution and Procedure

COMPLAINTS PROCEDURE Complaint to Prescription Medicines Code of Practice Authority Code of Practice Panel Complainant Advised of RulingRespondent Advised of Ruling Accepted Appealed Code of Practice Appeal Board ABPI Board of Management Can report companies to ABPI Board Can report companies to Appeal Board

CODE OF PRACTICE APPEAL BOARD mChairman, independent, legally qualified mThree independent medical members one general practitioner one hospital consultant mFive other independent members one pharmacist one nurse prescriber one representative of the interests of patients one from a body that provides information on medicines one lay member mIndustry members 4 medical directors or equivalent 8 directors or senior executives

SANCTIONS  Rapid cessation of promotion.  Publication of case reports.  Recovery of items.  Audit of company’s procedures can be followed by pre-vetting.  Public reprimand.  Corrective statements.  Advertising of certain cases in medical/pharmaceutical press.  Suspension/expulsion by ABPI Board of Management.

Communication  Increase awareness amongst health professionals – Code Awareness Day  PR activity  Guide for Health Professionals updated  Guide for patients/public to be produced  Training

Publications

FINANCES  Annual Levy paid by members of ABPI.  Administrative charges paid by: Complainant companies when no breach ruled Respondent companies ruled in breach Amount depends on: number of matters, outcome of any appeal and whether an ABPI member or not.  Audits  Seminars

Conclusion and Questions