Title I - PROVISIONS OF THE CODE
CHAPTER II - Interaction with Healthcare Professionals and Organisations
16. SERVICES PROVIDED BY HEALTHCARE PROFESSIONALS OR HEALTHCRE ORGANISATIONS
16.1. Contracting Healthcare Professionals on an individual or group basis is permitted for providing advice or counseling services such as communications at meetings as a speaker or moderator, educational activities, expert meetings, etc., where such participation involves payment of remuneration and/ or expenses for travel and subsistence.
Agreements with individual Healthcare Professionals, and/or with entities in which these concur (institutions, foundations, scientific societies, organisations of professional associations, etc.), that cover the legitimate provision of these types of services must meet the following conditions:
a) they are contracted for the purpose of collaborating with healthcare, research, teaching/training or the organisation of professional or scientific meetings;
b) the existence prior to providing these services of a written contract that specifies, at the least, the nature of the services to be provided and, in compliance with letter (h) below, the criteria that form a basis for calculating the remuneration for their provision;
c) they clearly identify, prior to requesting these types of services and signing any type of agreement with the possible consultants, the legitimate need for these services;
d) the criteria used to select the consultants are directly related to the identified need and the person responsible for their selection has the necessary expertise to evaluate if the Healthcare Professionals meet these requirements;
e) the number of Healthcare Professionals contracted does not exceed the number that would be reasonably necessary to achieve the planned objective;
f) the contracting company must maintain documentary support of the services provided by the consultants and employ these services for the planned use;
g) contracting Healthcare Professionals to provide these types of services does not constitute an inducement to recommend, prescribe, purchase, supply, sell or administer a given medicine;
h) remuneration to participating professionals must follow market criteria and be in accordance with the time spent, the work performed and the responsibilities assumed. In addition, it must be appropriately formalised;
i) remuneration must be monetary. In exceptional cases and with the prior authorization of the Unit, remuneration may be provided in kind;
j) they are approved, prior to contracting, by the pharmaceutical company's scientific department or by the Compliance Officer stipulated in article 12.12 of the Code.
16.2. When contracting these types of services for a project or activity involves remunerated participation of at least 10 Healthcare Professionals, they must be communicated by the pharmaceutical companies that organise or sponsor the majority of the project or activity prior to its commencement, in accordance with the stipulations of Title II Rules of Procedure for the Control Bodies. If a communicated project includes various meetings, these meetings do not need to be communicated again by the pharmaceutical company under the procedure established in article 33 ("principle of non-duplication").
Failure to report these services will constitute a breach of this Code.
16.3. In these contracts, it is recommended that the pharmaceutical companies include a clause in which the Healthcare Professional commits to declare that he/she provides services or consultation to the pharmaceutical company every time he/she writes or makes public statements regarding any topic related to their agreement or to the company.
In addition, it is recommended that those pharmaceutical companies that employ Healthcare Professionals on a part-time basis – meaning they continue to practice their profession – ensure that these are under the obligation to publicly declare this contract or relationship with the pharmaceutical company any time they write or make public statements regarding any topic related to said contract or to the company.
The stipulations of this section are applicable at all times and in spite of the fact that the Code expressly excludes corporate advertising from pharmaceutical companies from its scope.
16.4. When a Healthcare Professional participates in a meeting in the role of advisor or consultant, the terms and conditions of article 11 apply.
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It is important that companies evaluate the appearance and content of these types of agreements as a whole. A useful criterion for evaluating compliance with the Code is to ask if the company would like all of the details of the agreement to be widely known publicly.
Companies must be especially careful when they contract a significant number of Healthcare Professionals. In particular, they should not present as services projects that, due to their objectives and characteristics, should be qualified as studies and, therefore, meet the requirements established in article 14.
Annex IV to the Code includes "Practical guidance and criteria concerning services provided by Healthcare Professionals or by Healthcare Organisations".
This guidance establishes, among other aspects, that in order to guarantee in all cases freedom of prescription on the part of Healthcare Professionals, and in order to respect their independent when deciding the most appropriate treatment for each patient, a decision which must be based on the scientific evidence and on the indications authorised for each medicine, pharmaceutical companies must establish annual limits with regard to (i) the total number of Healthcare Professionals with remunerated contracts, and/or (ii) the number of engagements on which the same Healthcare Professional is given a remunerated contract, and/or (iii) the maximum remuneration paid to the same Healthcare Professional for the provision of such services.
16.1. Regarding the conditions detailed in said subsection, pharmaceutical companies must take into account the following:
c) Legitimate Need:
The legitimate need for a particular service will be determined by the existence of objective elements that corroborate and justify the need for it to be performed, taking into account the purpose of the service. The legitimate need must be clearly documented before the service is performed.
As an example:
- If the legitimate need is based on a request for training/updating courses received from a Healthcare Organisation, the recommendation is that the pharmaceutical company should have some document in place in accreditation of this request.
- Legitimate need based on the existence of scientific developments could be justified provided that this refers to new scientific evidence published in the last 4 years.
- The promotion of medicines may constitute a legitimate need justifying the contracting of such services. In these cases, the pharmaceutical company is advised (i) not to generate confusion as regards the nature, character and promotional purpose of the services; (ii) to comply with the requirements of article 16.1, in particular as detailed in subsections (e), (g), (h) and (j); and (iii) to check that there is no legal impediment preventing the hiring of such services.
d) Selection of Healthcare Professionals hired:
Objective criteria must exist in advance for the selection of Healthcare Professionals (for example: expertise, professional record, publications, etc.). The criteria established must be consistent with the purpose, quality, prestige and scientific-professional rigour of the project.
e) Number of Healthcare Professionals hired:
Decisions as to the Project design and the methodology to be followed for its implementation must be essentially based on efficiency and optimisation criteria of the available resources. Aspects such as their nature, scope, objective, type, etc. will determine the maximum number of remunerated engagements that would be reasonable for each Project.
g) Their hiring does not constitute an inducement to recommend, prescribe, purchase, supply, sale or administer a given medicine:
The hiring of such services cannot and must not in itself constitute a commercial action. As a result, before its arrangement and execution, the pharmaceutical company must evaluate whether aspects such as the purpose, selected methodology, duration, number of collaborators/consultants, location, remuneration, etc. would cause the service in question to be perceived as an undue inducement mechanism.
h) Fair market value of remuneration:
Pharmaceutical companies shall put in place internal procedures and mechanisms to help establish objective remuneration criteria.
16.2. The purpose of communicating services is to facilitate the monitoring work of the Code of Practice Surveillance Unit. In no case should this be understood as involving authorization. The companies continue to be solely responsible for compliance with the Code in these services, regardless of whether or not they are communicated previously to the Code of Practice Unit.
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