Title II - RULES OF PROCEDURE FOR THE CONTROL BODIES
CHAPTER II – The Code of Practice Surveillance Unit of the Pharmaceutical Industry in Spain
28. STRUCTURE, ORGANISATION, OPERATION PRINCIPLES AND AUTHORITIES
28.1. Structure and Organisation
The Code of Practice Surveillance Unit will be headed by a Director, designated by the FARMAINDUSTRIA Executive Board at the request of the Governing Council and with the approval of the Code of Practice Committee. The duration of the post will be three years, whereby the appointment may be renewed indefinitely for successive periods of equal duration.
In order to perform his/her functions, the Code of Practice Surveillance Unit Director will, at all times, have the personnel and material means necessary to perform his/her functions according to the judgment of the FARMAINDUSTRIA Governing Bodies.
The Code of Practice Surveillance Unit may be called to inform the Code of Practice Committee and, in all cases, shall be responsible for its activities before the Board of Governors.
The Code of Practice Surveillance Unit will function in collaboration with the Code of Practice Committee and will have the support and advice of the FARMAINDUSTRIA Legal Department, being able to propose to the Code of Practice Committee the opinion and assistance of experts in any field whenever they deem it necessary.
The Code of Practice Surveillance Unit will draw up a quarterly report on its actions, which must be presented to the Code of Practice Committee and FARMAINDUSTRIA General Management, who will transmit the report, with his/her considerations, to the Board of Governors and the Executive Board.
28.2. Operation Principles
a) Confidentiality: The Code of Practice Surveillance Unit will maintain the confidentiality of its actions, avoiding the disclosure of any information on the processing of complaints and its resolutions, until these have not been issued or until their publication has been agreed to.
b) Veracity: All actions carried out by the Code of Practice Surveillance Unit in the clarification of facts will have the presumption of veracity.
c) Impartiality: The Code of Practice Surveillance Unit will act under the principle of impartiality and with clear objectivity in defense of the rules contained in the Code.
d) Independence: The Code of Practice Surveillance Unit will be independent of party interests and will remain autonomous for performing its work.
e) Agility: The Code of Practice Surveillance Unit will use the most appropriate means to guarantee maximum agility in the execution of its procedures with the objective of being effective in its preventative and supervisory work.
28.3. Scope of Action
The Code of Practice Surveillance Unit may act anywhere within the national territory and in foreign countries when the activities under investigation are conducted by a pharmaceutical company subject to the application rules of the Code.
28.4. Functions and Authorities
As the body responsible for the active monitoring of compliance with the Code, the Code of Practice Surveillance Unit may exercise the following functions and authority, among others:
a) To collaborate with the Code of Practice Committee and the Jury with the aim of promoting effective application of the rules contained in the Code, either on its own or at the request of any person with a legitimate interest.
b) To provide advice, guidance and training in relation to the Code.
c) To implement the measures necessary to investigate compliance with the Code of a given activity, requiring pharmaceutical companies to provide or exhibit any information or documentation that is relevant due to being directly or indirectly related to said investigation.
In particular, shall be enabled to establish procedures to monitor the compliance of Transfers of Value disclosure obligations established in article 18. Those procedures shall be approved by FARMAINDUSTRIA Board of Directors.
Some of the documentation, including but not limited to, that is subject to this requirement: procedure manuals, internal control documentation, and copy of the agreements with third parties that may lead directly or indirectly to activities that fall within the scope of the Code.
Pharmaceutical companies will adopt the measures necessary to facilitate providing or exhibiting said documentation.
Within this same investigation, and only in the case that the information or documentation supplied by the pharmaceutical company was insufficient or incomplete according to the judgment of the Director of the Code of Practice Surveillance Unit, said Unit may request in writing that an investigations procedure be undertaken according to the terms stipulated in article 37 of the Code.
d) To manage the prior communication procedure of scientific meetings, studies and services stipulated in articles 11.8, 14.3 and 16.2 of the Code and, based on its criteria, collect additional information before or after they are carried out. In addition, the Unit may appear on site in order to obtain more information when conferences and scientific meetings take place, whenever there are rational reasons or evidence of a breach.
e) To draw up warnings of a preventative nature to pharmaceutical companies when, in activities to be conducted, and according to information in their possession, there is a risk of breach of the Code.
f) To initiate complaint procedures before the Code of Practice Committee if supervisory actions lead to the discovery of a Code breach; to propose corrective measures in mediation agreements, which may include a monetary contribution to the fund created by FARMAINDUSTRIA set aside for the rational use of medicines.
g) To issue rulings of a technical or ethical nature on the questions submitted by FARMAINDUSTRIA within the scope of their actions and report regarding queries on the Code presented by pharmaceutical companies, forwarding these to the Code of Practice Committee for their reply.
h) To issue circulars to pharmaceutical companies defining the criteria of the Code of Practice Surveillance Unit with regard to certain activities, meetings or any other aspect or information related to compliance with the Code by the pharmaceutical companies.
i) To verify, through the means it deems appropriate and proportional, compliance with the resolutions of the Jury and the mediation agreements by the infringing pharmaceutical companies.
j) To notify to the competent healthcare authorities those practices which, being conducted by companies not subject to the provisions of the Code, may result in violations of applicable legislation.
k) To provide a certificate that allows for accreditation of compliance with the precepts of the Code for a given activity, according to the procedure approved by the FARMAINDUSTRIA Executive Board.
l) Any other applicable functions by virtue of the Code.
28.5. Reporting of Possible or Presumed Breaches
Any person or legal entity that has a legitimate interest in action being taken with regard to a specific activity within the scope of application of the Code, may report a possible breach to the Code of Practice Surveillance Unit. The Code of Practice Surveillance Unit is obliged to keep the identity of the informant confidential.
Reporting of possible or presumed breaches to the Code of Practice Surveillance Unit must be formalised in writing to the Director, who will maintain a register of all communications received.
The communications must contain, at a minimum, the following data:
a) Name and address of the informant and, where applicable, personal data of the representative, who must certify the power of attorney.
b) Name and address of the pharmaceutical company that is the possible or presumed violator.
c) A detailed explanation of the facts that constitute the possible or presumed breach being reported.
d) The evidences, documents or means of proof that the informant possesses.
The Code of Practice Surveillance Unit will evaluate the facts reported, and may carry out any investigations or means of evidence it deems appropriate in order to initiate proceedings against the presumed offending pharmaceutical company, where applicable.
If the written communication does not contain any of the required information or if the Code of Practice Surveillance Unit does not perceive the existence of a breach, the Unit Director may close the file without any further process, reporting this decision to the informant. The Director of the Unit may also close the file if the presumed breach involves a given piece of promotional material or if, after evaluation, the Director determines that the informant has sufficient evidence to present the complaint on his/her own without the need for intervention by the Unit.