A Common Understanding 2012 - Working Together For Patients

Appendix D: Prescription Medicines Code of Practice Authority

The ABPI Code of Practice for the Industry was introduced in 1958. Copies of the Code are available from the PMCPA, www.pmcpa.org.uk or by calling 020 7747 8885. It covers and extends beyond legal requirements in the UK.

The Association of the British Pharmaceutical Industry (ABPI) established the Prescription Medicines Code of Practice Authority (PMCPA) in 1993 to operate the Code of Practice for the pharmaceutical industry at arm’s length from the ABPI itself.

The PMCPA is responsible for the provision of guidance, advice and training on the Code as well as for the complaints procedure.

Compliance with the Code is obligatory for ABPI member companies and, in addition, about 60 non-member companies have voluntarily agreed to comply with the Code and to accept the jurisdiction of the Authority.

The Code covers the advertising of medicines to health professionals and administrative staff/independent contractors and also covers certain non promotional areas such as information about prescription only medicines made available to the general public.

It covers:

• journal and direct mail advertising;
• the activities of representatives including detail aids and other printed material used by representatives;
• the supply of samples;
• the provision of inducements to prescribe, supply, administer, recommend or buy medicines by the gift, offer or promise of any benefit or bonus, whether in money or in kind;
• the provision of hospitality;
• the organisation of promotional meetings;
• the sponsorship of scientific and other meetings including payment of travelling and accommodation expenses;
• the declaration of payments to health care and patient organisations;
• the provision of medical and educational goods and services;
• the provision of information to the general public either directly or indirectly, including by means of the Internet;
• all other sales promotion in whatever form, such as participation in exhibitions, the use of audio-cassettes, films, records, tapes, video recordings, electronic media interactive data systems and the like.

Complaints submitted under the Code are considered by the Code of Practice Panel, which consists of three members of the Code of Practice Authority acting with the assistance of independent expert advisers where appropriate. Both complainants and respondents may appeal to the Code of Practice Appeal Board against rulings made by the Panel. The Code of Practice Appeal Board is chaired by an independent legally qualified Chairman; it includes independent members from outside the industry who must be in the majority for the consideration of any case.

In each case, where a breach of the Code is ruled, the company concerned must give an undertaking that the practice in question has ceased forthwith and that all possible steps have been taken to avoid a similar breach in the future. An undertaking must be accompanied by details of the action taken to implement the ruling. Additional sanctions are imposed in serious cases.

Complaints about the promotion of medicines or other activities should be sent to the Director of the PMCPA, 7th Floor, Southside, 105 Victoria Street, London SW1E 6QT; 020 7747 8880 or by email, complaints@pmcpa.org.uk.

The Authority can also be contacted for informal advice on 020 7747 1415 or 020 7747 1405.