Code for pharmaceutical industry ‘falls short’

Pharmaceutical companies will be required to disclose more details about their financial ties to doctors under a revised self-regulatory code, but they have resisted calls to name doctors individually or reveal how much they pay them. Medical experts say the latest revision to the Medicines Australia…

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Medical experts say more transparency is needed in financial dealings between big drug companies and doctors. Flickr/e-MagineArt.com

Pharmaceutical companies will be required to disclose more details about their financial ties to doctors under a revised self-regulatory code, but they have resisted calls to name doctors individually or reveal how much they pay them.

Medical experts say the latest revision to the Medicines Australia Code, submitted to the ACCC yesterday, does not go far enough to promote transparency in dealings between the pharmaceutical industry and health professionals. They also criticise the decision not to increase the maximum fine for code offences – $250,000, or $300,000 for repeated violations – regarded by many to be an insufficient deterrent.

Under the revision, which comes into effect in January next year, pharmaceutical companies must disclose aggregate payments to all doctors for consultancies, speaking engagements, advisory duties and sponsorships to attend education seminars. Companies will also be required to publicise payments to patient support groups.

The code includes a ban on drug-branded goods such as mugs and pens, as well as all personal gifts to doctors.

But Medicines Australia said it had decided against mandating the release of all financial links to individual doctors over concerns about privacy, and because the cost of overseeing such a scheme, similar in effect to the Physician Payment Sunshine Act in the United States, would be prohibitive.

Medicines Australia CEO, Dr Brendan Shaw, said the peak body was “serious about maintaining an ethical industry that adds value to the role doctors play in treating patients and curing disease.”

He said Medicines Australia was mindful that disclosing the names of individual doctors could also trigger witch hunts. Instead, it would assemble a working group of representatives from both industries to consider ways to increase transparency.

Some medical experts said the regulatory body was moving too slowly.

“If we don’t name who we’re paying money to, then we’re not really behaving maturely in this area,” said Jon Jureidini, a Professor of Psychiatry at the University of Adelaide who played a crucial role in exposing the illegal behaviour of drug company GlaxoSmithKline in a major case in the US this week. The pharmaceutical group admitted bribing doctors and must pay US authorities $3 billion for fraudulently promoting antidepressant drugs for the treatment of children, without revealing research linking the drug to suicidal thoughts.

“We’ve got to be completely open about what money changes hands down to the dollar,” Professor Jureidini said. “The average fine in Australia is $50,000. That’s not going to hurt a drug company that’s worth hundreds of millions of dollars.”

Ian Kerridge, Associate Professor in Bioethics, and Director of the Centre for Values and Ethics and the Law in Medicine at the University of Sydney, said that although the revision “does continue the incremental improvements in transparency and control of the pharmaceutical industry … there is a continued inadequacy of any type of punishment mechanism within the code.

“And the other thing that disturbs me is the continuing failure to provide absolute transparency regarding the amount of sponsorship money or reimbursement given to individual doctors and researchers.

“Without that transparency, any type of reporting is quite meaningless. They’ve given a commitment to look at that issue, but they’ve been looking at it for an awfully long time. It’s just obfuscation, it’s delaying.”

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4 Comments sorted by

  1. Laurie Willberg

    Journalist

    The answer is very simple. Prohibit ANY financial ties between drug companies and medical practitioners whatsoever as has been done in other countries. Medical practitioners who are really at the forefront of their specialty and are innovators in practise are quite capable of marketing their expertise and skills independently in the marketplace. The notion that pharmaceuticals should be at the forefront of medical practise is nothing more than the drug cartel positioning itself at the forefront and a bunch of pimps going along for the ride.

    report
    1. Gavin Mooney

      Professor of Health Economics

      In reply to Laurie Willberg

      I do think it is time for a really big push to get this particular relationship addressed. While I do not know of any evidence to support this comment (but others might?) I am confident that if a critically informed public were asked to express their views on the behaviour of the industry and of many of the profession, they would support very strong action against both.

      Has the profession not wakened up to the fact that such actions on the part of some of their colleagues are very damaging to the whole profession?

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  2. Ken Harvey

    Adjunct Associate Professor of Public Health at La Trobe University

    Medicines Australia new code (17th Ed) has now gone to the ACCC for authorization and I understand the ACCC will be seeking comment early next week, via:

    http://www.accc.gov.au/content/index.phtml/itemId/1063694/fromItemId/278039

    The issue of increased transparency was raised with the ACCC in 1999 during the authorization process of the 16th Ed of the code.

    The ACCC final determination (3 December 2009) noted,

    http://www.accc.gov.au/content/index.phtml/itemId/880195/fromItemId/401858

    Read more
    1. Stephen Lehocz

      Interested public.

      In reply to Ken Harvey

      I agree. An issue of this importance needs fast attention.

      The GSK crimes have truly staggering consequences. Offenses comprising trial results being withheld, marketing drugs for purposes other than for which they have been approved and misleading the public have horrendous consequences to the to the lives of millions (?) of patients who have had these drugs pushed on them.
      With a staggering $43.000.000.000.00 turnover last year GlaxoSmithKline is a huge moneymaker. As this same company…

      Read more