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Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024

14th March, 2024

Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024

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Context:

  • The Department of Pharmaceuticals announced the implementation of the Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024.

Key Prohibitions:

Gifts and Travel Facilities:

  • Prohibits pharmaceutical companies from offering gifts or travel facilities to healthcare professionals or their family members.
  • Bans supply of free samples to individuals not qualified to prescribe the product.

Pecuniary Advantages:

  • Restricts offering pecuniary advantages or benefits in kind to individuals qualified to prescribe or supply drugs.

Travel Facilities and Monetary Grants:

  • Prohibits extending travel facilities or providing cash or monetary grants to healthcare professionals or their family members for attending conferences or seminars.

Implementation Guidelines:

  • Calls for the constitution of Ethics Committees for Pharmaceutical Marketing Practices (ECPMP) by all associations of drug firms.
  • Mandates the setup of dedicated UCPMP portals on association websites and urges further necessary steps for code implementation.

Promotion and Information:

  • Emphasizes that drug promotion must align with marketing approval terms and must not precede approval from competent authorities.
  • Requires balanced, up-to-date, and verifiable information about drugs without misleading or unsubstantiated claims.

Ethical Conduct:

  • Expects medical representatives to uphold high ethical standards and comply with all relevant requirements of the code.
  • Prohibits the use of inducements or subterfuge to gain interviews with healthcare professionals or payments for access.

KEY FEATURES OF UCPMP IN A NUTSHELL

Some key features of UCPMP 2024 are:

Ethical promotion: 

  • The UCPMP mandates that drug promotion must adhere to stringent ethical criteria. It unequivocally prohibits pharma companies, agents, distributors, wholesalers, and retailers from offering or providing financial advantages or benefits in kind for the personal benefit of healthcare professionals or their families.
  • The code imposes limitations on the provision of travel facilities, including tickets for rail, air, ship, or cruise, and paid vacations to healthcare professionals or their families, except when the individual is engaged as a speaker at an event.
  • Similarly, hospitality such as hotel stays and expensive cuisine is prohibited unless the healthcare professional is participating as a speaker, ensuring fair engagement practices within the industry.

Regulated claims and comparisons:

  • Pharma companies are required to base claims about drug effectiveness on up-to-date evidence. Comparisons between drugs must be factual and fair, without disparaging competitors or their products.
  • Promotional materials, including mailings and journal advertisements, must be clearly identifiable and conform to standards of good taste. They should not mimic editorial content and must provide accurate information about the product.

Professional conduct of MRs:

  • The code sets standards for medical representatives (MRs), prohibiting the use of inducements to gain access to healthcare professionals. Companies are held responsible for ensuring compliance of their employees with the code.

Brand reminders: 

  • Brand reminders, such as informational items and free samples, are permitted within specified limits. However, their distribution is strictly regulated to prevent undue influence on prescribing behaviour.

CMEs: 

  • Similarly, guidelines govern engagement with healthcare professionals for Continuing Medical Education (CME) activities.
  • The framework for Continuing Professional Development and Continuing Medical Education (CME/CPD) events prohibits foreign locations and authorizes medical colleges, professional associations, research institutions, and pharma companies to organize them.
  • Transparency is key, with companies disclosing event details and organizers transparently outlining selection processes. Compliance with the Income Tax Act 1961 is mandatory for all involved parties.

Complaint mechanism

  • Any violations of the code will be addressed by an Ethics Committee for Pharma Marketing Practices (ECPMP) established within each association to ensure accountability and oversight.
  • The responsibility for adherence to the code rests on the Chief Executive Officer of pharma companies. Additionally, companies are mandated to submit annual self-declarations detailing their compliance with the regulations, promoting transparency and accountability within the industry.
  • Penalties for violations include suspension or expulsion from associations, reprimands, or corrective measures. An appellate authority is designated to review decisions and ensure fairness in enforcement.

Conclusion and Significance:

  • The UCPMP 2024 aims to ensure ethical marketing practices in the pharmaceutical industry, safeguarding against undue influence and promoting transparency and integrity in interactions between companies and healthcare professionals.
  • The implementation of the UCPMP 2024 marks a significant milestone in India’s efforts to regulate pharma marketing practices.

PRACTICE QUESTION

Q. Which of the following is NOT a feature under the Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024?

1.Supply of free samples to individuals not qualified to prescribe the product.

2.Prohibits extending travel facilities or providing cash or monetary grants to healthcare professionals.

3.Restricts offering pecuniary advantages or benefits in kind to individuals qualified to prescribe or supply drugs.

4.Constitution of Ethics Committees for Pharmaceutical Marketing Practices (ECPMP) by all associations of drug firms.

Answer 1. Supply of free samples to individuals not qualified to prescribe the product.