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DoP agrees to continue implementation of UCPMP voluntarily by all stakeholders
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Shardul Nautiyal, Mumbai
August 22 , 2020
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The Department of Pharmaceuticals (DoP) has once again given its green signal to implement the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) voluntarily by the industry. A decision to this effect was taken at a review meeting held by the DoP today with the industry associations.
The meeting was held under the chairmanship of Dr PD Vaghela, secretary, DoP through video conferencing to review the status of action taken on the decision taken during the meeting held on February 17, 2020. In the meeting, there was broad consensus to voluntarily implement the UCPMP by all concerned stakeholders.
The meeting also discussed the hoarding and black marketing of essential drug issues rampant across the country and asked all stakeholders to address it on priority.
DoP secretary urged all associations to give wide publicity of the arrangement made by them to receive complaints. Also they should appoint a nodal senior official for this work. At the meeting, Dr Vaghela directed all pharmaceutical and medical device associations to share a quarterly consolidated report on how they are addressing the concerns of the complainants approaching them and what is the procedure and mechanism they are following.
According to the UCPMP which has been in effect since 2015, no gifts, pecuniary advantages or benefits in kind may be supplied, offered or promised to persons qualified to prescribe or supply drugs, by a pharmaceutical company or any of its agents i.e. distributors, wholesalers, retailers, etc.
“Indian Drug Manufacturers’ Association (IDMA) principally is in agreement with the Government’s view of having a voluntary code of ethics in pharma marketing. IDMA has already uploaded the UCPMP guideline on its website. We have also set up the Apex Committee and Ethics Committee as required by DoP and the compliance has been informed to the DoP. We have also cited some suggestions regarding the code. However, due to disruption caused by pandemic, we agree with the view that the review of code can be deferred until a new normal is attained,” said Dr Viranchi Shah, vice president, IDMA.
According to IDMA website, it has uploaded the UCPMP on its website and has formed two committees— Ethics Committee for Pharma Marketing Practices (ECPMY) for handling complaints related to UCPMP violation and Apex Ethics Committee for Pharmaceuticals Marketing Practices (AECPMP) to review the decisions of ECPMP.
Dr Vaghela in its earlier meeting on February 17, 2020 sought details of both the committees of all the associations along with contact number and procedure of filing complaint, which would be uploaded on the website of the DoP. Organisation of Pharmaceutical Producers of India (OPPI) had earlier mentioned that they follow their own Code of Pharmaceutical Practices (OPPI Code 2019) that is based on the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA).
Expressing his displeasure at the status of implementation of UCPMP, Secretary, DoP exhorted all the associations representing pharmaceuticals and medical devices to implement UCPMP without exception. He also asked the associations to quote exact provisions of laws of other countries as precedence/reference while giving suggestions in respect of UCPMP.
In the earlier meeting held by DoP on December 23, 2019, it was decided that the associations would upload UCPMP on their website and comply with its provisions including formation of ECPMY and AECPMP, uploading details on the websites and submitting quarterly reports to NPPA.
In December last year the All India Drug Action Network (AIDAN) had approached DoP against Novartis for offering inducements to doctors in the form of honorariums for participation in conferences, travel assistance, accommodation, food expenses, all of which are strictly prohibited under the UCPMP as well as the Indian Medical Council (Professional conduct, Etiquette and Ethics), Regulations 2002.
Earlier OPPI had rejected the complaint against the Swiss drugmaker. In January this also the pharma lobby group had hardly taken call on the complaint against AstraZeneca for pursuing unethical marketing practices citing delay in filing complaint. As per UCPMP code, the complaint must be made within three month of breach of code.
According to AIDAN, besides pharma and medical device associations, DoP also needs to seek the views and inputs of civil society organisations and members of the public. Public health groups and civil society organisations have been demanding that the UCPMP, which is voluntary, be replaced with a statutory instrument for regulating marketing and promotion of pharmaceuticals and medical devices.
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