Latest news with #UniformCodeforPharmaceuticalMarketingPractices
Economic Times
2 days ago
- Business
- Economic Times
Rx Name Unethical Practitioners: A medical thriller unfolds in India
Don't hide them behind stethos In an episode that could rival a streaming medical thriller, Department of Pharmaceuticals' (DoP) Apex Committee for Pharma Marketing Practices, under the ministry of chemicals and fertilisers, has found that AbbVie Healthcare India, a subsidiary of the US-based AbbVie Inc, had sponsored international trips for 30 doctors by spending nearly ₹1.91 cr in breach of Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024. The trips were to Paris and Monaco - for an 'anti-ageing conference'. The twist? DoP refuses to reveal the names of these doctors, claiming that it would serve 'no public interest'. Seriously? Under Section 8(1)(j) of RTI Act, personal information can be withheld unless it relates to public activity, or involves a larger public interest. The Supreme Court in 'CBSE v. Aditya Bandopadhyay' (2011) clarified that public interest trumps privacy when the matter involves ethics, misuse of public trust or potential illegality. Exposing medical professionals breaching ethical codes is as public interest-worthy as things can get. These were corporate-sponsored trips in violation of Medical Council of India (MCI) Code of Ethics, now incorporated under National Medical Commission (NMC). It could also be a tax issue. In 'Apex Laboratories Pvt. Ltd. v. CIT' (2022), Supreme Court held that pharma companies can't claim expenses on such freebies as business deductions under Section 37(1) of I-T Act. Any expenditure prohibited by law, or contrary to public policy, can't be deemed a legitimate business expense. Finance Bill 2022 reinforced this, barring deductions for any expense in violation of MCI Code or Clause 7.2 of the UCPMP (Uniform Code for Pharmaceutical Marketing Practices). Under Section 28(iv), any non-cash benefit or perk arising from the exercise of a profession is taxable as 'profits and gains from business or profession'. So, doctors cannot claim these as business expenses, write them off or hide them behind a stethoscope. These are professional receipts, and I-T department expects them to be are these freebies valued by the recipient? Where value is ascertainable, the law mandates it be used. For goods - say, a smartphone - use the fair market value. For services like travel or hotel stays, the actual cost to provider - in this case, AbbVie - must be included. Doctors are expected to report these benefits and maintain documentary evidence, such as brochures, invoices, travel itineraries, etc. There are penalties for wilful concealment.I-T department's investigation wing can legally requisition information from DoP, the sponsoring pharma company - AbbVie, here - and even travel agencies that arranged these foreign trips. If AbbVie failed to report these expenses under Section 285BA (statement of financial transactions) of I-T Act, it could constitute non-reporting of high-value data in hand, under Section 147 (reassessment), if any income (like value of these freebies) has escaped assessment, the assessing officer can reopen past returns. Under Section 69/69B, any unexplained income or expenditure can be added to the doctor's taxable income. Non-disclosure triggers penalties under Section 270A, interest under Sections 234B and 234C, and in cases of wilful concealment, prosecution under Section as a US multinational, could also fall under Foreign Corrupt Practices Act (FCPA). Under FCPA, doctors at public hospitals abroad - in this case, in India - are treated as foreign officials. Giving 'anything of value' - from per diems and conference sponsorships, to charitable donations - with a corrupt intent can trigger civil and criminal penalties in the US. Several global pharma companies have already faced FCPA enforcement for sponsoring foreign trips, or donating to charities run by government we have here is actually a systemic failure to enforce transparency in an area that affects public health, tax revenue and professional integrity. By refusing to name the doctors, DoP is enabling opacity, shielding violators and undermining the credibility of India's regulatory it sends a dangerous signal. The refusal to reveal names is not about privacy. It's about protecting privilege. And when privilege leads to tax evasion and ethical violations, silence becomes a public trust deficit. In this case, what happened in Paris and Monaco shouldn't stay in Paris and Monaco. (Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of Elevate your knowledge and leadership skills at a cost cheaper than your daily tea. 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Time of India
14-06-2025
- Business
- Time of India
Pharma department refuses to name 30 doctors in bribery tangle
Representative image Thirty doctors who accepted foreign travel and hospitality worth Rs 1.9 crore from pharma company AbbVie in Feb-March 2024 have faced no action from NMC because the department of pharmaceuticals (DoP) has refused to make their names public and is yet to forward the names to the commission. The Uniform Code for Pharmaceutical Marketing Practices (UCPMP) bars pharma firms from offering travel or hospitality to healthcare professionals. Though the committee constituted by DoP found the foreign trips for doctors to be a violation of the law in Dec 2024, the names of the doctors had not been sent to NMC till May 8 this year, a response to an RTI application has revealed. Responding six months after receiving another RTI application seeking the names, the pharma department claimed the requested information "involves disclosure of names or personal information and also is not of public interest" and is accordingly not provided under section 8(1)(j) of RTI Act. In May 2024, the department had received a complaint that AbbVie sponsored a pleasure trip disguised as medical conferences to Monaco and Paris, with evidence including flight tickets and hotel bookings. DoP constituted a special audit committee to audit AbbVie and forwarded the complaint to the Ethics Committee for Pharma Marketing Practices of pharma association, Organisation of Pharmaceutical Producers of India (OPPI). by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Apply Now Undo Though OPPI's committee found no irregularities in AbbVie's sponsorship, the special audit exposed "explicit contravention" of UCPMP. DoP's apex committee examined the audit and concluded AbbVie had violated UCPMP. However, in its Dec 23, 2024 order, it let off AbbVie with just a "reprimand". However, in response to an RTI query to NMC in May this year, the panel informed the applicant "the list of 30 doctors is yet to be received by this commission". Ophthalmologist Dr KV Babu, who filed the applications, said, "DoP is shielding the doctors by refusing to disclose names and failing to follow up on its own committee's recommendation." "The only punishment so far is reprimanding the pharma company in a case where the department's own special audit and apex committee found clear-cut violations. Yet, the department is shielding the guilty doctors by refusing to reveal the names and claiming that there is no public interest in making the names public. And worse, they haven't even bothered to implement the apex committee's recommendation that the doctors' names be forwarded to the NMC to take action," said Dr KV Babu, an ophthalmologist and RTI activist who filed the RTI applications with the NMC and the DoP.
New Indian Express
03-06-2025
- Business
- New Indian Express
Medical representatives banned from visiting doctors in central government hospitals
NEW DELHI: The centre has directed central government hospitals, including Safdarjung and Dr RML Hospitals, to not allow medical representatives inside the hospital premises. This is not the first time the centre has issued such a stern message barring pharma companies' from influencing doctors'. In an order issued on May 28, the Directorate General of Health Services (DGHS), Dr Sunita Sharma, said, 'This is in reference to the earlier instructions regarding not permitting entry of medical representatives in hospital premises. In this regard, it is once again instructed that the medical representatives should not be permitted in the hospital premises. The head of the institutions shall give necessary strict directions in the matter to all officials,' said the order, which was marked to Medical Superintendents of Safdarjung Hospital and Dr. Ram Manohar Lohia Hospital, and Directors of Lady Hardinge Medical College and Associated Hospitals and Rural Health Training Centre, Najafgarh. 'Medical representatives may be requested to share recent advances regarding any treatment/investigation/procedure by email or other digital media,' the notice clarified. 'It is requested to take necessary action in the matter and an action taken report may be furnished to this Directorate,' the order further added. Reacting to the order, RTI activist and ophthalmologist, Dr K V Babu said, 'Though I support not allowing medical representatives during working hours, blanket ban on entry is not a welcome decision." Dr Babu highlighted the issue of 30 doctors, who travelled to foreign countries, with the funding of a pharma company to the tune of Rs. 1.9 crore. He said he had filed an RTI on the issue. The DoP in its order, dated December 23, told him that they will share the details of the doctors. But, he said, "they are still sitting over it even after five months. No action against the pharma company was also taken despite the UCPMP code being in place.' The Department of Pharmaceuticals (DoP) last year notified a new code that prohibits pharma companies from offering gifts and travel facilities to healthcare professionals or their family members. The Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 also bans supply of free samples to those who are not qualified to prescribe such a product. However, the Alliance of Doctors for Ethical Healthcare (ADEH) has been demanding that the UCPMP be made mandatory to bring fairness in marketing of the drugs as the industry has failed to comply with the code on a voluntary basis.
Indian Express
03-06-2025
- Business
- Indian Express
Medical representatives banned from entering central government hospitals
Medical representatives will no longer be allowed on the premises of any central government-run hospitals, as per directions issued by the Ministry of Health and Family Welfare. '…Medical Representatives should not be permitted in hospital premises. The head of institutions shall give necessary strict directions in the matter to all officials…action taken report may be furnished to this directorate,' the office order, issued on May 28 by Dr Sunita Sharma, Director General of Health Services, states. A copy of the order is with The Indian Express. The order goes on to add that doctors may request information on any recent advances in treatment, investigation, or procedure by email or any other virtual medium. The recent order is aimed at reducing the influence of the pharmaceutical and medical technology industry on doctors. At present, it is a common practice for medical representatives to not only provide education material and samples at the doctor's office, but also be present in operating theatres when their product is being utilised. The government already has a policy — Uniform Code for Pharmaceutical Marketing Practices — to prevent any unethical practices. A revised version of the guidelines released last year allows pharmaceutical companies to arrange continued medical education workshops as well as give research grants, provided it is done in a transparent manner.
Time of India
02-06-2025
- Health
- Time of India
Medical representatives banned from visiting doctors in govt hospitals
New Delhi: Medical representatives will no longer be allowed to meet doctors directly in central government hospitals , as the Centre has ordered banning their entry in hospital premises, with an eye on putting an end to unethical doctor-pharma nexus . The Directorate General of Health Services (DGHS) has asked government-run hospitals to not allow medical representatives into hospitals; instead, it has said that if they want to share advances regarding any treatment, they can do it over an email or other digital media. In an order dated May 28, the DGHS has instructed the head of institutions to give "strict instructions" in the matter to all officials and ensure strict compliance of the order. "It is requested to take necessary action in the matter and an action taken report may be furnished to this directorate," Sunita Sharma, director general of health service, stated in the order. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like How much do dental implants cost in 2025 (check prices) Dental Implants | Search Ads Search Now Undo The move aims to prevent disruptions and prohibits attempts to influence doctors by gifts or samples, people in the know told ET. "Direct interactions between pharmaceutical representatives and doctors can compromise patient care . The government has, therefore, asked hospital heads to stipulate that any information on a new launch should be communicated via an email," said one person. It is also believed that patients are left untreated as a majority of doctors' time is consumed by medical representatives who visit them to promote products. Live Events "The pharma-doctor nexus is very well known. Government hospitals mostly cater to poor patients who come to these hospitals from far-flung areas. We don't want the time that the doctor should give a poor patient is consumed by a medical representative for his company's benefit," according to one government official. Last year, the department of pharmaceuticals (DoP) notified the new Uniform Code for Pharmaceutical Marketing Practices (UCPMP), aimed at keeping unethical Practices in check. The UCPMP established a framework for communication claims, educational activities, samples and other market initiatives. It laid down what activities are permissible and outlined a complaint procedure involving both industry associations and the DoP. Pharma companies were earlier asked to explain why they need to offer gifts and free medicines as samples to doctors to promote their products, as part of a government's move to review the regulatory framework on marketing practices in the sector.
