Code of Conduct - Question & Answers

1. Guiding Principles - January 2006

Question 1:
I am looking for clarification with respect to the application of the Guiding Principle which states that "Members' sales representatives may not participate in market research, clinical studies, advisory boards or consultancy arrangements." (Section 1 - p. 4 of 2006 Code of Conduct).   In section 13 on Advisory Board meetings, in 13.7, the Code states, "As the purpose of the activity is to seek consultation, at least one person from Head Office (a non-sales individual) must be present to guide the meeting discussion.  Involvement of any field based sales personnel is prohibited." 

Can you please clarify if this means that no sales personnel (Sales Reps, District Sales Managers, Regional Sales Managers) can be involved in an Advisory Board whatsoever, or does this just apply to actual sales representatives, but it is okay for a District Sales Manager or a Regional Sales Manager to be in attendance?  The guiding principle is specific to sales reps, but the Advisory Board section seems to suggest that no sales personnel whatsoever.

Response:
There is no contradiction between the cited Guiding Principle and Section13. Therefore, “Sales Personnel” should be interpreted in a functional manner, not in relation to title. The intent is to avoid participation of sales personnel having direct sales contact with HCPs i.e. sales representatives and field managers. Upper management from head-office having a strategic role is permitted.