Code of Conduct - Question & Answers
11. Service
Oriented Items - April 2006
Question 1:
Can we give a pad of paper with 10 small sheets for Dr's to
take notes at a CHE with company logo? Can we also give a pen
for HCP to write notes at a CHE with company name?
Response:
To both questions, the response is no. Section 11 of the Code
of Conduct governs the distribution of Service Oriented Items.
Section 11.2 states “Acceptable Service Oriented Items
are defined as items whose primary goal is to enhance the
health care professional's/patients understanding of
a condition or its treatment.” The Industry Practices
Review Committee has consistently ruled that, among other
items, note pads & pens are in contravention of the Code.
Question 2:
I am hoping to get some guidance about whether or not pedometers
are considered acceptable as a service-oriented item to be
given to patients as part of a branded package to teach about
lifestyle modifications for hypertension and how to properly
use the medication.
As pedometers are a product whose only function is to track
exercise for health promotion, is that considered acceptable
by the Rx&D code?
Response:
Although changes to one's lifestyle may be necessary
to the successful treatment of certain illnesses, it is unlikely
that pedometers adequately satisfy the criteria as set out
in the Code: “acceptable service-oriented items
(SOI) are defined as items whose primary goal is to enhance
the health care professional's/patient's understanding
of a condition or its treatment.” A pedometer
is more of an ancillary object than that of a product of significant
importance to the understanding of a condition or its treatment.
Furthermore, if one were to consider pedometers as satisfying
those criteria, then it would be difficult to distinguish
between pedometers, which measure the number of steps taken,
from diaries, in which patients record their physical activities.
As enumerated in Section 11.2, diaries are not acceptable
SOIs. Likewise, one would expect pedometers to be considered
as an unacceptable SOI.
Question 3:
Re: March Section 11-Q2
In this case, the associated acronyms, pictograms or other
identifiers do not pertain to a product or a brand.
Rather they apply to a therapeutic area which is not brand
specific.
Would the same ruling apply?
Response:
If the associated acronyms, pictograms or other identifiers
pertain to a therapeutic area rather than a product or a brand,
and, furthermore, that these acronyms, pictograms or other
identifiers are widely recognized and understood by persons
in the field to be universal (not company-specific) acronyms,
pictograms or identifiers, which are neither trademarked nor
copyrighted, then it is not likely to contravene the spirit
of the Code. In simpler terms, if these identifiers
are specific to a Member company, then they are not permitted.
Section 11.2 is clear: service oriented items “may bear
the corporate name and logo….”
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