Code of Conduct - Question & Answers

12. Market Research

Question 1:
Can we ask a physician to collect leave behind materials from other pharma companies for our assistance in marketing and pay the customer for their time?

Response:
The Guiding Principles call upon member companies to conduct their interactions with health care professionals in a “highly professional, business like, ethical manner.” Throughout the code, there are provisions which carefully circumscribe the remuneration of HCPs. Section 12 does allow for honoraria to be provided to HCPs “who gather or provide Market Research information…” but within the context of a well-designed Market Research Program. On the basis of the information provided, the collection of leave-behind material appears not to satisfy those criteria. [Members must be mindful of their commitment to conduct & sponsor scientific research within an ethical framework.]

Question 2:
We are planning to conduct a needs assessment for the development of future CHE programs. The needs assessment will be conducted by an independent market research company which will follow the typical market research protocol. In order to maximize the participation of the target audience, it is proposed that the needs assessment will be conducted during a national society annual clinical conference. The questions we want to ask are:
1. Can the market research company staff members (not company sales personnel) facilitate recruitment of respondents and administer set-up and execution of the study at the Company conference booth?
2. Since this is a legitimate needs assessment, can the respondents be remunerated with a $15 gift certificate?
3. If this needs assessment is done strictly on-line (including the recruitment) can the respondents be remunerated with a $15 gift certificate or monetary remuneration?

Response:
It is clear from numerous examples that the Code applies equally to the activities of Rx&D Members and the companies that act on their behalf.  Thus, the Code is still in effect whether or not an independent market research company is conducting the program.

The question can be broken down into four distinct components.  Is it acceptable for an Rx&D Member to (1) pay health care professionals (HCPs) to engage in a market research program, (2) conduct this program at a national clinical conference, and (3) remunerate the participating HCPs with gift certificates?  The fourth part deals with on-line research with remuneration of gift certificates. 

In regard to the first question, Section 12.2.4 of the Code allows for a HCP to be paid to participate in market research, within prescribed limits: “Honoraria offered to health care professionals who gather or provide market research information should be based on rates similar to (and not higher than) their usual rate of pay.”

The second question raises significant problems of perception.  A market research firm sharing a Member's conference booth at a CHE or an event covered under Section 4A.3.7 gives the appearance that the Member is paying HCPs to visit its booth. The Guidelines are clear: “No monetary or other consideration is to be given to HCPs for the purpose of gaining access or influence.” Although Section 12.2.4, permits paying an HCP to conduct market research, Members would be strongly advised not to permit contracted market research firms to carry out their research at an event where the Member has a booth.

The third question is not directly addressed by the Code.  However, there are a number of references to payment of honoraria and rates of pay, none of which suggest a payment in a form other than that of currency.  Payment by gift certificate (of any amount) raises the potential for abuse.  For example, a Member may choose to remunerate HCPs with gift certificates that are only redeemable for the Member's own products.  This could be seen as a form of gaining influence to a HCP, which would be contrary to the Rx&D's Guidelines, particularly the Guideline cited in the second question above.

The fourth question would be analogous to the third question.  Regardless of the medium in which the market research takes place, the principle remains the same.  Payment should be made in currency in order to preserve the independence of the remunerated HCP.