Code of Conduct - Question & Answers

4a. Continuing Health Education - October 2005
 
Question 1:
I am looking for some information related to interpretation of the Code of Conduct. I am dealing with a pharmaceutical company who claims that they are not permitted ("by Health Canada") to provide an unrestricted educational grant or sponsor a (non-pharmacological) speaker at the X, because their analgesic product does not have a pediatric indication. The same product is licensed for pediatric use in the USA and elsewhere, and is used appropriately for children in Canada. I presume they are not proceeding with Canadian pediatric labelling for financial reasons only, as some of the pediatric safety and efficacy trials were done here.

I have some understanding of their argument, but my non-physician colleagues are in shock at what they see as cynical and anti-social behaviour on the part of the company. This is the major international meeting on pain in childhood. It is attended by not only physicians, but also nurses, psychologists, physiotherapists, neurophysiologists, and a wide variety of other disciplines, all of whom are devoted to improving child health. Industry sponsorship is very important to make the meeting viable, but so few drugs are labelled for children that this apparent requirement to have a labelled product related to the population under discussion makes this almost impossible.

As I read the Code of Conduct, I do not see anything that would prevent a company from providing an unrestricted grant or from sponsoring, for example, a speaker who was talking about a completely unrelated subject (e.g. psychological management of procedure pain), as long as the event was appropriately accredited for CHE. Can you clarify this for me?

Response:
It is unclear from the text above whether or not this event is accredited for CHE. Assuming this is a CHE event, please be advised that Section 4A of the Code stipulates the regulations in regards to CHE events. Member companies must also respect the Pharmaceutical Advertising Advisory Board (PAAB) Code as well as Health Canada's guidelines. We invite you also to consult the document entitled “The Distinction Between Advertising and Other Activities” at the following Web site for additional information on drugs not approved for distribution in Canada: http://www.hc-sc.gc.ca/dhp-mps/advert-publicit/pol/actv_promo_vs_info_e.html. Rx&D member companies are free to decide whether they want to financially support a CHE or not.

In the event that this is not a CHE event but rather a solicitation for corporate sponsorship, please refer to Section 6 of The Code.

Question 2:
I was wondering whether Rx&D has any guidance with respect to sales representatives distributing to healthcare practitioners invitations to CHE events that meet the requirements set out in section 4A of the Code.

It appears that company representatives can attend CHE events provided that they follow the standards and guidelines referred to in section 4A.3.6. Is it acceptable for sales representatives to be involved in the logistics of setting up such programs? In particular, can they arrange for the venue, refreshments, etc.?

Response:
Please refer to Section 8.1.1 of the Code of Conduct. It is upon the member company to gauge compliance with the General Principle set out in Section 8. Companies should be mindful of what an objective observer of such activities would consider acceptable and reasonable in the circumstances.