Code of Conduct - Question & Answers

6. Donations - July 2005
 
Question 1:
I was wondering if you could help me in an interpretation of the new Code. Last year X announced a medical school scholarship which amounts to $1,000 per year over a five year period for one student at each of Ontario's 5 medical schools, awarded to students who choose to
specialize in Family Medicine.  The schools select the student and recipients are being named now for the 2005 award year. X would like to recognize the recipients at a lunch or cocktail reception we would sponsor at the November OCFP meeting.  We would like to invite the student,
the Deans of their respective medical schools and their chairs of family medicine. We would ask the Deans and chairs to help us present each of the students with a plaque and small token. Attendees from X would be limited to our President and CEO and some of our external affairs folk
(Communications, Community, Government Relations etc.) and our head of Scientific Affairs perhaps. Before I put foreword this proposal at X could you please let me know if this activity would in any way contravenes the new guidelines?

Response:
The event would be OK provided the following:

• The actual lunch or cocktail meets the criteria for hospitality as per the Rx&D Code of Conduct.
• A modest plaque would be acceptable, however a “token” would more than likely be seen as a gift and thus contravene the Code.

Question 2:
I work with a Canadian registered charity that has many physicians as members.  We do work overseas in Africa and always purchase drug packs from Health Partners International.  I recently heard from one of our physician members that it was allowable under Rx&D rules for pharmaceutical representatives to make a donation to cover the cost of those packs. 

Could you please confirm this?  If this is so, are there rules around how exactly one must go about this - i.e. Does the company make the check out to HPI or to the charity?

Response:
According to section 6.1.1 of the Rx&D Code of Conduct, member companies are allowed to make donations to humanitarian organizations, as long as this is not done to gain access to a HCP.  What the humanitarian organization wishes to do with the donation, is not covered under the rules.

Question 3:
I am looking for clarification from Rx&D on the following item:

If a company offers a fundraising grant to a foundation or association, we had been advised that we could not attend.  Please clarify if in fact we can attend but just not sit with the physicians in attendance.  I would suggest a sponsor's table where all can sit together is a good option.

Response:
Please see Section 6.1.2 clearly addresses this question.

Question 4:
During a charity event such as a Foundation Ball where HCPs are in attendance, is it acceptable for a Pharma. Marketing Employee to speak at this event? If so, what are the guidelines regarding the nature of the topics presented during their speech? I am assuming that they can discuss the state of the pharma. industry but can they mention current clinical trials conducted by that organization or mention various products during their speech?

Response:
This would be OK, provided that they stick to topics relating to the pharma industry, and up and coming studies. This should however not be used as a promotional tool, it should also be kept in mind that although HCPs will be in attendance, there will also be non-HCPs in attendance and as such no product should be discussed

Question 5:
A Golf tournament will be held in Montreal to the benefit of a University Foundation. I have an opportunity to play with 2 psychiatrists but they have an administrative role with the University foundation.  I will not buy a foursome, but will only pay for my participation.
My final question is, can I play with these customers in this situation and can I attend a dinner with them in the evening.

Response:
Provided the individual has no say whom he or she plays with this would be OK. However in this case it looks like the 2 psychiatrists have already been identified and as such this could lead to an infraction.

Question 6:
In this activity, physicians pay to attend the X Conference and for their entrance into the X Golf Tournament.  X is a registered charity with Revenue Canada, and all proceeds (after expenses) from the Conference and Golf Tournament go to X.  X does not subsidize physicians in any way to attend either or both events.  Our involvement financially is to pay the honoraria for the specialists that facilitate the small group sessions that go from 8:00 a.m. until 12:30 p.m.  The Golf Tournament goes in the afternoon.  About half of the physicians who attend the Conference enter the golf tournament.  The golf tournament is open to the community at large, and many physicians that did not attend the Conference will participate in the Tournament, paying their own way.

We are the Golf Tournament organizers, and recruit sponsors for golf holes.  Each sponsor pays $400 and we raise a significant amount for X in this way.  X is also a hole sponsor.  To date, other pharmaceutical companies have committed to supporting this event.  The rest of the hole sponsors are businesses and physician groups in the community.

During the dinner, the X physician most recently in X gives a presentation to the group on what life is like for physician families for 6 months on the island of X.  This is X only fundraiser every year

This is our flagship CHE event every year, and is widely regarded by Physicians.  We consistently get 110 - 120 MDs attending the Conference every year, and this year we anticipate 144 entrants into the Tournament.  We are well known for our excellent work with this event, and our involvement is greatly appreciated by local physicians, who look forward to it every year.

Is this activity acceptable? Are there any issues that may be perceived as inappropriate that X may need to consider amending?

 Response:
Since the Code Q/A process is not meant as a pre-clearance mechanism, the member company aware of all the particulars will need to make a judgement on its appropriateness within the written code guidelines.  IPRC potential concerns would be:

Possible Code Infractions if a pharmaceutical company is the driving force behind this event
Re the CHE event:

• The CHE event is not separate from other activities (golfing / fund raising)
• Unclear if this is an accredited event or if it meet the principles of adult learning
• The CHE event does not appear to be the main focus of, and reason for, sponsoring and participating in the event

Re the fund raising element

• If X (the charitable organization) is not the driving force behind the event, I do not believe the event could be considered a fund raising event under the Code