Healthy Skepticism Library item: 17689
Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.
Publication type: Journal Article
Medical Council's ban on 'Freebies' being flouted by overt and covert means
MIMS 2010 Apr 30;
Abstract:
Ever since the Medical Council of India (MCI) banned doctors from accepting
gifts, free lunches, “freebies” and facilities from pharma and healthcare
industry, some companies have openly induced the medical profession to
disobey the directive. Others have used fake, “letter-head-only” entities to
act as their proxy.
In the second week of April an unknown body calling itself “Udaan Diabetes
Care Foundation” organised “Regional Insulin Summit Meet – North” at Fortune
Grace Hotel, Mussorie where over 50 rooms were reserved. The room tariff of
this ultra luxurious hotel is Rs. 5,500 per room per night. Who picked up
the tab and also paid for the transportation of the chosen few?
Bangalore-based Novo Nordisk which sells insulin! Some time ago, the same
company had distributed thousands of copies of a glossy, four colour
publicity booklet under the title “Levemir: Indian Experience” which carried
the photographs and endorsements by 63 diabetologists in violation of the
MCI rule (6.1) which clearly states “A physician shall not give….any
approval,….endorsement with respect to any drug, or any commercial
product.”
Other companies have openly sponsored doctors to go on foreign jaunts
despite the ban. A few examples:
- Piramal Healthcare took some 200 diabetologists to Turkey in late January
followed by a batch of oncologists in mid March to the same destination.
Some of these travellers are now facing investigation by MCI.
- Dr. Reddy’s Lab paid for about 200 doctors to visit Hyderabad in January.
When questioned, the company offered a strange explanation: it was acting as
per the advice of the Organisation of Pharmaceutical Producers of India
(OPPI). The organisation not only denied the claim but pointed out that Dr.
Reddy’s Lab was not even a member of OPPI. The company then went into
silence mode!
- Navi Mumbai-based Wanbury dispatched some 100 doctors to Dubai in mid
February and put them up at luxurious Dhow Palace Hotel. The package tour
was handled by Cox and Kings at a cost of about Rs. 40,000 per person.
- Lupin held an all expense paid promotional event at Indore in late
February and reserved rooms in three luxurious hotels (Sayaji, Amar Vilas
and Landmark Fortune) for obliging doctors mainly from Madhya Pradesh. MCI
is believed to be in possession of some names.
- MCI has received information on Macleods having dispatched just over 90
doctors to Bangkok in the third week of February and an additional 100
doctors to Dubai in early March.
The new MCI directive disallows acceptance of gifts by doctors. Despite this
ban, Ahmedabad-based Troikka has reportedly distributed some LCDs. Acting on
a tip off, MCI is investigating the case.
MCI can hardly expect any help from the pharmaceutical companies since they
are the ones who are inducing doctors to defy the directive. However MCI is
not powerless. Even when few cases of violations come to the notice of MCI,
it can offer leniency to those who are caught in exchange for help to nab
all other violators. There is a specific provision in the MCI Act which
encourages doctors to “expose, without fear or favour, incompetent or
corrupt, dishonest or unethical conduct on the part of members of the
profession.”
The Council has already approached the Health Ministry to empower the Drugs
Controller General, India (DCGI) to take action against companies that
induce doctors to violate the law. Even more effective will be a new
provision in the income tax laws to disallow all expenses incurred by the
healthcare industry that are in violation of MCI regulations.
