Candy, notepads, lunches and “educational” conferences are just a few of the freebies that pharmaceutical reps share when conducting business with physicians and their staff. But Congress has proposed an academic detailing program that’s designed to ensure doctors receive unbiased information pertaining to the actual therapeutic value of a drug being sold, rather than being influenced by pharmaceutical marketing promotions.
Medical centers and schools in the U.S. are already creating their own restrictive policies and guidelines on the interactions between pharmaceutical sales reps and their physicians, faculty, staff and students.
And these restrictions aren’t as basic as they may sound.
These new facility codes of conduct have moved from simple gift bans to restrictions on facility access, consulting arrangements and educational events sponsored by drug companies — and they vary from facility to facility.
It’s been difficult enough for pharmaceutical companies to manage state-to-state sales and marketing restrictions, but now every facility a sales rep visits has its own restrictive code of conduct!
How can a sales rep navigate these multiple regulatory minefields and not get his or her entire company banned from a medical facility or school?
Let John Oroho and Sarina D. Rivera walk you through many of the new restrictions and provide practical tips for compliance. Find out how to deal with this rapidly changing environment, understand the latest rules and ensure they’re being followed.
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John Patrick Oroho is a principal of Porzio, Bromberg & Newman in the Pharmaceutical Marketing and Sales Compliance and Litigation Department. His practice is concentrated in the areas of regulatory compliance and litigation with respect to the Prescription Drug Marketing Act (PDMA), anti-kickback statute, False Claim Act, and Medicare and Medicaid fraud and abuse. John previously served as senior vice president and general counsel for the PDMA Alliance, a national trade association focused on sample distribution and pharmaceutical marketing and sales compliance. He continues to act as outside counsel to the PDMA Alliance.Sarina D. Rivera is an associate of Porzio, Bromberg & Newman and a member of the firm’s Pharmaceutical Marketing and Sales Compliance and Litigation Department.
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