[Answered] Do you think that Uniform Code for Pharmaceutical Marketing Practices (UCPMP) can handle the malpractices in the pharmaceutical industry in India?

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Introduction: Contextual introduction.
Body: Explain how UCPMP can handle the malpractices in the pharmaceutical industry in India. Also, write some challenges.
Conclusion: Write a way forward.

The Uniform Code for Pharmaceutical Marketing Practices (UCPMP) is a voluntary code issued by the Department Of Pharmaceuticals that would prevent pharma firms and their agents from plying doctors with gifts and cash to increase their sales and profits. At present, the UCPMP Code is applicable to Pharmaceutical Companies, Medical Representatives, Agents of Pharmaceutical Companies such as distributors, wholesalers, retailers etc.

How UCPMP can handle the malpractices in the pharmaceutical industry in India?

  • No gifts, financial advantages or benefits in kind may be supplied, offered or promised, to persons qualified to prescribe or supply drugs, by a pharmaceutical company or any of its agents.
  • The Code prohibits extending travel facilities(domestic or abroad) and hospitality services to Healthcare Professionals and their family members for vacation or for attending conferences.
  • The Code also provides that free samples of drugs shall not be supplied to any person who is not qualified to prescribe such product.
  • The code permits medical devices companies to collaborate with medical professionals for activities such as consulting services, clinical studies and research, participation in company-conducted training and continued medical education sessions.
  • Promotional materials such as mailings and journal advertisements must not be designed to disguise their real nature.
  • The names or photographs of healthcare professionals must not be used in promotional material.

Challenges:

  • The code is caught up in a tussle between the Department of Pharmaceuticals, which comes under the Ministry of Chemicals and Fertilizers, and the Union Ministry of Health.
  • It is still a voluntary code and not legally binding on companies.
  • It has been found that these rules are being flouted without any major repercussions.
  • It falls upon pharma associations to enforce the code and they don’t have the power or the incentive to punish erring firms.

Way forward:

  • The code must mandate periodic disclosures of payments made by companiestowards doctors and professional bodies, directly or indirectly via other parties.
  • The Government should consult all stakeholders, National Medical Commission, Doctors Associations and Pharma Companies etc. to establish a comprehensive framework to check such unethical practices.
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