Clause 15 - Representatives
15.1 Representatives must be given adequate training and have sufficient scientific knowledge to enable them to provide full and accurate information about the medicines which they promote.
All provisions in the Code relating to the need for accuracy, balance, fairness, good taste etc apply equally to oral representations as well as to printed and electronic material. Representatives must not make claims or comparisons which are in any way inaccurate, misleading, disparaging, in poor taste etc, or which are outside the terms of the marketing authorization for the medicine or are inconsistent with the summary or product characteristics. Indications for which the medicine does not have a marketing authorization must not be promoted.
Attention is drawn to the provisions of Clause 9.9 which prohibit the use of the telephone, text messages, email, telemessages and facsimile etc for promotional purposes, except with the prior permission of the recipient.
Companies employing or using contract representatives are responsible for their conduct and must ensure that they comply with the provisions of this and all other relevant clauses in the Code, and in particular the training requirements under Clauses 15.1, 16.1 and 16.3.
15.2 Representatives must at all times maintain a high standard of ethical conduct in the discharge of their duties and must comply with all relevant requirements of the Code.
15.3 Representatives must not employ any inducement or subterfuge to gain an interview. No fee should be paid or offered for the grant of an interview.
- Supplementary information
- Clause 15.3 Hospitality and Payments for Meetings
- Clause 15.3 Donations to Charities
- Clause 15.3 Items Delivered by Representatives
- Clause 15.3 Health Professionals’ Codes of Conduct
15.4 Representatives must ensure that the frequency, timing and duration of calls on health professionals and other relevant decision makers in hospitals and NHS and other organisations, together with the manner in which they are made, do not cause inconvenience. The wishes of individuals on whom representatives wish to call and the arrangements in force at any particular establishment, must be observed.
15.5 In an interview, or when seeking an appointment for one, representatives must at the outset take reasonable steps to ensure that they do not mislead as to their identity or that of the company they represent.
15.6 Representatives must transmit forthwith to the scientific service referred to in Clause 25.1 any information which they receive in relation to the use of the medicines which they promote, particularly reports of adverse reactions.
MOST RECENT CASES See all Applicable Code year
15.7 Representatives must be paid a fixed basic salary and any addition proportional to sales of medicines must not constitute an undue proportion of their remuneration.
15.8 Representatives must provide, or have available to provide if requested, a copy of the summary of product characteristics for each medicine which they are to promote.
15.9 Companies must prepare detailed briefing material for medical representatives on the technical aspects of each medicine which they will promote. A copy of such material must be made available to the Medicines and Healthcare Products Regulatory Agency and the Prescription Medicines Code of Practice Authority on request. Briefing material must comply with the relevant requirements of the Code and, in particular, is subject to the certification requirements of Clause 14.
Briefing material must not advocate, either directly or indirectly, any course of action which would be likely to lead to a breach of the Code.
MOST RECENT CASES See all Applicable Code year
15.10 Companies are responsible for the activities of their representatives if these are within the scope of their employment even if they are acting contrary to the instructions which they have been given.
