ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(SHRI ASHWINI KUMAR CHOUBEY)
(a) & (b): The Uniform Code of Pharmaceuticals Marketing Practices (UCPMP) announced by the Department of Pharmaceuticals in December, 2014 which is in operation since 01.01.2015 for voluntary adoption by pahrma industry provides that the manufacturers should not use any unethical practices for luring doctors to boost sales of their products.
In certain cases, complaints have been received by D/o Pharmaceuticals against some pharmaceutical companies for using unethical practices for promoting their products. These complaints were examined and suitable action was taken by that Department as per the provision of the Uniform Code of Pharmaceuticals Marketing Practices (UCPMP).
Further, Clause 6.8 (Code of Conduct for doctors in their relationship with pharmaceutical and allied health sector industry) of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 prohibits doctors from taking gifts, travel facilities, hospitality and case or monetary grants from pharmaceutical and allied health sector industry. The said regulation empower the Medical Council of India and respective State Medical Council to award punishment to a doctor against any act in violation of code of Ethics.
(c): In order to promote the use of generic drugs and make available quality generic medicines at affordable prices, ‘Pradhan Mantri Bhartiya Janaushadhi Pariyojana’ (PMBJP) was launched by the Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in the country. At present, 4571 PMBJP Kendras are functional in 35 States/UTs of the country.
Further, the Ministry of Health & Family Welfare has taken various regulatory measures to promote and ensure the quality of generic medicines. These include instructions to Licensing Authorities to grant/ renew licenses to manufacture for sale or for distribution of drugs in proper/generic names only, amendment in the Drugs and Cosmetics Rules, 1945 for making it mandatory to grant license for a drug formulation containing single active ingredient in proper name only, and inclusion of provision in the Rules, 1945 for submission of the result of bioequivalence study alongwith application for grant of manufacturing license in the case of certain drugs and also provision for joint inspection of manufacturing establishment by the Drugs Inspectors of Central Government and State Government.
Medical Council of India (MCI) has notified an amendment in Clause 1.5 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which stipulates that “Every physician should prescribe drugs with generic names legibly and preferably in capital letters and he/she shall ensure that there is a rational prescription and use of drugs”. Medical Council of India vide its Circulars dated 21.04.2017, 22.11.2012 and 18.01.2013 has reiterated that all physicians should prescribe drugs with generic names. Instructions have also been issued to all the Central Government Health Scheme (CGHS) Wellness Centers to ensure that prescription is only by generic name wherever generic drugs are available.
(d): As per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, a Physician should participate in professional meetings as a part of Continuing Medical Education (CME). In order to enhance professional skills and to update their medical knowledge, such CMEs must be attended by medical practitioners for at least 30 hours every 5 years, organized by reputed professional academic bodies or any other authorized organisations.
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