Rep’s shotgun request misfires
pharmafile | October 28, 2010 | News story | Sales and Marketing | ABPI Code of Practice, PMCPCA, Sanofi-Aventis
Sanofi-Aventis has been found in breach of the ABPI Code over the conduct of one of its representatives in relation to a shotgun licence.
The case revolves around an “inappropriate” discussion that the rep is alleged to have had with an anonymous consultant in a practice’s cardiology reception area.
While discussing Clexane (enoxaparin), the Sanofi employee asked if the consultant would sign a character witness statement to obtain a shotgun licence.
However, the manufacturer questions this version of events, saying the rep had made clear in advance that the appointment with the doctor was only to get Section D of a shotgun licence renewal form signed.
While waiting to see that doctor, another he knew had started to talk to him – and it was the second doctor who in fact ended up signing the form.
After signing, this doctor had asked questions about Sanofi products, which the rep answered. He also arranged for a colleague to call and answer another.
There was no dispute that the form had been signed and Sanofi’s products had been discussed – and the PMCPA, which enforces the Code, was concerned about the impression this public exchange may have given.
Clause 15.2 of the Code says reps “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”.
The rep was deemed to have failed to maintained this high standard in relation to his meeting, with the panel querying whether it was ever acceptable for a rep to ask a health professional to sign such a form.
It decided that Sanofi had breached clause 15.2 because the meeting had not been pre-arranged, it took place in a public and formed part of a promotional call.
The panel said that while reps would build close relationships with doctors, clear distinctions should be kept between private and business dealings and they should be aware of how their conduct looked to others.
Sanofi did not appeal the decision.
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