Revised PhRMA Code Now in Effect
A revised Pharmaceutical Research and Manufacturers of America (PhRMA) Code on Interactions with Healthcare Professionals took effect 1/1. Attorney Faraz Siddiqui (Hyman, Phelps & McNamara) says many of the code’s changes involve drug manufacturer practices covering speaker events, including meals, choice of venue, and attendance.
Writing in his firm’s FDA Law Blog, Siddiqui says that although the code is voluntary, companies should consider updating their marketing policies and practices to align with it. He notes that the revision incorporates the latest guidance from the HHS Inspector General, including an 11/2020 special fraud alert outlining the Inspector General’s enforcement focus on speaker programs.
Another reason to update company policies, Siddiqui writes, is that several states have adopted or incorporated the code in their laws or regulations and may have a manufacturer obligation to update their practices.
“Given these state requirements,” Siddiqui concludes, “following the PhRMA Code is not only an approach to mitigate litigation risk, it is an explicit requirement for manufacturers that interact with healthcare practitioners in a state that has adopted or incorporated the code.”