The Department of Pharmaceuticals has released the Uniform Code of Pharmaceutical Marketing Practices 2024, effective March 12, 2024, to curb unethical marketing and promote responsible pharmaceutical product promotion. The code focuses on regulating interactions between doctors/registered medical practitioners (RMPs) and pharmaceutical company representatives. A press release on this code was issued on February 4, 2025.
Key Provisions of the Code
Pharmaceutical companies are held responsible for the actions of their medical representatives and other employees.
The code explicitly prohibits pharmaceutical companies from offering gifts, monetary benefits, or hospitality to doctors and their family members.
Companies must self-declare their adherence to the code and disclose expenditures related to conferences, seminars, and workshops organized for continuing medical education and professional development. Companies may be subject to independent, random, or risk-based audits.
A two-layer complaint process is established, with appeals handled by the Department of Pharmaceuticals.
Penalties for Violations
Pharmaceutical companies found to be in violation of the code may face several penalties, including:
- Public reprimand and publication of details.
- Recovery of money or items given in violation of the code.
- Mandatory corrective statements in the media.
- Further action under existing laws by relevant government departments.
Existing Regulations for Doctors
The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, already outlines a code of conduct for doctors and their professional associations in their interactions with the pharmaceutical industry. Clause 1.5 of these regulations mandates that physicians prescribe drugs using generic names legibly, preferably in capital letters, and ensures rational prescription and drug use. The Medical Council of India has also issued circulars reinforcing these provisions.
Enforcement and Disciplinary Action
The National Medical Commission Act, 2019, empowers State Medical Councils and the Ethics and Medical Registration Board of the NMC to take disciplinary action against doctors who violate these regulations. States have also been advised to ensure the prescription of generic drugs and conduct regular prescription audits in public health facilities.
