Interaction between pharmaceutical company representatives and healthcare professionals should take place within legal framework

25 April 2012, Moscow. – The Institute of Legislation and Comparative Law under the Government of the Russian Federation presented Legal Opinion on the topic ‘Legal Aspects of Interaction between Pharmaceutical Company Representatives and Healthcare Professionals’. This Legal Opinion was prepared with the support of the Association of International Pharmaceutical Manufacturers (AIPM).

The introduction of Article 74 of the Federal Law ‘On Fundamentals of Public Health Protection in the Russian Federation’ on the 1st of January, 2012 has caused mush discussion and disagreements over its present meaning. Therefore AIPM suggested conducting a comprehensive legal analysis of Article 74. This analysis has been carried out by the Institute of Legislation and Comparative Law – a multi-sectoral centre of legal expertise that provides scientific and legal support for the activities of the Government and other bodies of the state authorities.

This Legal Opinion is especially important and timely for healthcare and society in general, as it defines legitimate forms of cooperation between representatives of pharmaceutical companies and healthcare specialists. Specifically, it explains the format of possible communication between pharmaceutical representatives and the staff of medical institutions, restrictions concerning gifts, the use of promotional products, and drug samples among other things.

One of the most important areas of cooperation between pharmaceutical companies and the medical community are scientific conferences. A detailed Legal Opinion gives practical advice on giving medical specialists the necessary information about drugs and treatment methods – through national and international scientific conferences as well. It means that Russian medical specialists – as well as their colleagues from all over the world – will have access to the most up-to-date scientific developments that will be later used by Russian physicians in their practice.

Talia Yarullovna Khabrieva, Director of the Institute of Legislation and Comparative Law under the Government of the RF: «One of the principal tasks of the Institute is constant monitoring of legislative control over relations in the economic and social spheres. I hope that this comment on one of the legislative details of legal control in public health protection will help explain the meaning of this legal norm enshrined by legislation and define the right relations between the regulatory content and its actual meaning. This in turn, will give an opportunity to guide the parties, subject to the legal statutes (pharmaceutical and medical organizations and their staff) as regards the restrictions set by Article 74 of Federal Law No. 323-FZ dd. 21.11.2011 On Fundamentals of Public Health Protection in the Russian Federation, to harmonize law enforcement practice and to define further areas for the improvement of the legislation in this sphere.”

Vladimir Grigorievich Shipkov, Executive Director of AIPM: “The restrictions introduced by Article 74 of Federal Law On Fundamentals of Public Health Protection in the RF are quite logical and any company sticking to high ethical standards has been certainly trying to follow such restrictions in compliance with its’ internal norms even before the new law was adopted. In our Association, compliance with high ethical standards is additionally stipulated by the AIPM Code of Marketing Practice, a commitment to which is a fundamental principle and a condition for membership. The Legal Opinion presented is important for both the industry and healthcare in general, because – as it is supposed to do – it will allow raising the level of responsibility for all parties of these legal relationships and contribute to the creation of more civilized conditions for the functioning of the Russian Federation pharmaceutical market.”