Hugh Davis
The giving of gifts to physicians as a promotional strategy is an aspect of pharmaceutical promotion that bears mentioning. Gifts to physicians from pharmaceutical companies are common and controversial. Although relationships between the industry and the medical community have resulted in important benefits for patient care, in recent years, however, many troubling practices have occurred. As a consequence the appropriateness of some of the gifts that are given to physicians by companies in the pharmaceutical and medical equipment industries has been questioned.
It is important to first distinguish between the different types of gifts that are generally provided because not all types of gifts will always cause inappropriate effects or consequences.
In the medical-pharmaceutical sector there’s a strong competition between equivalent or similar drugs. Pharmaceutical companies therefore try to persuade physicians about their products and try to establish a ‘tie of confidence’ between them and the physicians by means of a system of incentives via the principle of reciprocity, ‘do ut des’.
Generally, gift-giving practices can be subdivided in three main categories:
The first group consists of a whole range of small gifts, pecuniary advantages or benefits in kind. Some of them are small and inexpensive gifts such as ballpoint pens, penlights, note pads, coffee mugs, diaries, calendars, puzzles, etc. … upon which is often printed the name of the company or one of its products. Sometimes more valuable gifts are offered, such as subscriptions to (medical) journals, champagne, CD-players, cellular phones, stethoscopes, fax-machines, radios, camera’s, tickets for cultural, gastronomic or sports events, flights, vouchers or even cash.
Companies also (co-)organize or sponsor medical conferences, or invite physicians to dinners at which presentations are held. They often subsidize the participation, travel and lodging expenses, sometimes even for the participant’s partners. These meetings are typically held at attractive locations, often for a weekend of presentations, meals, recreation and entertainment, all or largely at company expense. It’s also mostly a public secret that some of the speakers at some of these conferences are listed on the pay-roll of the sponsoring drug firm (Often termed a “MOL”, Medical Opinion Leader). When the speakers are selected by the company, there are those who seriously doubt the objectiveness of the presentation, certainly when that speaker is on the pay-roll of that company. Sometimes physicians-attendees receive a fee to compensate for their time. In doing so, the companies indirectly defray the costs of the conference or meeting: the physician will initially have to pay for the meeting, conference or dinner, but afterwards he gets a ‘honorarium for the time spent’, which is nothing more nor less than a disguised compensation for participation, travel and accommodation expenses.
Finally there is the practice of gifts or cash to compensate for the performance of clinical studies. Gift-giving here comes attached with strings: the physician has to set up a study, spend time and energy to the study, has to analyze the results, might have expenses, etc. … Rather than a being profit, the gift here serves the purpose of remuneration.
Gift-giving practices towards physicians provoke heavy discussions between advocates and opponents. For the sake of convenience the arguments in favour of gift-giving practices can also be reduced to three major points.
First of all, according to a liberal vision, gift-giving practices are nothing more nor less than a promotional instrument and promotion is omnipresent in our modern society. The advocates find it inexplicable that such a common attempt to influence consumers is generally accepted, but towards physicians it is deemed to be unethical and even legally prohibited.
Secondly, the advocates claim that acceptance of gift-giving practices towards physicians would not be as a harmful (for health care, for patient care, for society,…) as is often contended by opponents. The advocates claim that there is no high quality scientific evidence that the prescription behavior of physicians is in fact influenced by the gifts from the pharmaceutical industry. They say that physicians are intelligent enough and experienced enough to ensure that patient welfare prevails. The physician has no interest in prescribing an inferior drug to a patient, only because of a pharmaceutical firm’s generosity, since patients will only return if they were carefully treated. There is no evidence that physicians knowingly or intentionally compromise their patients’ care as a result of gifts from industry.
Finally, the advocates believe that we should not lose sight of the fact that many gifts from the industry to physicians result in significant benefits to patients and health care, by serving educational purposes. For example, books and medical conferences contribute to the education of physicians, and meals at medical meetings or conferences provide a forum for colleagues to exchange information.
Opponents on the other hand point out to the specific nature of the profession, of which the key element is the tie of confidence between physician and patient. The profession needs to be distinguished from pure merchandising, since physicians not only enjoy the patient’s confidence, but the confidence of the entire society. Patients should be confident that they are receiving their physicians’ best care, uninfluenced by personal or financial benefits or by the interests of third parties.
But, according to the opponents, it is not only because of the honorable character of the profession, with which commercial principles are hard to combine, that gift-giving practices should be condemned. This strict vision states that even when gifts from the industry have no actual effect on a physician’s prescription behaviour, there might be a public impression of impropriety, especially if the gifts are of substantial value, which might undermine the trust of the public that physicians are above all dedicated to the welfare of their patients. Because of their social role physicians must not only act in an objective manner and be independent of direct or indirect financial incentives, they also must be seen to be independent.
Also, according to the opponents, although there are no published randomized trials to show that gifts have an adverse impact on prescribing there is good observational evidence to show that gifts can influence prescribing. The opponents also claim that gifts may mobilize subtle influences that create social relationships with real obligations. No company gives away its shareholders’ money in an act of disinterested generosity: The industry invests in promotional activities because promotions increase sales. The industry does not intend to offer free lunches that are really free of any obligation.
Pharmaceutical companies expect that by giving presents physicians will be ready to return a favour: the ‘do ut des’-principle, or ‘norm of reciprocity’. The most obvious way to fulfill this ‘social obligation’ is by being more responsive in granting interviews with sales representatives, or by changing prescribing behaviour. The opponents enforce this “social obligation argument” by pointing out at two conclusions of common sense. One is that, if pharmaceutical companies’ investments in gift-giving practices were not efficient, they would be wasting company resources, in which case they would cease these forms of marketing and promotion. The other is the conclusion that physicians remain skeptical towards the so-called ‘generic drugs’: although generics are identical to the brand drugs and are accompanied by guarantees as to their quality, so that there is no ‘reasonable’ argument not to discuss this alternative with the patients. According to recent statistics only 1% of all prescriptions of physicians are for generics.
Since from the point of view of the opponents there is influence on the prescription behaviour of physicians, albeit as a vague social obligation to return a favour, they also draw the attention to the fact that, although physicians are unlikely to knowingly compromise their patients’ care by using inferior drugs, it has indirect negative consequences for the patient as well as for society. The expenses pharmaceutical firms make for their promotional gifts or sponsorships are passed on to the public throughout the price of the drugs. In effect, then, patients may be paying for a benefit that in some cases is captured primarily by their physicians. Combined with the possibility of over-consumption because of altered prescription behaviour of physicians, this may lead to a serious drain on the resources for health care, because of the system of reimbursement. The opponents see this as misuse of public money.
As to the argument that gift-giving also serves educational purposes, either by sponsoring conferences or by giving medical books or journals, opponents rarely deny the need for physicians to receive the broadest possible exposure to new and different health care products nor the need to stay abreast of advances in medicine. They do however have questions about the educational value of some of the organized conferences and of the information published in medical journals. A company that donates funds for a conference may want a role in shaping the program, for instance by selecting speakers from its own panel of experts, selected for their knowledge and experience in the use of the company’s products. When companies schedule speakers that are on their pay-roll, these experts may show bias with regard to use of company’s products, thereby undermining the objectivity and impartiality of the educational event. Also when a meeting is not primarily, in both time and effort, dedicated to scientific presentations, it is difficult to view the meeting as serving a legitimate educational purpose. The same goes for the information (comments, studies, etc. …) concerning medicinal products in medical journals: for a journal to be of value, it must publish authoritative, up-to-date information that is free of commercial influence. Therefore financial associations of authors (often MOLs) should be disclosed so that readers will be cued to the possibility that the published articles were influenced by those financial associations.
Whatever your position on this issue, it is important to keep in perspective the fact that disallowing such practices will only serve to further raise the cost of drugs which will have a direct impact on patient availability.
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Hugh Davis is a Senior Instructor , Kriger BioPharmaceutical Training Program http://www.kriger.com/training/ , info@kriger.com