Dáil Éireann Debate, Tuesday - 15 November 2016
620. Deputy Róisín Shortall asked the Minister for Health his views on the appropriateness or otherwise of the pharmaceutical industry providing payments to doctors within the public health service; his views on whether such payments constitute a significant conflict of interest; his views on the Government policy in this regard; and if he will make a statement on the matter. [35173/16]
View answerI am aware of recent media reports on this issue and have asked my Department to consider whether any additional guidance or measures may be merited, in order to ensure that the public interest is safeguarded in all respects. I have also asked the Director General of the HSE to remind all senior health service staff of their legal obligations, particularly under the Ethics in Public Office Acts and also of their obligations under the Code of Practice for the Governance of State Bodies and to consider whether any additional guidance may be merited in respect of interaction between individual employees, their employing authority and commercial interests.
It is important, nonetheless, to appreciate that that engagement between clinicians and the pharmaceutical industry is a necessity and is central to excellence in clinical care as well as research. Such engagement must of course comply with the relevant regulations, ethical guidance and public service codes of conduct.
The Medicinal Products (Control of Advertising) Regulations 2007 govern the advertising of medicines, and provide for a range of restrictions on gifts, hospitality and sponsorship of meetings. For example, a gift must be inexpensive and relevant to the practice of medicine or pharmacy. Hospitality must be reasonable in level, strictly limited to the main purpose or scientific objective of the event, and not extended to persons other than health professionals. Health professionals are also prohibited from soliciting or accepting any prohibited inducement, hospitality or sponsorship. Breaches of the Regulations may be prosecuted in the courts under section 32 of the Irish Medicines Board Acts 1996 and 2006.
Regulation of the medical profession is undertaken by the Medical Council, which updated its Guide to Professional Conduct and Ethics for Registered Medical Practitioners in May 2016. While the Guide is not a legal code, it sets out the principles of professional practice and conduct that all doctors registered with the Medical Council are expected to follow.
The Guide advises that doctors "should not accept gifts (including hospitality) from pharmaceutical, medical devices or other commercial enterprises". However, it further states that this does not prevent practitioners attending educational meetings or receiving payment of reasonable fees for professional services to commercial enterprises". The Guide directs doctors to tell patients and any other relevant party about any professional relationship they may have with pharmaceutical companies in order to show that they are acting without influence from commercial enterprise. It also gives advice on how any funding received should be channelled to avoid conflict of interest.
All State Bodies under the aegis of my Department, including the HSE and voluntary hospitals established under the Health (Corporate Bodies) Act 1961, must comply with relevant legislation such as the Ethics in Public Office Acts 1995 to 2001, which set out statutory obligations that apply to Board members and public sector employees. In addition, they must comply with the Department of Public Expenditure and Reform’s Code of Practice for the Governance of State Bodies.
