FierceHealthcareFierceHealthITFierceHealthFinanceFierceEMRHospital ImpactFierceMobileHealthcare   FiercePharma

Reader feedback: Is limiting industry gifts a smart policy?

Tools

Arguments in favor of Stanford’s policy

Gifts are a way of gaining preferred access and gifts are given to receptionists and nurses and others medical staff for the same reason--essentially bribing a company to get to see the doctor. With no gifts to influence access to doctors, doctors themselves can select the products, devices and techniques as well as the detail personnel who they wish to invite in to advise them of new developments. Why should access be gained by the highest bidder? – Anonymous

I strongly endorse the move to limit gifts to physicians. In the short term it will limit marketing costs for the companies and eliminate the biasing of physician opinion by flashy marketing campaigns. In the long run it will drive the expansion of CME type programs, sponsored by state health authorities/insurance companies that will provide balanced education on new therapies. It will also eliminate the incentive for companies to invest precious R&D dollars on marginally incremental innovations that cannot be supported on the basis of scientific evidence. It is a shame that this move has not been adopted sooner by a larger number of institutions. - Swami Subramaniam, M.D., Ph.D

Dr. Wei needs to take a look at his confusion concerning personal entertainment and his professional development…As with a lot of physicians, he is expecting freebies for his personal life. Dinner meetings with non-industry guests are social events, not professional development. Part of the due diligence a doctor owes himself (and the profession) includes making sure he stays on top of developments in his field. If he can only make meetings during family time and must bring his wife, it is a very simple matter to pay for her dinner on his own. - Anonymous

Arguments against Stanford’s policy

I think the whole attitude is a bit "Ivory Tower.” I feel fortunate to have open discussions with most of the drug reps I see. They will get information for me whenever I ask and having starter samples for paying patients and lots of samples for pro bono patients is a rational tradeoff. Some of the marketing money is not well spent, I agree. Pharma sponsored dinners are one way of seeing my colleagues and hearing the opinions of very competent doctors. - J. Reed, D.O.

I agree with Dr. Wei completely. The interaction between Pharma and MD’s is already limited by the AMA guidelines which are much too stringent as it is. These industries should be able to interact and exchange information freely at least according what the AMA has already implemented. Anything more restrictive is simply intellectual fascism. - Douglas J. Krell, M.D.

If the pharmaceutical industry wants to announce a new drug or product, what is wrong with it? In this process, if a doctor has to stand by and listen to five to twenty minutes of infomercial, why not reimburse that doctor in some way? Doctors are humans and potentially corruptible. Fortunately, most of us do not see a link between a trinket (including pens, paperweights, “take out Chinese food for office staff,’ a flashlight or measuring tape) that is left in our office as an inducement to prescribe a drug! The pharma sales people would have to come up with some method of reminding the doctor of their product. Between a highly decorated university professor talking about a drug over a dinner meeting and the pharma reps seeing me for a few minutes, dropping off what they think is relevant literature and a PDR insert with a few baubles, I would have more trust in the latter. Most sensible doctors can look through the haze of advertising and would look at the Medline, journals or Google to get more info in any case. This is more than just an ethical issue. For doctors practicing in the trenches, generous medication samples mailed in by drug companies or left behind by reps helps a lot of poor patients. Many times I have sent home a patient with a low paying job (not eligible for Medicaid or drug company indigent program) with samples of expensive drugs when it meant life or death or even worse choosing between a meal for family or the medications. Drug reps are pushy, flamboyant and try to sell their drug. Like actors, they get paid for their performance. They are just doing their jobs.

Where we really need regulation is in pricing of drugs, and the scams like Part B, which effectively removes any incentive for meaningful indigent care programs. There should be strict regulation of doctors who are paid to speak on behalf of pharmaceutical products (a.k.a. “Thought leaders”), as they don’t look too bright in this role and it makes them less respectable. They have the sinister power to influence costly prescribing habits. In this case, simple disclaimers before drug-dinner talks is not OK! - Narayanachar S. .Murali, MD, FACP. FACG

I feel that limiting industry gifts is a misguided, though well-intended, notion. I agree that pharmaceutical reps have significant influence on physician prescribing patterns, but, honestly, many physicians learn about new drugs only through this means. Busy providers of primary care--family physicians, pediatricians, general internists--do not have time to read all the studies, and spend time away from their practices at CME conferences. I worked with an inner city health management program for several years, and if it wasn't for the samples and the educational materials offered by the pharma reps, our efforts would have not been as successful. These practices relied on samples to provide routine meds to their uninsured and underinsured patients. I totally agree that there are many instances of overstepping the boundaries with pharma incentives offered to the subspecialty physicians--elaborate trips, event tickets, etc., but to take away sampling from is not the answer. There should be a happy medium out there somewhere. - Susan Thomas, MHSA
Since the advent of managed care, doctors have been told they are not good business people and should adopt the principles of American business. This has become more compelling as reimbursement rates have dropped, authorization and payment procedures have become immensely more complex, and retroactive 'take-backs' have all reduced income by 30 to 60 percent per unit of work. As doctors have responded to these 'market demands' (driven more by insurers than by the public), and have become more business-like, the public does not like it. They want a caring professional who values their needs more than money.

Enter the Pharma: Of course they try to influence doctors. And of course some succumb. This is true in all American business. Most non-medical businesses thrive on the gifts, dinners, golf games, outings and other perks given to decision-makers by sales, marketing and lobbying people in their industry. I think we are held to a double standard: We must be professionals when our patients, insurers and regulators want us to be held to the highest ethical standards. And we must be business people when they want us held to those standards…

Let he who is without conflict-of-interest cast the first stone. Get real America. Doctors cannot do their best work in the current climate, let alone with Medicare and the other carriers offering cuts of 4 to 5 percent each year. Does a free dinner and a canned talk about a medication make me a slave? - Jerome M. Schnitt, M.D.

An outside perspective

I’m not in the industry, but I have pharma clients and my daughter was a specialty drug rep for a major pharma firm. Based her "war stories" there are two types of doctors:

1) Those for whom a dinner is nice to have, but isn't anything special. The dinner, especially with other doctors opens up dialogues about the drug, its efficacies, and allows the doctors to have a night out and share their "war stories.” Now they have to call these dinners continuing education, and the education has to be provided by a "third party" non affiliate of the drug company. My daughter could arrange the dinner and speaker, but couldn't speak. This seems stupid considering that the doctors may have some questions of a medical or research director.

2) There were actually some doctors who suggested you contribute to a "camp fund." My daughter caught on immediately and would not participate. She fortunately realized the "camp fund" wasn't for some program for disadvantaged children, but for the doctor’s own children. She also had some physicians stating that if a Mont Blanc pen showed up on his/her desk, more scripts might be written. In both cases there were pharma companies who would bend to the request. The new rules eliminate this "gift" abuse.

Doctors are being shortchanged, but doctors shouldn't be in business. Every industry has its "sleaze" factor. Unfortunately the rules have been changed to meet the Sleaze Factor, but this also hurts the concerned physician. - Scott M. Taylor

Bookmark and Share
Get Your FREE FierceHealthcare Email Newsletter:
Be the first to comment

Comments

Dear Anne & Maureen
I wrote to you previously on this topic and I do not need to re-state my position. The UC Davis is not different. The only additional issue is the intolerance of the opposing point of views. It is well known fact that if you get a group of physicians in a room, you would not get an agreement on almost any issues. But when a physician enters a position of power, he or she thinks that he or she has such superior idea that he or she can push their personal point of view on everyone else. This applies to Dr Garen Wintemute. I respect his right to decide for himself on this matter, but when he wants to dictate his view point on the rest of UC Davis, instead of leading by examples, it gives an portrait of intolerance within the Physicians at UC Davis.
May be he should start with Do as I do, and not as I say and vote with his feet, rather than using his Position of Power to dictate his point of view.

I have just finished reading Paul Starr's 1982 book "The Social Transformation of American Medicine" where he describes how the medical profession got rid of marginally useful and harmful remedies back in the late 19th and early 20th centuries.

Doctors invented a concept "Ethical Medicines" defined to be preparations whose ingredients are disclosed, and which are marketed only to physicians. Yes, they did this to prevent the patient treating himself (thereby depriving the doctors of a fee), but they were also genuinely concerned about the safety and efficacy of the medicines, and rightly so.

Except for so-called "supplements" the disclosure part is now taken care of by the FDA. What's left is the question of the target market.

How `bout this: "If you want to market to our group at all, stop doing DTC marketing. Otherwise no thank you."?

Is it perfect? Heck no. But I think its better than what's going on now. If there are groups who want to adopt a Wal-Mart style strategy that limits the activities of the reps, more power to `em. But drug makers are the best source of information about their own medicines. Its foolish to cut them off entirely.

The sampling argument is unconvincing, especially with $4 generics and the possibility of an in-office dispensing program. If there are medicines having no good theraputic substitute and too expensive for patients, another solution should be found. I can imagine a credit-card looking thing the doc can give to an impoverished patient to take to the pharmacy for a starter supply, and at the same time apply to the pharma's assistance program. Having gobs of samples around will influence prescribing patterns. Which of course is why the reps leave them.

t

Maybe now the pharma companies will take the billions they are spending on "educational" programs, recruiting cheerleaders and other talking heads that sell their products and loiter in the halls ostensibly for a signature and put the money to better use. I can think of a few: Lower drug prices and more indidgent product for the needy.

I have seen the pharma reps first hand, when I worked in Oncology. I agree that there are some doctors who succomb to the "sleaze factor" - we are all human,yes? However, the vast majority I have observed are genuinely interested in what clinical trials have been held, how the efficacy of the new drug compares to the old one, etc. not what gifts they have to bring. As some of the others have pointed out, samples assist patients to try a new medicine for a few days to ensure that it works, prior to the insurance company purchasing a 30 day supply (or 90 day supply as more of us are "encouraged" to use the mail order companies). In addition, for those patients who make up the "underinsured" group, they make too much money to fall into the drug company "free" campaign, but not enough to pay without serious other consequences, the samples given to primay care physicians can be invaluable. JMHO

I find this comment very disturbing, "In the long run it will drive the expansion of CME type programs, sponsored by state health authorities/insurance companies that will provide balanced education on new therapies."

Why would anyone think that insurance companies would provide balanced education? The insurance companies are as much of a problem as the pharmaceutical companies. They are primarily concerned with turning a profit and often restrict access to medications even when the medication is better. The state health authorities are not much better. They are constantly pressured by Medacaid to reduce costs.

So there has to be a balance and the current balance of pharma fighting the insurance companies and government fighting both of them is as good as it is going to get.

Limiting Pharma gifts is an essential conflict-of-interest management rule. As a practicing healthcare architect, my professional organization strictly prohibits personal gifts from suppliers and product reps. That means no freebie furniture for my pad and no golf trips to St. Andrews under the guise of "product research" (checking out the Scottish woolen looms, you know...)

I still have tons of reps calling me all the time. I still get lots of luncheon and dinner invitations. I still get preferential (read dealer wholesale) pricing for stuff I might want for myself. And I still find out about all the new goodies that come on the market, as soon as (or even before) they hit the showrooms.
Yet I can stand up in front of my clients and say "I specified this product because it is the best choice for you," and be telling the honest truth, without any compromise in my professional judgement.

So just give up the freebies. They are only a destructive addiction.

I have been in the pharmaceutical industry for 12 years. I believe it was a UC Davis physician who stated that pens, notepads, and other such tokens had more influence on a doctor than educational grants,etc. Of course they would say that!!! These teaching institutions act like they are a notch above the rest ethically. Yet, they have no problem taking Fellowship scholarships, grant dollars, endowments to the university, etc from the pharma industry. And then have the audacity to say that these do not influence universities more than pens? If you really want to eliminate all means of influence, get rid of any help or subsidy from pharma or any medical company. My guess is that you will not. In the elimination process the only ones that get hurt are the patients(poor) or students that are not the beneficiaries of these "gifts". It seems that all legislators sat down and saw that money was being spent at the local level on golf outings, dinners, etc. How do you get those dollars to be spent at a higher level(lobbyist)? Congress and watchdog groups put in rules and legislature. Unfortunately, the pharma industry is no better. They remind me of the worlds' last 10 guys, who make a pact not to go out with Pamela Anderson, there will always be that substandard guy who says, "Now is my chance to make my move". American capitalism at its finest.

The first comment about the "highest bidder" gaining access to doctors through gifts is simply incorrect. In fact, I would challenge the opinion of those seeking to further restrict pharmaceutical sponsorship. I would also ask them to gain some education on the matter before pontificating on the evil of the pharmaceutical companies and physician bias. If we want to look at large companies who exploit patients to make money and do so by unethically influencing treatment decisions, we need look no further than insurance companies. We could make some real progress on this issue if we offered doctors some protection from insurance companies who seek to financially penalize them for recommending more expensive testing and drugs to their patients. We have made huge advances in medical science, yet insurance companies continue to restrict beneficial products and services based on cost. Worse yet, they don't even have doctors making those decisions to deny treatment.

Dear Anne,
I can still your initial article and my response to you stirred up quit a controversy. In reviewing the response since my first e-mail to you: there are the Interventionist, who feels that they have the moral superior blood to dictate their moral values on others, like Dr Swammi,
and there is the "Mine your own business" like me, who believe that every physician has their moral compass who cannot be bought. As to the latest survey, I think the wrong conclusion is drawn. My rule is unless there is sample, the drug does not get use. So, the percentage it goes to is pro-rata the payer-mix of my office. My rationale is that if there is a problem, then it occurred on freebies, and patient has no right to complaint. If there is no sample, the drug would not be used, unless it is the only one in the class.
SO if this means 82% goes to insured and 18% to the unsured, this means in MA, 18% of the practice is uninsured patient

Yours truly

Mike Wei, MD

It is truly unfortunate that the drug companies control so much of what gets on the agendas at our so called "scientific" conferences and in our journals. So many promising treatments that do not portend large profits for drug companies, such as naturals, hormonals, don't get the benefit of large scale testing because the drug companies so dominate the field.

And what with the drug companies obviously trying to "buy" the doctors' favor, the cost of medicines just goes up and up. I think that drug companies should not be allowed to market at all...let the science speak for itself...and keep costs down.It is truly not right that in our so-called highly developed country a large percentage of people can't afford their medications.

Do you think it is free to develop these drugs??? Do you think that the government is going to do their own studies. I think not. It is normal business practice in any other industry to provide a meal and a talk. The drug companies are HIGHLY regulated at this point in time and record all money spent per Doc and have a cap per year that is modest to say the least. Do you believe that docs have the time to dig up and read every new journal? If you believe that you are sadly mistaken. They are over worked and under paid. Marketing budgets are not the problem with pricey drugs... development and the FDA are the problem with pricey drugs. 9 out of 10 MD’s want drug reps in the office with information and want to hear the arguments. If you want the drug companies gone then we need to decrease the hours doctors have to work and give them 2 hours a day to study and read. Good luck !

Why is the doctor/pharma relationship always the problem. Today, doctors are limited to prescribing based on the tier systems set by the reimbursement organizations. Why is there no investigation into how these tiers are set? I guess businessmen and poiticians are always ethical

The primary reason why medical centers don't want vendors: pharma, nursing homes, assisted living centers, dme, hospice,labs, small community hospitals' IRFs and LTCHs, home health, software & hardware companies calling upon the doctors is not to protect the doctors from learning and consulting about the solutions that the vendors offer, it is because the medical centers own their inhouse services with the exclusion of the being a drug manufacturer and they want the physicians to leave the discharge planning options to the control of the hospital not to the selection of the patient, family or the physician. Then there is the practice by the medical centers that the independent physicians will refer so many patients to the medical centers' services, if the physician wants privileges or referrals. And the contracted physicians know that they are monitored by the EMS systems of referring outside of the medical center. When will Medicare wake up to this abuse by the medical centers of the Starke law? The medical centers especially the not-for-profits and non-profits only turn to outside vendors/providers when the management of the patient is not profitable enough for them. Clearly, these bullish practices of not-for-profit and non-profit hospitals are not for the welfare of the patients and the community, but for the pockets of the CEOs and COOs and that their business methods break the federal racketeering laws. Soon the non and not for profit hospitals will be coming to the federal government for a bailout and they will cite the number of employees they have layoff or that vacancies are frozen.

Actually I am a physician and have always found time to read, despite long hours, young kids etc. There are monthly compendium newsletters free of drug company influence that help with this process. When there is a willthere is away.

Post new comment

The content of this field is kept private and will not be shown publicly.

More information about formatting options

To combat spam, please enter the code in the image.