Code of Practice Panel

Complaints submitted under the Code of Practice are considered in the first instance by the Code of Practice Panel, which comprises the Director, Secretary, Deputy Secretary and Executive Officer of the Code of Practice Authority, acting with the assistance of independent expert advisers. Both the complainant and the... 

The Appeal Board has a dual role, acting over the activities of the Code of Practice Panel and the PMCPA as both an appeal body and as a supervisory body. All complaints received by the Authority and all rulings by the Code of Practice Panel are reported to the Appeal Board, thus ensuring independent scrutiny from outside the pharmaceutical industry of both the authority s and the panel s activities by the independent members and independent chairman of the Appeal Board. Where promotional material or activities are ruled in breach of the Code, the company concerned must cease to use the material or cease the activity in question forthwith and provide a written undertaking to that effect. Reports on all cases under the Code of Practice are also published, naming companies ruled in breach of the code. These reports receive wide coverage, particularly in the pharmaceutical press and occasionally find their way into the lay press. 

The Code is administered by the Prescription Medicines Code of Practice Authority which is responsible for the provision of advice, guidance and training on the Code as well as for the complaints procedure. Complaints which are made under the Code about promotional material or the promotional activities of companies are considered by the Code of Practice Panel and, where required, by the Code of Practice Appeal Board. Reports on completed cases are published quarterly by the Authority in its Code of Practice Review which is available on request. 

The Authority also administers the complaints procedure by which complaints made under the Code are considered by the Code of Practice Panel and, where required, by the Code of Practice Appeal Board. 

The Code of Practice Panel consists of members of the Prescription Medicines Code of Practice Authority and meets as business requires to consider complaints made under the Code. 

The Director, Secretary and Deputy Secretary of the Authority may be present at a meeting of the Appeal Board during the consideration of an appeal or a report from the Code of Practice Panel made under Paragraph 8 below only at the invitation of the Chairman and with the agreement of the party or parties involved in the appeal or report in question. 

Establishment of Prima Facie Case and Consideration by the Code of Practice Panel... 

Once it has been determined that a prima facie case exists, the case is referred to the Code of Practice Panel to determine whether or not there has been a breach of the Code. 

Where the Code of Practice Panel rules that there is a breach of the Code, the complainant and the respondent company are so advised in writing and are given the reasons for the decision. 

Code of Practice Panel Reports to the Code of Practice Appeal Board... 

The Code of Practice Panel may also report to the Appeal Board any company whose conduct in relation to the Code, or in relation to a particular case before it, warrants consideration by the Appeal Board in relation to the provisions of Paragraphs 10.3, 10.4 and 12.1 below. Such a report to the Appeal Board may be made notwithstanding the fact that a company has provided an undertaking requested by the Panel. 

If the Code of Practice Panel upholds the complaint, the company is required to suspend the advertisement or practice forthwith pending the final outcome of the case. 

Where the Code of Practice Appeal Board considers that the conduct of a company in relation to the Code or a particular case before it warrants such action, it may report the company to the Board of Management of the ABPl for it to consider whether further sanctions should be applied against that company. Such a report may be made notwithstanding the fact that the company has provided an undertaking requested by either the Code of Practice Panel or the Appeal Board. 

The lower level is payable by a company which accepts either a ruling of the Code of Practice Panel that it was in breach of the Code or a rejection by the Panel of its allegation against another company. The lower level is also payable by a complainant company if a ruling of the Panel that there... 

Where the Code of Practice Panel or the Code of Practice Appeal Board identifies a possible breach of the Code which has not been addressed by the complainant in a case, the respondent company is invited to comment. The company has ten working days to respond in writing. 

Complaints submitted under the Code of Practice are considered in the first instance by the Code of Practice Panel, which comprises the Director, Secretary and Deputy Secretary of the Code of Practice Authority, acting vrith the assistance of independent expert advisers. Both the complainant and the respondent company may appeal to the Code of Practice Appeal Board against rulings made by the Panel. The Code of Practice Appeal Board is chaired by an independent, legally qualified chairman and includes representatives of the pharmaceutical industry within the UK as well as independent members from outside the industry. Details of its composition appears in the PMCPA Constitution Procedure, which appears with the Code of Practice. 

If a complaint concerns a matter closely similar to one which has been the subject of a previous adjudication, it may be allowed to proceed at the discretion of the Director if new evidence is adduced by the complainant or if the passage of time or a change in circumstances raises doubts as to whether the same decision would be made in respect of the current complaint. The Director should normally allow a complaint to proceed if it covers matters similar to those in a decision of the Code of Practice Panel which was not the subject of appeal to the Code of Practice Appeal Board. 

Where the Code of Practice Panel or the Code of Practice Appeal Board identifies a possible breach of the Code which has not been... 

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