Group seeks law requiring pharma reps to be licensed, regulated in West Virginia
By MedZilla Staff Writer
Marysville, WA - August 27, 2004--The State of West Virginia
passed a law last year, which created a public body called the
Pharmaceutical Cost Management Council, a group charged with delving
into ways to reduce the price of patented pharmaceutical drugs
in the state. Among the recommendations the panel is giving the
legislature this September, is a proposal to require pharmaceutical
representatives, like doctors, lawyers, hair dressers and other
professions in the state, be regulated by West Virginia.
"We thought it would be appropriate to get a sense of the
number of drug reps operating in the state and what sort of ethical
or conflict of interest standards they are operating under,"says
Kevin Outterson, associate professor of law at West Virginia University
and a council member.
The foundation of the law would be that pharmaceutical representatives
would be required to follow the now voluntary marketing guidelines
developed by the Pharmaceutical Research and Manufacturers of
America (PhRMA). The guidelines seek to eliminate questionable
practices, such as buying elaborate dinners, entertainment tickets
for more for doctors and other clients.
"Instead of some companies voluntarily complying and others
only partially complying or ignoring the guidelines altogether,
this would level the playing field," Outterson says. "The
thought would be that each pharmaceutical representative who has
contact with prescribers … would be subjected to a nominal
registration process and would be expected to comply with the
PhRMA guidelines on ethical marketing."
Pharma reps wouldn't have to take any tests or have minimal
education requirements according to the recommendation as it stands
now; rather, they would just have to play by the rules. In addition,
there would be some sort of a process so that if a complaint were
launched that someone violated one of the ethical requirements
of the PhRMA code, the state would have the ability to discipline
or suspend the registration of the person violating the rule.
According to Outterson, there are a number of states who are
evaluating various forms of regulations on pharmaceutical marketing.
"But this precise example of just adopting the PhRMA code
and making it mandatory--I'm not aware of any other states that
have completed that yet," he says.
John Law, spokesman for the West Virginia Department of Health
and Human Resources, says the state government has not yet made
a decision on whether it will support that part of the council's
recommendations.
“This is just something that was discussed conceptually
along with other things,” Law says. “If there is legislation
required, there may be a special session … or it may be until
January, which is our regular session. If there is anything that
can be handled in a regulatory manner, that might come a lot more
quickly. By next year, you will see some difference.”
PhRMA objects to the proposed regulation of pharma reps, saying
the fees for licensing are out of line and an unnecessary additional
financial burden for companies that want to do business in West
Virginia.
Wanda Moebius, spokeswoman for PhRMA, says that the association's
voluntary guidelines are strict and strong enough to regulate
the industry.
"Our companies already adhere to the agreed upon guidelines.
[The guidelines were unanimously passed by our board, and our
board is comprised of the CEOs of pharma companies. If your CEO
has directed you to do something, I imagine that it's in
your best interests to do it," she says.
However, a pharmaceutical rep who works outside West Virginia
for a major pharmaceutical firm, who did not want to reveal his
name, says it's not a bad idea to regulate reps.
"I've heard rumblings of [laws to regulate reps, and I guess
its all part of getting back to the real reason why drugs are
prescribed and not prescribing a drug because someone gives you
a gift. I can understand that. That's where the relationship comes
in," the rep says. "I think it would be beneficial if
something like that happens—not to get too regulated--but
some outside watchdog look over the pharmaceutical industry to
make sure these regulations are happening."
"Because drug costs are so out of control, moves like this
by grassroots and other committees are becoming a trend,"says
Frank Heasley, PhD, president and CEO of MedZilla.com, (www.medzilla.com)
a leading Internet recruitment and professional community that
serves biotechnology, pharmaceuticals, healthcare and science.
"It makes sense that we have to do something, and we, too,
have heard the rumblings that states want to get more of a handle
on how drugs are marketed to doctors and others."
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