Is IAP taking pharma funding illegal?

Is IAP taking pharma funding illegal?

Yes: MCI, No: Association

 Pharma industry funds for IAP: IAP Annual Report 2012

Company Funds given in lakh Rs

Johnson and Johnson (118.4); Merck (98.6); Wyeth (13.3); Sanofi Pasteur (11.4); Zuventus (11); Glaxo SmithKline (5); X-ray Biocom (4.5); Serum Institute (3); Pfizer (2). Total (267.2)

Law Cited: 6.8.1 In dealing with Pharmaceutical and allied health sector industry, A MEDICAL PRACTITIONER shall follow and adhere to the stipulations given below:-

a) Gifts: A medical practitioner shall not receive any gift from any pharmaceutical or allied health care industry and their sales people or representatives.

b) Travel facilities: A medical practitioner shall not accept any travel facility

d) Cash or monetary grants: A MEDICAL PRACTITIONER shall not receive any cash or monetary grants from any pharmaceutical and allied healthcare industry for individual purpose in individual capacity under any pretext. Funding for medical research, study etc. can only be received through approved institutions by modalities laid down by law / rules / guidelines adopted by such approved institutions, in a transparent manner. It shall always be fully disclosed.

Issue

The Indian Academy of Pediatrics (IAP) has flouted Medical Council of India regulations

1. By accepting funding from the pharma industry

2. Violating code of ethics prohibiting endorsement or promotion of any brand.

Defense

1. MCI regulation is about individual doctors not accepting funds or gifts and not about associations.

2. Under 1860 societies act members of the association are not monitory beneficiary of the society funds.

What MCI says

It was illegal for associations of doctors to take funds from companies.

Conflict of interest

IAP is a member of the National Technical Advisory Group on Immunization (NTAGI) which decides immunization schedule and selection of vaccines to be included in the NIP.

Legal views

1. MCI 6.8.1 does not cover associations and trusts

2. Unless the doctors is proven to be a beneficiary he cannot be implicated

3. In charitable societies members are not suppose to take monitory benefits

4. Societies should not be funded or there activities sponsored by companies I which they have conflict of interest.

5. Endorsement issue in the High Court.