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In Article, Doctors Back Ban on Gifts From Drug
Makers
By GARDINER HARRIS
New York Times
January 25, 2006
The gifts, drugs and classes that makers of pharmaceuticals and medical devices routinely give
doctors undermine medical care, hurt patients and should be banned, a group of influential
doctors say in today's issue of The Journal of the American Medical Association.
Medical schools and teaching hospitals should be the first to establish a comprehensive ban, the
group writes. But the authors argue that all doctors should eventually follow suit.
Broadly adopted, the recommendations would transform doctors' day-to-day lives and shut off
the focus of drug makers' biggest expenditures. But Dr. David Blumenthal, an author of the
article, said it was "not very likely" that many in medicine would listen to the group.
"I'm not very optimistic," said Dr. Blumenthal, a professor at Harvard Medical School who, like
many of the article's 10 other authors, has studied conflicts of interest in medicine for years.
Federal law forbids companies from paying doctors to prescribe drugs or devices, but gifts and
consulting arrangements are almost entirely unregulated. Voluntary professional guidelines
suggest that doctors refuse gifts of greater than "modest" value. Sanctions against doctors who
accept gifts of great value are extremely rare.
The drug industry spends tens of billions of dollars a year to woo doctors, far more than it
spends on research or consumer advertising. Some doctors receive a significant part of their
income from consulting arrangements with drug and device makers. Others take regular
vacations and golfing trips that are paid for by companies.
A recent lawsuit involving the device maker Medtronic revealed that one prominent Wisconsin
surgeon received $400,000 for a consulting contract that required him to work just eight days.
While such rich arrangements are often restricted to specialists, most physicians routinely accept
small gifts from drug salespeople, including pens, mugs, pads and food.
Surveys show that most doctors do not believe that these gifts influence their medical decisions,
although most believe that they do affect their colleagues' medical judgment.
But even small gifts can lead to profound changes in doctors' prescribing behavior, with
"negative results on clinical care," the article states. As a result, all gifts should be banned, the
authors conclude.
Ken Johnson, a spokesman for the Pharmaceutical Research and Manufacturers of America, said
the drug industry had a voluntary code of marketing conduct.
"Only practices that do not compromise independent judgments of health providers - such as
modest working meals, gifts of minimal value that support the medical practice, and distribution
of free samples - are permitted," Mr. Johnson said in a statement.
Dr. Duane M. Cady, board chairman of the American Medical Association, said in a statement
that "drug and medical device makers can play a role in educating physicians about new
products." He said the organization was "in the process of examining and updating its policy on
gifts to physicians from industry."
The article is part of a spate of reports in medical journals that have taken a skeptical view of
drug makers' influence on medical practice and research. The New England Journal of Medicine
recently published an article accusing Merck of withholding crucial safety information about the
withdrawn painkiller Vioxx, a charge that Merck denies. Other articles have criticized drug
makers' tendency to keep the results of human research secret.
Dr. Catherine DeAngelis, editor in chief of The Journal of the American Medical Association,
said drug makers were a vital part of the nation's health care system because of their research
efforts.
"But there has been a substantial change in the way pharmaceutical companies function over the
last decade," Dr. DeAngelis said. Drug makers are far more aggressive in their marketing efforts,
she said, and these efforts are having a deleterious effect on the practice of medicine.
Dr. Steven Shea, vice dean of the faculty of medicine at Columbia University Medical Center,
predicted that the journal article would "prompt changes in policy and guidelines at many
academic health centers, including ours."
Kaiser Permanente, the California-based managed-care group, is one of the few medical
organizations in the United States that have enacted nearly all of the recommendations suggested
by the journal article. Kaiser physicians prescribe heavily marketed medicines far less frequently
than doctors nationally.
"We thought it was critical for us that our patients never had a doubt that the decision made
about a drug or a device was based on the best interests of the patient and not the financial
interest of the physician," said Dr. Sharon Levine, associate executive director of Kaiser
Permanente Northern California.
The article also argues that "no strings attached" consulting arrangements should be banned, and
that all other consulting agreements should be posted on Web sites. Doctors should refuse free
drug samples, the article states, because they are "a powerful inducement for physicians and
patients to rely on medications that are expensive but not more effective."
Such a refusal would also eliminate one of the principal reasons for which drug salespeople are
routinely allowed to enter doctors' offices, the article states. While the article does not suggest
that salespeople be refused entry into offices, it states that such visits have few useful functions.
"Would we be delighted if drug reps never saw the inside of doctors' offices? Absolutely," said
Dr. David J. Rothman, president of the Institute of Medicine and one of the article's two principal
authors. "But you can't mandate that. It's a free country."
Two years ago, Dr. Rothman received a $7.5 million grant from the financier George Soros to set
up an organization that would study medical professionalism. Today's article is in part an
outgrowth of that grant, he said.
Dr. Troy A. Brennan, former chairman of the American Board of Internal Medicine and the other
principal author of the article, said he was looking forward to reading responses to it.
"I don't think there are a lot of good answers as to why it's O.K. to accept these gifts and
contracts," Dr. Brennan said