This is an exact transcript of a submission made 23rd August 2013 to the Public Petitions Committee of the Scottish Parliament.
1. Name of petitioner:
Dr Peter J. Gordon
2. Petition title
A Sunshine Act for Scotland: payments (including payments in kind) to NHS Scotland healthcare workers from Industry and Commerce
3. Petition text
Calling on the Scottish Parliament to urge the Scottish Government to implement a SUNSHINE ACT that will make it mandatory that all payments, gifts and hospitality from the manufacturers of drugs, nutritional supplements, medical devices and healthcare technology to NHS Scotland healthcare workers are reported, logged and kept on a publicly-open database.
This database should also include all sponsored education of healthcare workers and managers and should quantify the sums of money (or cash equivalent of payments in kind) involved.
The Scottish Government could lead the way in the UK on this issue.
4. Action taken to resolve issues of concern before submitting the petition
Concerns about the over-prescribing of antipsychotic drugs in the elderly led me to consider possible explanations for this behaviour by doctors. I was also aware of a powerful marketing campaign including a series of national meetings led by key opinion leaders promoting the use of another drug, Memantine, for the management of behavioural and psychological issues in dementia. This led me to examine the current systems in place to make clear any potential conflicts of interest.
Two years of enquiry with my local NHS regarding any register of outside interests were eventually answered to reveal that no such register had ever existed.
This led me to write to all 22 of Scotland’s NHS Boards under Freedom of Information legislation and the results show that many of the Boards have no policy in place and in those that do the information recorded is very patchy and generally not available to the public.
The FOI returns can be viewed at: https://www.whatdotheyknow.com/user/peter_j_gordon/requests
I have prepared a summary database: due to the heterogeneity of the returns this is a rough guide at best: https://docs.google.com/spreadsheet/ccc?key=0ApF86-MCSbZzdGlVd2ZPYWhyN1ZUbkliNlFpTGxtMFE#gid=0
5. Petition background information
In January 2013 I wrote to the Scottish Government seeking clarification of regulations in this area. I received a reply which directed me to A Common Understanding 2012 – Working Together For patients: Guidance on Joint-Working between NHS-Scotland and the Pharmaceutical Industry. This document specifically excludes research, procurement and sponsorship. The reader is directed to NHS Circular MEL (1994) 48 Standards of Business Conduct For NHS Staff (which is now nearly 20 years old and written before devolution) and to the ABPI Code of Practice for the Pharmaceutical Industry: http://www.abpi.org.uk/our-work/library/guidelines/Pages/code-2012.aspx
The ABPI Code has been roundly criticised: Guidance on collaboration with drug industry offers little in the way of ethics or transparency. BMJ2012;344:e2910 http://www.bmj.com/content/344/bmj.e2910
Lancet withdraws its support of document on collaboration between doctors and drug industry. BMJ2013;346:f770 http://www.bmj.com/content/346/bmj.f770
The technique of pharmaceutical companies using Key Opinion Leaders (KOL) is well recognised: Drug marketing: Key opinion leaders: independent experts or drug representatives in disguise? BMJ2008;336:1402 http://www.bmj.com/content/336/7658/1402
Guidelines have become an integral part of medical practice but it is not always clear what influences might lie behind their formation: Three quarters of guideline panellists have ties to the drug industry. BMJ2013;347:f4998 http://www.bmj.com/content/347/bmj.f499
The United States of America have just enacted a Sunshine Act: http://www.ama-assn.org/ama/pub/advocacy/topics/sunshine-act-and-physician-financial-transparency-reports.page
As I understand it both Australia and France are in the process of developing a Sunshine Act.
6. Do you wish your petition to be hosted on the Parliament’s website as an e-petition?
7. Closing date for e-petition
8. Comments to stimulate on-line discussion
Conflicts of interests feature daily in the news and in many different fields. Healthcare should not believe itself to be immune from these.
Date …23rd August 2013