The State Administration for Market Regulation has issued guidelines to combat commercial bribery by pharmaceutical companies
2025-01-15
Recently, the State Administration for Market Regulation released the "Compliance Guidelines for Pharmaceutical Enterprises to Prevent Commercial Bribery Risks" (hereinafter referred to as the "Guidelines"). The Guidelines consist of 4 chapters with a total of 49 articles. The "General Provisions" chapter provides a systematic explanation of the objectives, basic principles, scope of application, and terminology definitions of the "Guidelines"; The chapter on "Construction of Compliance Management System for Preventing Commercial Bribery Risks in Pharmaceutical Enterprises" advocates for the management of pharmaceutical enterprises to enhance compliance awareness, encourage the establishment of compliance management organizations, compliance systems, compliance operation mechanisms, and focus on the construction of compliance culture; The chapter on "Identification and Prevention of Commercial Bribery Risks in Pharmaceutical Enterprises" provides detailed guidance on behavioral norms and risk identification and prevention measures for 9 concrete scenarios in the field of pharmaceutical purchase and sales; The chapter on "Risk Management of Commercial Bribery in Pharmaceutical Enterprises" guides pharmaceutical enterprises to effectively control risks by improving internal control measures and cooperating with regulatory enforcement. The Guidelines are closely related to the actual situation of the pharmaceutical industry, emphasizing concrete descriptions and practical guidance. Summarize and sort out the commercial bribery risk points in 9 specific scenarios, including academic visits and exchanges, business reception, consulting services, outsourcing services, discounts and commissions, donation sponsorship and funding, free deployment of medical equipment, clinical research, and retail terminal sales, covering the entire business process of pharmaceutical purchase and sales. Evaluate the risk factors in each scenario one by one, provide clear classification prompts based on the risk level, and list two reference "lists": positive and negative; The normative requirements for the business behavior of pharmaceutical enterprises are divided into four levels: "should, can, suggest, and advocate" for normative guidance; The risks that pharmaceutical companies should identify and prevent are classified and regulated into three levels of "prohibition, avoidance, and attention" according to the degree of illegality risk. On the basis of guiding pharmaceutical companies to accurately identify, evaluate, and classify commercial bribery risks, propose classified disposal plans for commercial bribery risks, guide enterprises to fully play their main role, and effectively enhance the enthusiasm and effectiveness of compliance management. The release of the "Guidelines" is an important measure to promote the shift from post enforcement to pre prevention in the governance of commercial bribery in the pharmaceutical industry. It will further enhance the effectiveness of commercial bribery governance in the pharmaceutical industry, continuously regulate and purify the market order of the pharmaceutical industry, and play a positive role in creating a clean and upright industry environment. (New Society)
Edit:Rina Responsible editor:Lily
Source:CCTVAPP
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