Wyeth: Sponsored nurses and GP audit service (GastroCare) – no breach (AUTH/1808/3/06, AUTH/1811/3/06) | PMCPA Case

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Key facts

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Case numbers	AUTH/1808/3/06; AUTH/1811/3/06
Complainants	The Sunday Times/Director (AUTH/1808/3/06); a General Practitioner (AUTH/1811/3/06)
Company	Wyeth
Issue	Allegations about sponsored nurses conducting free audits and being incentivised to influence prescribing; concern about inducement and industry discredit
Service referenced	GastroCare Service (primary care audit/therapy review support)
Applicable Code year	2003 (considered using 2006 Constitution and Procedure)
Clauses considered	2, 9.1, 18.1
Decision	No breach of Clauses 2, 9.1 or 18.1
Key controls noted by Panel	No linkage between service and promotion; freely offered to all customers; no steering; Zoton FasTab detail aid did not refer to service; 10 working days separation between promotional calls and service discussions/completion
Dates	AUTH/1808/3/06 proceedings commenced 10 March 2006; AUTH/1811/3/06 complaint received 13 March 2006; cases completed 20 July 2006 (website lists completed 19 July 2006)
Appeal	No appeal

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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The Sunday Times ran an article (“Nurses earn bonuses for use of latest drugs”) alleging Wyeth paid nurses (via an agency) to conduct free audits in GP surgeries and that nurses could “influence” new prescriptions, supported by sales teams.
The PMCPA Director took up the article as a complaint (AUTH/1808/3/06).
A Glasgow GP separately complained, alleging nurse advisors had a conflict of interest and were involved in marketing medicines; the GP asked the Panel to halt any current nurse advisor activity pending the outcome (AUTH/1811/3/06).
Wyeth said it offered one primary care audit service: the GastroCare Service, intended to support implementation of NICE/SIGN dyspepsia guidance and to review patients’ medication in line with GP prescribing decisions.
Wyeth described controls: nurses were not to promote products; the service was to be offered freely to all customers; reps could not steer practices to a specific option; and promotional calls and service discussions had to be separated by at least 10 working days (including after completion of a service).
Nurses were employed by an agency; remuneration included salary plus a potential bonus linked to workload (number of notes reviewed), not linked to audit outcomes or sales of specific products.

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No breach of the Code was found.
No breach of Clause 18.1 (2003 Code) – the Panel did not consider the service an inducement to prescribe/supply/administer/recommend/buy any medicine.
No breach of Clause 2 (2003 Code).
No breach of Clause 9.1 (2003 Code).
No appeal.

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