Anonymous v GlaxoSmithKline: POINTS COPD audit service (AUTH/2178/10/08) – No breach

📅 2008 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2178/10/08
ComplainantAnonymous and non-contactable
CompanyGlaxoSmithKline UK Ltd
Service / activityPatient outcomes and information service (POINTS) – software-based COPD audit tool
Therapy areaCOPD
Key allegationsComplex authorisation form; PCTs “banned” it; potential monitoring tool for Seretide reps; concern reps could see data; alleged withdrawal of other support after refusal
Applicable Code year2006
Clauses considered2, 9.1, 18.1, 18.4
Panel decisionNo breach of the Code
Complaint received21 October 2008
Case completed9 December 2008
AppealNo appeal

Download the full case report (PDF)


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

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What happened

  • An anonymous, non-contactable complainant queried whether GlaxoSmithKline’s patient outcomes and information service (POINTS) complied with the ABPI Code.
  • Concerns included: a complex authorisation form (whether users understood what they were signing and whether it needed signing for each report), claims that some PCTs had “banned” the service, and suspicion it was a monitoring tool for local Seretide representatives.
  • The complainant alleged the service had been offered by a Seretide representative (previously a nurse had offered it) and questioned whether Seretide representatives could see practice data.
  • The complainant also alleged that after refusing POINTS, other GSK support disappeared (spirometry training and staff training to run reports).
  • GSK explained POINTS was a software-based COPD audit tool, sponsored by GSK, delivered by non-promotional Respiratory Care Associates (RCAs), with a third party installing software and analysing data to produce practice-specific reports.
  • GSK stated no patient-identifiable data were shared; identifiable information remained on practice systems. As of 1 September 2008, a new contract/authorisation form was produced for each report generated.
  • GSK stated some PCTs/practices could not use POINTS due to software incompatibility or local IT policies restricting third-party software installation, not because of the service itself.
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Outcome

  • No breach of the Code was ruled.
  • The Panel found no evidence POINTS was a monitoring tool for Seretide representatives or that Seretide representatives saw the data.
  • The Panel considered promotional and non-promotional roles appeared clearly separated, and that POINTS and other services were not contingent on uptake.
  • The Panel accepted that some PCT refusals related to IT/software constraints rather than objections to the service.
  • The Panel noted the complainant provided no evidence that refusing POINTS led to withdrawal of other GSK support, and anonymity prevented further investigation.
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