Anonymous v Pfizer: Regional account directors not required to pass ABPI Medical Representatives Examination (AUTH/2374/12/10)

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Key facts

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Case number	AUTH/2374/12/10
Parties	Anonymous v Pfizer
Issue	Failure to sit ABPI Medical Representatives Examination
Complaint received	03 December 2010
Case completed	03 February 2011
Applicable Code year	2008
Breach clauses	16.3
Appeal	No appeal
Sanctions	Undertaking received; Additional sanctions: Not stated
Key Panel finding	RAD role met the broad definition of “representative”; calling on prescribers in association with promotion triggered the exam requirement; two RADs had been in post for 2 years without taking the exam.

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

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An anonymous complainant alleged Pfizer did not require some regional account directors (RADs) to sit and pass the ABPI Medical Representatives Examination.
The complainant said RADs saw NHS customers and discussed brand strategic position, potentially bringing them within the Code’s definition of a “representative”.
Pfizer said RADs met senior NHS business managers (eg, strategic health authority chief executives; directors of finance, public health, commissioning or strategy), not prescribers as prescribers, and would not discuss clinical efficacy/safety; they would bring in an appropriate colleague for brand discussions.
Pfizer provided exam status for nine RADs: seven had passed (from prior roles); two were recruited from outside pharma and had not taken the exam.
The Panel reviewed differing (undated) RAD job descriptions provided by the complainant and Pfizer, noting responsibilities including delivering sales targets through teams, influencing opinion-formers, and requiring negotiation/selling skills.
The Panel concluded RADs met the broad definition of “representative” and that calling on prescribers “in association with the promotion of medicines” triggered the exam requirement.
Two RADs had been in post for 2 years and had not taken the examination.

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