Baxter voluntary admission: reps failed to take ABPI exam within first year (AUTH/2393/3/11)

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Key facts

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Case number	AUTH/2393/3/11
Company	Baxter Healthcare Ltd
Case type	Voluntary admission (treated as a complaint by the Director)
Issue	Failure to take the ABPI Medical Representatives Examination within first year
Applicable Code year	2008
Complaint received	23 March 2011
Case completed	20 April 2011
Appeal	No appeal
Breach clause(s)	16.3
Sanction(s)	Undertaking received
People/records referenced	Baxter initially identified 21 representatives; later provided details for 17 employees in its submission

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

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Baxter told the PMCPA that a review of training records showed that 21 of its representatives had not taken the ABPI Medical Representatives Examination within their first year; the one-year period had already expired.
The issue was treated as a complaint by the Director under the Constitution and Procedure.
Baxter said the situation was complicated by role/status changes, reporting structure changes and an acquisition, but accepted the Code requirement was clear.
Baxter required those concerned to take their examinations by the end of June 2011 (or employment could be at risk) and requested an extension for the individuals involved.
On further review Baxter identified 17 employees in scope for the submission it provided (spreadsheet with exam dates/comments).
None of the 17 had sat the exam in their first year with Baxter; 4 had sat within two years (1 passed, 1 partially passed and booked to resit failed papers, 2 awaiting results). Others were scheduled/hoped to sit by September 2011; one was ill and unable to register.
The matter came to light when an employee could not register for the exam because they were out of time; Baxter then audited all employees, updated policy/tracking documentation and briefed managers.
Baxter also included some clinical/training nurses in its internal ABPI process because they were occasionally in promotional situations, even if not sales representatives per se.

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The Panel considered the only issue was whether representatives had taken the examination in their first year of employment as a representative.
The Panel ruled that, for individuals whose role and responsibilities satisfied those of a representative as set out in the Code (Clauses 1.6 and 16.4), there was a breach for failure to sit the examination in the first year.
The Panel noted it is not a breach if non-representatives (whom the company chooses to put through the exam) fail to take it—only those meeting the Code definition are required.

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