Industry Gears Up For New Code Of Practice
29th Nov 17
The dental industry is preparing for a new edition of the ADIA Code Of Practice that seeks to ensure the dental industry's promotional activities do not inappropriately a healthcare professional's decision on patient treatment planning
Key Issues For The Dental Industry —
The Australian Dental Industry Association (ADIA), at the request of the Australian Government, has published the ADIA Code of Practice to address concerns that marketing and promotional activities undertaken by businesses may inappropriately be influencing the decision making of healthcare professionals. It is the shared objective of ADIA and the Australian Government that decisions of management (including treatment options) for health needs are based upon sound clinical evidence, not driven by incentives or other influences.
Following extensive consultation with industry, healthcare professionals and patient groups the ADIA Code of Practice - Edition 2 was approved in mid-2017 and becomes effective on 1 January 2018.
There are some key aspects to the ADIA Code of Practice - Edition 2 which have altered from the ADIA Code of Practice - Edition 1 which will affect the interaction between the dental industry and dental professionals, and these are outlined below.
Gifts To Healthcare Professionals —
At no time can a supplier of therapeutic products offer a healthcare professional a gift in connection with the ordering, purchase or supply of a therapeutic product or when it is in the form of cash / negotiable instruments / gift card (redeemable for anything other than a therapeutic product) / monetary equivalents, except when the benefit is applied against a commercial account. [Read More]
New guidance on competitions allows these to be conducted by dental product suppliers; however, when conducting a competition there should be no inducement, such as offering ticket for a prize draw when a professional has purchased a therapeutic product, that may affect the decision of a dental professional as to which is the appropriate diagnostic or treatment pathway for a patient. [Read More]
In considering how this affects the industry's marketing and promotional activities, it is helpful to be mindful of the fact that ADIA Code of Practice operates under a set of general principles that regulate the interaction of the dental industry with dental professionals. These principles are:
||Members must at all times comply with the provisions of all relevant legislation;
||Members must not engage in unethical behaviour, misleading or deceptive conduct, or unfair or unconscionable practices; and
||Members must always respect the ethical requirements and codes of practice which apply to dental professionals by their professional association.
Although there is an expectation that Members will meet the general principles set out in the document this does not make the ADIA Code of Practice the definitive guidance on such matters, nor necessarily provides ADIA with compliance responsibility. By way of example, the Competition and Consumer Act 2010 (Cth) clearly articulates expectations insofar as misleading or deceptive conduct, or unfair or unconscionable practices are concerned.
The ADIA Code of Practice - Edition 2 comes into force on 1 January 2018.
Member Engagement —
The ADIA Code of Practice is endorsed by the entire membership at a general meeting with responsibility for monitoring the effectiveness and compliance resting with the ADIA-CAC Code Administration Committee. ADIA members join stakeholders from the dental profession and patient representatives in determining complaints by serving on the ADIA-CCC Code Complaints Committee.
Further Information —
For further information on the ADIA Code of Practice send an email to email@example.com or 1300 943 094. To keep up to date follow ADIA on Facebook at www.facebook.com/dental.industry or subscribe to the Twitter feed @AusDental.
Currency Of Information & Disclaimer —
This update was issued on 29 November 2017 and please note that changes in circumstances after the publication of material or information may impact upon its accuracy and also change regulatory compliance obligations. The statements, regulatory and technical information contained herein are believed to be accurate and are provided for information purposes only. Readers are responsible for assessing its relevance and verifying the accuracy of the content. To the fullest extent permitted by law, ADIA will not be liable for any loss, damage, cost or expense incurred in relation to or arising as a result of relying on the information presented here.
This information is available for your use under a Creative Commons Attribution 3.0 Australia licence, with the exception of the ADIA logo, other images and where otherwise stated.
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In order to ensure that a dental professional’s decisions on patient diagnostic and treatment options are not driven by incentives or other influences, gifts to healthcare professionals are prohibited under a new industry framework.