http://www.kirklees.nhs.uk/uploads/tx_galileodocuments/Code_of_Business_Conduct_V2_KPCT_-_March_09

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CODE OF BUSINESS CONDUCT AND COMMERCIAL SPONSORSHIP Prepared by:

Helena Corder

Responsible Area:

Corporate Services Date Approved: COMMITTEE:-

25-03-09 Board

Approved By:

Sign

Approval Information:

Print Name Version No. Approved:

Reference to Standards for Better Health Domain Use of Resources

Two

Review Date: January 2011 Standards for Better Health Third domain Governance

KLOE 2.3

World Class Commissioning

Core/Development standard Performance Monitoring

Core Standard C7a, b, d, Developmental Standard D3 Complaince with Core Standards Use of Resources Score KLOE 2.3 World Class Commissioning Assessment

CONTENTS Section No.

Page No Policy Statement

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1.

History of Document

2

2.

Introduction/Document Overview

2

3.

Associated Policies and Procedures

2

4.

Aims & Objectives

2

5.

Scope & Policy Guideline

2

6.

Declaration of Interests

3

7.

Gifts

4

8.

Hospitality

4

9.

Commercial Sponsorship

5

10.

Preferential Treatment In Private Transactions

6

11.

Outside Employment

6

12.

Private Practice

6

13.

Requests for provision of financial references

6

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14.

Contracts

7

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15.

Rewards for Initiative

7

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16.

Research and Development

8

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17.

Charitable Funding

8

18.

Charitable Fundraising

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19.

Commercial Confidentiality

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20.

References & Bibliography

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Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F

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Declaration of Interest form Commercial sponsorship form Charitable fundraising form Declaration of Gift Form Code of Conduct For Boards July 2004 Extract from The Medicines (Advertising) Regs

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10 11 12 13 16 17

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Policy Statement The policy of NHS Kirklees is that the Board, PEC members and all PCT employees follow the code of conduct set out below in their operation of the business of the PCT. 1. History of Document This is version 2 of the Kirklees PCT Code of Business Conduct & Commercial Sponsorship. It is based on the previous code approved by the Board in October 2006.

2. Introduction 2.1 The Corporate Governance Framework Manual for PCTs (Version 6 2003) lays down the accountability framework for PCTs. This enforces the long established principle that public sector bodies, which include the NHS, must be impartial and honest in the conduct of their business the Board, PEC members and all PCT employees should remain beyond suspicion. It is also an offence under the Prevention of Corruption Acts 1906* and 1916* for gifts or consideration as an inducement or reward to be accepted for: • doing, or refraining from doing, anything in an official capacity; or • showing favour or disfavour in the handling of contracts.

2.2 Kirklees PCT respects and values its staff and operates within an environment of mutual openness, honesty and transparency in accordance with the above statutes and guidance. This Code has been developed to protect both staff and the PCTs against contention or allegations of misconduct.

2.3 It is therefore important that the Board, PEC members and all PCT employees, are aware of their responsibilities in relation to this code and understand what they mean in practice and how they conduct business in the organisations committees and on a personal level.

3. Associated Policies, Procedures and Guidance Standing Orders and Standing Financial Instructions Procurement Policy Incident Reporting Policy and Procedure Whistleblowing Policy Fraud Policy Practice Based Commissioning – practical Implementation (November 2006) • Practice Based Commissioning- budget setting refinements and clarification of health funding flexibilities, incentive schemes and governance (December 2007) • The Principles and rules for Cooperation and Competition 4. Aims & Objectives • • • • • •

This code of conduct aims to ensue that the Board, PEC members and all PCT employees will not at any time:

Misuse their official position, or information acquired in their official duties for personal gain or to benefit their family or friends.

Seek to advantage or further private business or other interests, in the course of their official duties.

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Use professional registration and/or status in the promotion of commercial products or services.

Agree to practice under any conditions, which compromise their position. breach PCT policy when undertaking commercial sponsorship arrangements Be in a position where outside interests are in any way detrimental to the PCT, the NHS in general or patients.

Unfairly advantage one competitor over another or show favouritism in awarding contracts in line with PCT and national policy;

5. Scope of the code This code of conduct must be followed by ALL directly employed members of the PCT and those undertaking activities in an official capacity on behalf of the PCT. The code will also apply to practice based commissioning activity.

The Board, PEC members and all PCT employees should at all times: • Ensure that the interest of the public remains paramount.

• Be impartial and honest in the conduct of their official business.

• Use public monies to the best advantage of the service, always ensuring value for money.

• Be aware of bias generated through sponsorship where this might impinge on professional judgement and impartiality.

The Board, PEC members and all PCT employees must be aware that a breach of the provisions of the Acts detailed in paragraph 2.1 renders them liable to criminal prosecution and may also lead to loss of NHS employment and Superannuation rights.

It is likely that the PCT would also undertake an internal investigation and that disciplinary action could be taken should the findings be that this code of conduct was breached.

In practice this means not using privileged information that you have obtained by attending meetings to commercial advantage eg if you hear that a patient has complained about a clinical problem they are suffering from, you should not approach them and offer to treat them as a private patient. Neither should you use information you have obtained to enable you to submit a winning tender.

This is also being shared with independent contractors as advised by the Department of Health. The information contained in this policy also applies to GP Co-operatives and initiatives such as PMS, GMS, NHS Direct, Walk In Centre and Practice Based Commissioning.

Charitable sources of funding are subject to the Trustees Act and therefore the responsibilities of charitable trustees are covered separately.

6.0 DECLARATION OF INTERESTS 6.1 Everyone must ensure that they are not placed in a position which risks, or appears to risk, conflict between their private interests and their NHS duties.

6.2 The Board, PEC members and all PCT employees are required to declare where they, or their close relative/associate, have a financial interest in any business, activity or pursuit which might compete for a contract for the supply of goods or services to the PCT. This should also include any internal commissioner/provider conflicts which may Approval Committee: Version No: Date Approved:

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impact on PCT business.This declaration should be made either on starting employment or on acquisition of the interest. The attached form in Appendix A for employees (excluding Board and PEC members) is obtainable from the Corporate Services Administrator, and should be completed and returned for entry into a register 6.3 of interests.

Board and PEC members all have a duty under Standing Orders to declare interests and an annual update is routinely undertaken on a form Appendix A and made 6. available to the public.

Disciplinary action, which could lead to dismissal, may be taken if a Board or PEC member or PCT employee fails to declare a relevant interest, or is found to have 7.0 abused his or her official position, or knowledge, for the purpose of self benefit, or that of family or friends.

7.1 GIFTS Gifts ie chocolates, post it pads, pens, diaries, calendars, etc, monetary gifts, or other small tokens of appreciation up to the value of £25 may be accepted. However, you should refuse all gifts which might reasonably be seen to compromise your personal 7.2 judgement or integrity, and which could be perceived as seeking to exert influence to obtain preferential consideration. This includes gifts given in Wills.

The following gifts must be declared to the Corporate Services Administrator by completing the form in Appendix D.

any gifts over the value of £25 and/or

several small gifts from the same or closely related source if over the value of £25 These will be documented in a register that will be presented to the Audit Committee 7.3 on a six monthly basis.

If you have any doubts or require advice on receipt of gifts, this can be done via the Director of Corporate Services, and legal advice may be sought when required. There may be occasions that, on registering the gift with the Corporate Services 7.4 Administrator it is deemed that the gift should be returned.

Breach of this policy or the acceptance of gifts in circumstance whereby the member of staff has not acted with absolute impartiality, integrity and honesty, will be investigated 8.0 and may result in disciplinary action. Professional conduct rules will also apply.

8.1 HOSPITALITY There may be occasions where PCT meetings are sponsored by external sources.

This hospitality must be secondary to the purpose of the meeting and should not be out of proportion to the occasion, nor exceed that level which the recipients would normally adopt when paying for themselves, or that which could be reciprocated by the 8.2 NHS. Such hospitality must be disclosed in the papers relating to the meeting and in any published proceedings, and should be recorded on a commercial sponsorship form found in Appendix B and returned to the Corporate Services Administrator for 8.3 inclusion in the PCTs register.

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You should refuse hospitality of any kind which might reasonably be seen to compromise your personal judgement or integrity, and which could be perceived as 8.4 seeking to exert influence to obtain preferential consideration.

Hospitality should not extend beyond those whose role makes it appropriate for them 8.5 to attend the meeting.

Any trade stand or display must be outside the meeting room. Industry representatives should be excluded from internal meetings about PCT business. This 9.0 does not include formal PCT meetings, which are open to all members of the public.

COMMERCIAL SPONSORSHIP For the purpose of this code, commercial sponsorship is defined as including: NHS funding from an external source, including funding of all or part of the cost of a member of staff, NHS research, staff, training, pharmaceuticals, equipment, meeting rooms, costs associated with meetings, meals, gifts, hospitality, hotel and transport costs (including trips abroad), provision of free services (speakers), buildings or 9.1 premises.

Collaborative partnerships with industry can have a number of benefits, and a transparent approach across the PCT and independent contractors is essential. NHS bodies and primary care contractors are accountable for achieving the best possible healthcare within the resources available. However, consideration should be given to the implications of any proposed sponsorship deal, its costs and benefits, and an awareness of bias generated through sponsorship, where this might impinge on professional judgement and impartiality. High ethical standards must be adhered to at 9.2 all times.

Purchasing decisions including those concerning pharmaceuticals and appliances should always be taken on the basis of best clinical practice and value for money. The impact on other parts of the health care system should also be taken into account.

Clinician’s judgement should always be based upon clinical evidence that the product is the best for their patient. Professional registration and/or status should not be used 9.3 in the promotion of commercial products or services.

Sponsorship offers of any kind from an external source should be declared and registered with the Corporate Services Administrator within 2 weeks of offer, whether refused or accepted, and be available for public scrutiny on request. A form found in Appendix B for completion is obtainable from the Corporate Services Administrator, and will be reported to the Audit Committee 6 monthly. Any offers of sponsorship that could possibly breach this policy should be reported to the Corporate Services 9.4 Administrator and to the Audit Committee at the first opportunity Before entering into any sponsorship agreement, you must ensure:

If the aim is income generation this must be governed and managed by income generation principles and a memorandum trading account kept.

Sponsorships are at a corporate, rather than individual level.

There are no potential irregularities that may affect a company’s ability to meet the conditions of the agreement.

Assess the costs and benefits in relation to alternative options and ensure decision-making processes are transparent and defensible.

Those legal and ethical restrictions on the disclosure of confidential patient information or data derived from such information are complied with.

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9.5

Additionally, disclosure for research purposes should not take place without the approval of the appropriate research ethics committee and the PCT. Determine how outcomes will be monitored, ie clinical, financial, and organisational.

That the agreement has a break clause to enable it to be terminated if it becomes clear that it is not providing expected value for money/clinical outcomes.

Consultation about possible implications for subsequent prescribing in primary care where trusts are offered significant discounts on drugs.

When making purchasing decisions on products which originate from NHS intellectual property, ensure that the standard is based on best clinical practice and not on whether royalties will accrue to an NHS body.

Sponsorship is linked to the purchase of particular products to supply from particular 9.6 sources are not allowed.

Any Collaborative partnerships involving pharmaceutical companies, must comply with the Medicines (Advertising) Regulations 1994 regulation 21 Appendix F. The MCS 9.7 Guidelines on Promotion and Advertising set out the standards to be followed.

Sponsorship and/or commercial relationships linked to the supply of goods or services 10.0 will be publicly declared in the PCTs Annual Report.

10.1 PREFERENTIAL TREATMENT IN PRIVATE TRANSACTIONS PCT employees, Board and PEC members, may not seek, nor accept, preferential rates or benefits in kind for private transactions carried out with organisations with 11.0 which they have had, or may have, official dealing on behalf of the PCTs. 11.1 OUTSIDE EMPLOYMENT Any employee who is engaged in outside employment which may have a potential conflict of interest to their work at the PCT is required to inform their manager. If in 11.2 doubt, always seek advice.

The manager will decide whether this work has to be formally declared as an interest 12.0 and the appropriate form completed (Appendix A).

12.1 PRIVATE PRACTICE Employees may undertake private practice or work for outside agencies, providing they do not do so within the time they are contracted to the NHS, and they observe the 12.2 conditions set out in the above paragraph.

Agreements with medical staff regarding private practice are as specified in their terms 12.3 and conditions of service/employment.

Consultants and Directors of Public Health employed under the Terms and Conditions of Community and Dental Staff are permitted to carry out private practice in NHS hospitals subject to the conditions outlined in “A Guide to the Management of Private 13.0 Practice in the NHS�.

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Organisations or individuals external to the NHS have on occasion approached members of PCT staff requesting the provision of references to support their 13.2 application for funding from sources internal or external to the PCT. NHS Kirklees will support such applications where appropriate. However, such references must be signed off at Director level. This is because the PCT may carry liability should the organisation or individual develop financial problems 14.0 14.1 CONTRACTS The Board, PEC members and all PCT employees who are in contact with suppliers and contractors (including external consultants) and in particular, those who are authorised to sign purchase orders, or place contracts for goods, materials or services, must adhere to both the PCT’s Standing Orders, Procurement Policy and in line with the standards of behaviour expected that are set out in this code of conduct.

14.2 Fair and open competition between prospective contractors or suppliers for NHS contracts is a statutory requirement. This means that:

No private, public or voluntary organisation or company which bids for NHS business should be given any advantage over its competitors, such as advanced notice of NHS requirements. This applies to all potential contractors, whether or not there is a relationship between them and the PCT, such as a long running series of previous contracts.

Each new contract should be awarded solely on merit, taking into account the requirements of the PCTs, and the ability of the contractors to fulfil them.

No special favour must be shown to current or former employees or Board members, or their close relatives or associates, in awarding contracts to private or other businesses run by them, or employing them in a senior or relevant managerial capacity. Contracts may be awarded to such businesses where they are won in fair competition against other tenders.

Employees, Board and PEC members with a relevant interest may play no part in the selection, and scrupulous care must be taken to ensure that the selection process is conducted impartially.

All invitations to potential contractors to tender for PCT business must include a notice warning tenderers of the consequences of engaging in any corrupt practices involving employees of public bodies. All tenderers are routinely required to sign a form relating to canvassing in respect of collusive tendering.

15.0 REWARDS FOR INITIATIVE 15.1 As a general principle, any financial gain resulting from any external work undertaken and connected with PCT business, whether undertaken in work or private time, will be due to the PCT. Employees are required to speak to their Director or the Director of 15.2 Corporate Services before undertaking any work.

Any patent or copyright resulting from the work of a PCT employee in the course of 15.3 their duties shall be the property of the PCTs. The PCT has an Intellectual Property Policy which should be referred to.

Similar consideration will be given to rewarding employees who, within the course of Approval Committee: Version No: Date Approved:

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their work, have produced innovative work of outstanding benefit to the PCTs. 16.0 RESEARCH AND DEVELOPMENT 16.1 Any research, as opposed to audit, or service evaluation undertaken must first be approved by a Local Research Ethics Committee and be given approval by the PCT as part of the Research Governance Framework.

16.2 For advice on your proposed project, contact the PCT Quality Assurance Manager or Assistant Director of Quality and Clinical Governance on 01924 351629 or 01924 351513.

16.3 If a drug trial contract is made between industry and the PCTs, then the transaction should be recorded as a normal income generation scheme. In other cases, the PCTs should consider other options including the transfer of responsibility back to the consultant concerned.

17.0 CHARITABLE FUNDING 17.1 Any charitable donations made to the PCT, should be reported to the Finance Team for inclusion in the PCT's charitable funds. These donations must be made payable to the PCT and the purpose for which they have been donated specified.

18.0 CHARITABLE FUNDRAISING. 18.1 Kirklees PCT is happy to support the raising of funds for donation to a charitable organisation or appeal. However, in order to ensure that these funds are raised in the spirit of this Business Code of Conduct, the following process must be followed by anyone intending to raise more than ÂŁ50 from a fundraising event, collection, sale of raffle tickets etc: A; All individuals wishing to raise money must complete the Charitable Fundraising form found in Appendix C and send to the Corporate Services Administrator.

B; The Corporate Services Administrator will inform the Director of Corporate Services who will decide if this is appropriate. The Corporate Services Administrator will keep a record of all PCT staff raising money for charity.

C; If the Director has any concern about the proposal then they will raise the matter at the Senior Managers weekly meeting and inform the member of staff of the outcome.

D; It is then the responsibility of the fundraiser to organise the event. The PCT does not guarantee to provide any resources to assist in this process, unless a request was made in the initial submission and agreed at that point.

E; After the event, the fundraiser must send a letter detailing the amount of money raised at the event, together with a receipt from the charity to indicate that they have received the money.

18.2 NB: the PCT’s indemnity insurance will not cover situations where members of the public attend an event which is something other than the normal working interface with such groups of public. The event organiser must organise additional insurance for an event at which members of the public are expected to attend. The PCT are looking at identifying a preferred Insurer. In the interim period, please contact Assistant Director Approval Committee: Version No: Date Approved:

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of Corporate Services and Risk Management for advice.

19.0 COMMERCIAL CONFIDENTIALITY Employees should, at all times, guard against using, or making public information on the operations of the PCT which might provide a commercial advantage to any organisation in a position to supply goods or services to the PCTs in line with the PCT’s Procurement Policy and Freedom of Information Policy and Procedures.

20.0. References & Bibliography Code of Conduct for NHS Boards Code of Accountability for NHS Boards Revised July 2004

Corporate Governance Framework Manual V6 August 2003 Commercial Sponsorship – Ethical Standards for the NHS November 2000 The Medicines (Advertising) Regulations 1994 Research Governance Framework for Health and Social Care (2nd edition 2005) Institute Of Business Ethics

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APPENDIX A KIRKLEES PCT

DECLARATION OF INTEREST

NAME:………………………………………………………………………………………………...

TITLE:…………………………………………………………………………………………………

BASE:…………………………………………………………………………………………………

NATURE OF INTEREST

Signed:……………………………………………

(Member of Staff)

Dated:……………………………………………..

Signed:……………………………………………

(Director)

Dated:……………………………………………..

Please return completed form to the Corporate Services Administrator Approval Committee: Version No: Date Approved:

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APPENDIX B KIRKLEES PCT COMMERCIAL SPONSORSHIP FORM To be completed and signed by the person entering into sponsorship either individually or on behalf of the organisation.

Name of Sponsor

Purpose of Sponsorship

Date of Event (if applicable)

Value of Sponsorship

Type of Sponsorship

Benefits gained by sponsorship

Beneficiary

I confirm that I have read the PCTs Standards of Business Conduct and Commercial Sponsorship Policy, and have complied with the requirements. I confirm that this sponsorship arrangement does not breach the policy.

Signed:…………………………………………Dated:…………………………………………

Name (printed):……………………………………………

(Person entering into the sponsorship) Please return completed form to the Corporate Services Administrator for inclusion in the Register.

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APPENDIX C KIRKLEES PCT CHARITABLE FUNDRAISING FORM To be completed and signed by the person intending to raise the money either individually or on behalf of a charitable organisation.

Name of Charity / Appeal for which the money is to be raised.

Contact details of liaison person within the charity.

Purpose of the fundraising

Type of fundraising eg Collection, coffee morning, plain clothes day.

Date of Event or Period of fundraising.

I confirm that I have read the PCTs Standards of Business Conduct and Commercial Sponsorship Policy, and have complied with the requirements. I confirm that this charitable event does not breach the policy.

I will not proceed to collect money until this event / collection has been given approval by the Senior Management Team Meeting.

Signed:…………………………………………Dated:…………………………………………

Name (printed):……………………………………………

(Person entering into the sponsorship)

Please return completed form to the Director of Corporate Services

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Appendix D

Kirklees PCT DECLARATION OF GIFT(S) To be completed by the receiver of the gift(s)

Name of Individual receiving the gift

Name of the individual/company giving the gift Date of Receipt of the gift

Value of the gift(s)

Comments

I confirm that I have read the PCTs Standards of Business Conduct and Commercial Sponsorship Policy, and have complied with the requirements. I confirm that I have declared the nature of all the gifts made to me and will abide by the decision of the PCT on whether or not I may keep these.

Signed:…………………………………………Dated:…………………………………………

Name (printed):……………………………………………

(Person entering into the sponsorship)

Please return completed form to the Corporate Services Administrator for inclusion in the Register.

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Appendix E Code of Conduct for NHS Boards – Revised July 2004 Public service values must be at the heart of the National Health Service. High standards of corporate and personal conduct based on a recognition that patients come first, have been a requirement throughout the NHS since its inception. Moreover, since the NHS is publicly funded, it must be accountable to Parliament for the services it provides and for the effective and economical use of taxpayers’ money.

There are three crucial public service values which must underpin the work of the health service: • Accountability – everything done by those who work in the NHS must be able to stand the test of parliamentary scrutiny, public judgements on propriety and professional codes of conduct.

• Probity – there should be an absolute standard of honesty in dealing with the assets of the NHS: integrity should be the hallmark of all personal conduct in decisions affecting patients, staff and suppliers, and in the use of information acquired in the course of NHS duties.

• Openness – there should be sufficient transparency about NHS activities to promote confidence between the NHS organisation and its staff, patients and the public.

General principles Public service values matter in the NHS and those who work in it have a duty to conduct NHS business with probity. They have a responsibility to respond to staff, patients and suppliers impartially, to achieve value for money from the public funds with which they are entrusted and to demonstrate high ethical standards of personal conduct.

The success of this Code depends on a vigorous and visible example from boards and the consequential influence on the behaviour of all those who work within the organisation. Boards have a clear responsibility for corporate standards of conduct and acceptance of the Code should inform and govern the decisions and conduct of all board directors.

Openness and public responsibilities Health needs and patterns of provision of health care do not stand still. There should be a willingness to be open with the public, patients and with staff as the need for change emerges.

It is a requirement that major changes are consulted upon before decisions are reached.

Information supporting those decisions should be made available, in a way that is understandable, and positive responses should be given to reasonable requests for information and in accordance with the Freedom of Information Act 2000.

NHS business should be conducted in a way that is socially responsible. As a large employer in the local community, NHS organisations should forge an open and positive relationship with the local community and should work with staff and partners to set out a vision for the organisation in line with the expectations of patients and the public. NHS organisations should demonstrate to the public that they are concerned with the wider health of the population including the impact of the organisation’s activities on the environment.

The confidentiality of personal and individual patient information must, of course, be respected at all times.

Public service values in management It is unacceptable for the board of any NHS organisation, or any individual within the organisation for which the board is responsible, to ignore public service values in achieving Approval Committee: Version No: Date Approved:

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results. Chairs and board directors have a duty to ensure that public funds are properly safeguarded and that at all times the board conducts its business as efficiently and effectively as possible. Proper stewardship of public monies requires value for money to be high on the agenda of all NHS boards.

Accounting, tendering and employment practices within the NHS must reflect the highest professional standards. Public statements and reports issued by the board should be clear, comprehensive and balanced, and should fully represent the facts. Annual and other key reports should be issued in good time to all individuals and groups in the community who have a legitimate interest in health issues to allow full consideration by those wishing to attend public meetings on local health issues.

Public business and private gain Chairs and board directors should act impartially and should not be influenced by social or business relationships. No one should use their public position to further their private interests.

Where there is a potential for private interests to be material and relevant to NHS business, the relevant interests should be declared and recorded in the board minutes, and entered into a register which is available to the public. When a conflict of interest is established, the board director should withdraw and play no part in the relevant discussion or decision.

Hospitality and other expenditure Board directors should set an example to their organisation in the use of public funds and the need for good value in incurring public expenditure. The use of NHS monies for hospitality and entertainment, including hospitality at conferences or seminars, should be carefully considered. All expenditure on these items should be capable of justification as reasonable in the light of the general practice in the public sector. NHS boards should be aware that expenditure on hospitality or entertainment is the responsibility of management and is open to be challenged by the internal and external auditors, and that ill-considered actions can damage respect for the NHS in the eyes of the community.

Relations with suppliers NHS boards should have an explicit procedure for the declaration of hospitality and sponsorship offered by, for example, suppliers. Their authorisation should be carefully considered and the decision should be recorded. NHS boards should be aware of the risks in incurring obligations to suppliers at any stage of a contracting relationship. Suppliers should be selected on the basis of quality, suitability, reliability and value for money. The Department of Health has issued guidance to NHS organisations about standards of business conduct (ref: HSG(93)5).

Staff NHS boards should ensure that staff have a proper and widely publicised procedure for voicing complaints or concerns about maladministration, malpractice, breaches of this code and other concerns of an ethical nature.

The board must establish a climate: - that enables staff who have concerns to raise these reasonably and responsibly with the right parties; - that gives a clear commitment that staff concerns will be taken seriously and investigated; and -

where there is an unequivocal guarantee that staff who raise concerns responsibly and reasonably will be protected against victimisation.

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Compliance Board directors should satisfy themselves that the actions of the board and its directors in conducting board business fully reflect the values in this Code and, as far as is reasonably practicable, that concerns expressed by staff or others are fully investigated and acted upon.

All board directors of NHS organisations are required, on appointment, to subscribe to the Code of Conduct.

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APPENDIX F Extract from The Medicines (Advertising) Regulations 1994 Inducements and Hospitality 21

(1)Subject to paragraphs (2) and (4), where relevant medicinal products are being promoted to persons qualified to prescribe or supply relevant medicinal products no person shall supply, offer or promise to such persons any gift, pecuniary, advantage or benefit in kind, unless it is inexpensive and relevant to the practice of medicine or pharmacy.

(2) The provisions of paragraph (1) shall not prevent any person offering hospitality (including the payment of travelling or accommodation expenses) at events for purely professional or scientific purposes to persons qualified to prescribe or supply relevant medicinal products, provided that: (a)

such hospitality is at a reasonable level,

(b)

it is subordinate to the main scientific objective of the meeting, and

(c)

it is offered only to health professionals.

(3) subject to paragraph (4) no person shall offer hospitality (including the payment of travelling or accommodation expenses) at a meeting or event held for the promotion of relevant medicinal products unless: (a)

such hospitality is reasonable in level,

(b)

it is subordinate to the main purpose of the meeting or event and

(c)

the person to whom it is offered is a health professional.

(4) Nothing in this regulation shall affect measures or trade practices relating to prices, margins or discounts, which were in existence on 1st January 1993.

(5) No person qualified to prescribe or supply relevant medicinal products shall solicit or accept any gift, pecuniary advantage, benefit in kind, hospitality or sponsorship prohibited by this regulation.

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