Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan

10 Pages Posted: 13 Sep 2011 Last revised: 19 Apr 2013

Marc A. Rodwin

Suffolk University Law School; Harvard University - Edmond J. Safra Center for Ethics

Date Written: 2011

Abstract

This article compares the means that the United States, France and Japan use to oversee pharmaceutical industry-physician financial relationships. These countries rely on professional and/ or industry ethical codes, anti-kickback laws, and fair trade practice laws. They restrict kickbacks the most strictly, allow wide latitude on gifts, and generally permit drug firms to fund professional activities and associations. Consequently, to avoid legal liability, drug firms often replace kickbacks with gifts and grants. The paper concludes by proposing reforms that address problems that persist when firms replace kickbacks with gifts and grants based on the experience of the three countries.

Suggested Citation

Rodwin, Marc A., Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan (2011). Journal of Law, Medicine and Ethics, Vol. 39, p. 662, 2011; Suffolk University Law School Research Paper No. 11-36. Available at SSRN: https://ssrn.com/abstract=1926361

Marc A. Rodwin (Contact Author)

Suffolk University Law School ( email )

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HOME PAGE: http://www.law.suffolk.edu/faculty/directories/faculty.cfm?InstructorID=48

Harvard University - Edmond J. Safra Center for Ethics ( email )

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