Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan
Marc A. Rodwin
Suffolk University Law School; Harvard University - Edmond J. Safra Center for Ethics
Journal of Law, Medicine and Ethics, Vol. 39, p. 662, 2011
Suffolk University Law School Research Paper No. 11-36
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.
Number of Pages in PDF File: 10
Date posted: September 13, 2011 ; Last revised: April 19, 2013