IX. Educational Items:  Prohibition on Gifts

A Company occasionally may provide items to Health Care Professionals, that benefit patients or serve a genuine educational function. Other than medical textbooks or anatomical models used for educational purposes, any such item should have a fair market value of less than $100. A Company may not provide items that are capable of use by the Health Care Professional (or his or her family members, office staff or friends) for non-educational or non-patient-related purposes, for example, a DVD player or MP3 player/I-Pod.

A Company may not give Health Care Professionals any type of non-educational branded promotional items, even if the item is of minimal value related to the Health Care Professional’s work or for the benefit of patients. Examples of non-educational branded promotional items include pens, notepads, mugs, and other items that have a Company’s name, logo, or the name or logo of one of its Medical Technologies.  Companies also may not provide Health Care Professionals with gifts such as cookies, wine, flowers, chocolates, gift baskets, holiday gifts or cash or cash equivalents.

This section is not intended to address the legitimate practice of providing products for evaluation and demonstration purposes, which is addressed in Section XII.

Frequently Asked Questions

• May a Company provide a gift such as flowers, gift baskets, meals, snacks, wine or other refreshments to a Health Care Professional or a Health Care Professional’s office or staff?
• May a Company give gifts to staff of a Health Care Professional who are not themselves Health Care Professionals?
• May a Company or its representative provide a gift to recognize a life event for a Health Care Professional, such as a wedding, birth, anniversary, or death of a family member?
• May a Company raffle an item during a trade show, such as two round-trip airline tickets, that it could not otherwise give as a gift?
• What types of items are considered to be for the benefit of patients?

May a Company provide a gift such as flowers, gift baskets, meals, snacks, wine or other refreshments to a Health Care Professional or a Health Care Professional’s office or staff?

No. These types of gifts and refreshments are not considered educational items or for the benefit of patients.

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May a Company give gifts to staff of a Health Care Professional who are not themselves Health Care Professionals?

Gifts given to the staff of a Health Care Professional should be treated as though they are given to the Health Care Professional and are subject to all applicable provisions of the Code.

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May a Company or its representative provide a gift to recognize a life event for a Health Care Professional, such as a wedding, birth, anniversary, or death of a family member?

No.  A Company, or representative acting on the Company’s behalf, may only provide items to Health Care Professionals that are intended for the benefit of patients or serve a genuine educational function for the Health Care Professional.  Gifts such as flowers, fruit baskets, etc., do not meet this requirement even if provided to recognize a significant life event.

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May a company raffle an item during a trade show, such as two round-trip airline tickets, that it could not otherwise give as a gift?

No. A Company may not raffle or give away at a trade show an item that it could not otherwise give a Health Care Professional under Section IX.

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What types of items are considered to be for the benefit of patients?

Items intended for the benefit of patients could include starter kits and educational brochures, for example.  However, “scrubs” and office supplies would not be considered an item for the benefit of patients.  With respect to starter kits, a Company should adopt appropriate safeguards regarding the provision of such kits to ensure they are not offered as an unlawful inducement.

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