Clause 20

20

(New Clause and part of Clause 20) Collaborative Working with Organisations

20.1

Collaborative working which either enhances patient care or is for the benefit of patients or alternatively benefits the NHS and, as a minimum, maintains patient care is acceptable providing it is carried out in a manner compatible with the Code. Collaborative working is generally between one or more pharmaceutical companies, healthcare organisations and other organisations. Joint working is a limited form of collaborative working as set out in Clause 20.4.

20.2

Collaborative working, including its implementation, must have and be able to demonstrate the pooling of skills, experience and/or resources from all of the parties involved for the joint development and implementation of patient and/or healthcare centred projects. There must be a shared commitment to successful delivery from all parties, and each party must make a significant contribution.

20.3

In addition to Clause 20.2, collaborative working must:

• enhance patient care or be for the benefit of patients, or alternatively benefit the NHS and, as a minimum, maintain patient care

• not constitute an inducement to health professionals or other relevant decision makers to prescribe, supply, recommend, buy or sell a medicine

• be carried out in an open and transparent manner

• be prospective in nature

• be documented with a formal written agreement which is kept on record

• have a summary of the collaborative working agreement publicly available before arrangements are implemented.

Material relating to collaborative working must be certified, including the summary of the collaborative working agreement. The collaborative working agreement does not need to be certified. Only the final documents etc for any collaborative working project need be certified. All documents etc used during the development of the project should be of the same standard as certified material, but there is no requirement to certify such material. Material used in the delivery of the collaborative working project must also meet the requirements of Clause 8.3, for example, educational material for the public or patients which relates to diseases or medicines used during the delivery of collaborative working must be certified.

All collaborative working should adhere to all relevant policies, including NHS policies.

20.4

(New Clause and part of Clause 20) Joint working between one or more pharmaceutical companies and the NHS and others which is patient centred and always benefits patients is an acceptable form of collaborative working, providing it is carried out in a manner compatible with Clause 20 and other relevant requirements of the Code.

It must be clear in the documentation that the project is a joint working project and account must be taken of relevant best practice guidance on joint working between the NHS, the pharmaceutical industry and other relevant commercial organisations.

20.5

(24.2) Transfers of value made by companies in connection with collaborative working must be publicly disclosed annually.