Was it because the doctor received an all-expenses paid trip to the Bahamas for a "medical conference", funded by the pharmaceutical company, or does the doctor truly believe the medication will assist the medical condition?

Since October 1, 2016, Medicines Australia has had a mandatory code of conduct to increase transparency in relation to the healthcare profession accepting payments or anything of value from the pharmaceutical industry.

One of the aims of the code of conduct is to ensure conduct is ethical and patients can have confidence in their healthcare providers, knowing the primary motivation is the patient's wellbeing rather than the doctor's self-interest.

Having recently learnt that 33 pharmaceutical companies spent a whopping $8.6 million on events attended by healthcare professionals over a six-month period, it is more than reasonable to wonder whether the code is serving its desired purpose.

There are limits to the code, in that it applies to pharmaceutical companies operating within Australia, and only those companies that are members of Medicines Australia.

The healthcare professionals it applies to include medical practitioners, pharmacists, dentists, nurses, dieticians, optometrists, physiotherapists, psychologists and podiatrists.

What is reportable?

When a company pays a healthcare professional for a service, such as:

• Providing a medical opinion as an expert;
• Giving a lecture or presentation, training to staff;
• Providing advice as part of an advisory board;
• Providing any sort of financial support, eg for educational purposes, such as attending a conference, including paying for flights and accommodation.

The obligation to report payments or benefits lies with the pharmaceutical company, and breaches of the code can result in fines of up to $300,000.

Payments are reported twice yearly to Medicines Australia, and available on each pharmaceutical company's website, where details of the healthcare professional who received the payment and the nature of the payment will also be outlined.

If the healthcare professional has requested that payment be paid to a third party, such as a charity or a friend, this too must be disclosed.

If you are ever unsure about your doctor's motivation or what has influenced him or her to prescribe certain medication, ask about their relationships with pharmaceutical companies and any wining and dining they have participated in.

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Alison and Jillian Barrett are both principals at Maurice Blackburn Lawyers. The Queensland sisters are experienced lawyers and passionate social justice campaigners. Alison juggles motherhood, as well as heading up a major legal practice area. Younger sister Jillian also leads a team of lawyers and sports a double degree in Law and Journalism.