B a r e m a

CODE OF PRACTICE

Definitions

In writing this Code of Practice, the following definitions have been used: -

"Barema" to mean "The Trade Association for Anaesthetic & Respiratory Equipment".

"Products" to mean "all anaesthetic & respiratory products and services provided by member companies of Barema".

1 INTRODUCTION

1.1 Barema is dedicated to :

• Encouraging and expanding the use of safe and effective Products in health care markets,
• Creating an environment whereby the innovation of technically advanced Products can be developed,
• Working in partnership with health care professionals,
• Influencing the regulatory environment by providing responsible input.

1.2 The purpose of this Code of Practice is to: -

• Set out guidelines for adoption by member companies,
• Provide a forum to which any person or body can bring a complaint for investigation.

1.3 All Barema member companies agree as a condition of membership to comply with this Code of Practice.

1.4 Enquiries related to specific product complaints should be directed to the Barema member concerned.

2 AIMS

2.1 To promote high professional standards of business practice amongst Barema members and their employees.

2.2 To make these standards widely known and accepted across the industry and to health care professionals.

2.3 To create an environment within which the innovation of technically advanced Products can be developed in an ethical manner.

2.4 To ensure that strong support is given to this Code of Practice with all Barema members.

2.5 To provide a complaints procedure for breaches of this Code of Practice.

3 PRINCIPLES

3.1 Business Courtesies

Business courtesies may include meals, social events, travel and living expenses provided to a customer. These courtesies should be appropriate in amount and be related to a legitimate purpose such as explanation or demonstration of products, service capabilities, research work or training. Personal gifts or donations should not be offered or given as an inducement to securing business.

3.2 Ethical Conduct

Barema members are responsible for the activities of their employees who will be given appropriate training and have sufficient technical knowledge to enable them to provide appropriate information about their Products.

Barema members and their employees must at all times maintain a high standard of ethical conduct in the discharge of their duties and must comply with all relevant requirements of this Code of Practice. They should not make claims or comparisons which are inaccurate, misleading, disparaging, in poor taste or which discredit another company in the industry.

3.3 Advertising And Promotional Materials

Advertising and promotional material must at all times be legal, accurate, balanced and fair and shall not mislead or contain exaggerated claims, either direct or implied.

Advertising and promotional material should not contain endorsements by health care professionals without their prior written consent.

Advertising and promotional material must not be disparaging, in poor taste or discredit another company in the industry. Comparative advertising should be supported by validated data.

3.4 Promotions And Competitions

No Barema member should be involved in promotional schemes or competitions which are misleading or which may bring the industry into disrepute.

3.5 Conferences, Exhibitions And Seminars

Subsidies to underwrite the cost of conferences, exhibitions and seminars should be provided only to the organiser group which may in turn use the money to reduce the cost of the event.

Barema members may underwrite the costs of social events at a conference, exhibition or seminar to an appropriate value.

Scholarships or other special funds may be provided by Barema members for the purpose of allowing appropriately qualified individuals to attend educational conferences and seminars.

COMPLAINTS PROCEDURE

Definition

"Complaints Committee" to mean "A committee convened by the Barema Council to investigate specific complaints against Barema members."

Procedure

If a person or body wishes to bring a complaint against a Barema member for infringement of this Code, the following will apply:

• Parties involved in complaints should attempt to resolve the issue prior to contacting Barema.
• In the event that the parties are unable to resolve the issue, the complaint should be made in writing to the Secretary of Barema, complete with all relevant documentation, with a copy to the other party. Complaints by a company must be signed by either the Chief Executive or by a Board Member.
• The Secretary of Barema will confirm receipt and contact the company which is the subject of the complaint for a written response.
• The Barema Council will appoint a minimum of five Barema member representatives to act as the Complaints Committee.
• As soon as all the relevant correspondence has been received, the Complaints Committee will evaluate the complaint as soon as practicable.
• Both parties concerned with the complaint will be informed of the Complaints Committee opinion in writing and will be given an opportunity to comment or appeal against the findings of the Complaints Committee and provide new evidence in writing within thirty days. This evidence will be considered by the Complaints Committee.
• The decision of the Complaints Committee will be final.
• Serious transgression of this Code of Practice could lead to expulsion of the member.

APRIL 2001 ISSUE 1