While it is tempting to argue about this as if it were a pure free speech issue, at least in the US context,...

Remember that pharmaceutical companies are given exclusive patents to market drugs for quite a long time, that is, they are granted monopolies to sell these specific drugs.  Is it unreasonable to make certain demands on them about marketing in exchange for these government-granted monopolies, especially given their "speech" to physicians includes the deployment of multibillion dollar marketing budgets and the use of marketing tactics that go far beyond merely speaking or writing? 

At least in the US, I believe there has always been recognition that these demands on the pharma industry, again, to be balanced against the sorts of patents they can hold, are not parallel with the responsibilities of physicians.

One ought to prescribe "off-label" if based on logic and evidence, that would provide the most benefit with the least harm to the patient.

On the other hand, one ought to be very aware of how pharmaceutical companies and other health care corporations try to influence physicians to do what is in the corporations' interest, but maybe not the patients' best interests

Happy Holidays to all!

On Thu, Dec 23, 2010 at 11:39 AM, Djulbegovic, Benjamin <[log in to unmask]> wrote:

 

What I found thought-provoking is that off-label promotion (of pharmaceutical companies) can be prosecuted as a criminal offense. That is, the attempt to influence physicians’ prescribing behavior using good or bad, but not “officially” approved information is a criminal act.  [Remember, when the pharma promotes their drugs, off or on label, their intent is to influence doctors, who ultimately prescribe these drugs. That is, in the final analysis, if the patient is harmed/helped by (in)appropriate administration of treatments, it is because of the act of physicians].

I was a bit surprised that a few people commented on this (perhaps, due to pre-holiday fervor?) The reason that I find this so interesting is that it has tremendous implications for the way we practice medicine (and EBM). Physicians are free to prescribe whatever treatments they want as long as they believe that it will do more good than harm to their patient(s), regardless, if the administration of the drug is “off label” or “on label”. In fact, in my own field (hem-onc) it is estimated that up to 70% of treatment prescription is “off label”. So, what does it mean when individual physicians prescribe treatment, which is “off label”? Should we be criminally prosecuted? Which brings me to the question for this group: should we only accept the use of “on-label” indications as evidentiary standards for the practice medicine?  

Ben


 




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Roy M. Poses MD
President
Foundation for Integrity and Responsibility in Medicine (FIRM)
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Clinical Associate Professor of Medicine
Alpert Medical School, Brown University
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