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Information and publicity regime applicable to benefits for
physicians in the City of Buenos Aires
On January 13th, 2017, the Official Gazette of Buenos Aires City
published Law No. 5709, which aims to provide patients a tool that
allows them to have as much information as possible about conflicts
of interest which could affect therapeutic decisions taken by
health professionals.
The law establishes that manufacturers, importers and
distributors of medical, biological and pharmaceutical products
that grant and/or deliver goods, services, benefits or prizes of
pecuniary value to doctors in the City of Buenos Aires, shall
report such situation to the local health authority for the purpose
of giving it proper publicity.
The following shall be considered as goods or services
susceptible to pecuniary valuation:
(a) Cash payments.
(b) Professional fees payments.
(c) Payments intended to cover any professional training
activity.
(d) Payments intended to cover travel expenses.
(e) Delivery of tickets, gifts, lodging, representation expenses,
meals or any other good of pecuniary value.
The information to be filed with the enforcement authority shall
contain at least the following information:
(a) Identification of the contributing company, indicating the
products manufactured, imported or distributed.
(b) Full name of the receiving physician or beneficiary.
(c) Professional specialty of the physician.
(d) Nature of the incentive and, if applicable, the amount of the
payments and/or the transfers, contributions, or gifts.
(e) The dates on which the payment, transfer, contribution or gift
was made.
The information provided must be compiled and systematized in
the form of a database and published by the enforcement authority
for the knowledge and free consultation of citizens, both in
digital and graphic format.
The Ministry of Health of the City of Buenos Aires, as the local
health authority, shall be the enforcement authority with powers to
request additional information and/or add requirements to those
established by the law. It must also set the corresponding
deadlines and penalties.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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