This week's lecture discussed the "older days" strategy where a physician would be given lavish gifts such as vacation trips or lavish dinners. Essentially, doctors were being using products they were paid to use instead of the products that would be most beneficial for the patient. This made me think about in the corporate world where we are trained on the limitations of "gift giving" and its legal boundaries. Please share your experiences or knowledge as to what kind of gift giving is allowed to sponsors and when it is considered overboard, illegal or immoral.
I have not experienced gift giving in the corporate world, but I have experienced in academics. In undergrad, my Chemistry professor had a birthday and my classmates and I thought to bring him cupcakes. He thanked us for thinking of him but declined the gift. He informed us that he could not accept it. I did not think of the "legality" of accepting gifts from students. To me, it was just cupcakes, and we were not trying to use the cupcakes as barter for a passing grade. We genuinely just wanted to show appreciation and wish him a happy birthday. Now, I understand the reason for the boundaries that are between students and professors. Much like the boundaries between doctors and medical device salesmen, it is best to avoid any speculation of illegalness. Although the cupcakes were modest, my professor made the best choice to avoid the acceptance. I think doctors and medical device salesmen should avoid gift giving.
My company has a very strict policy against offering gifts to clients. It is very important that we are supporting our clients in their needs and not our own. I think times have changed for the better and focus more on offering a client the best support for them and their customers or personnel. Offering gifts and lavish experiences is distracting and should be avoided at all cost. The legality impact is also a liability towards clients and the company. It influences a person's ability to make a sound decision.
This gift-giving in the "older days" was abused by some big companies, which was over the line and unethical, namely in the case of perdue pharma. Perdue Pharma, a company in the healthcare field, was marketing opioids, which were painkillers using the drug OxyContin, but used unethical marketing claims as well as gift giving, which was overboard in terms of giving gifts. Just focusing on the gift-giving of the company, Perdue Pharma would give doctors lavish gifts such as going on vacation trips as well as retreats for many of these doctors prescribing medicine to the public. Eventually, the company would misconstrue the definition of pain and convince doctors to prescribe the painkiller for any sort of pain even though the patient didn't need it. Due to the gift giving by the company, the doctor would make more money as well as the company because of the small amount of gifts given. In terms of gift giving, I've seen instances where professors are okay with receiving small gifts after graduation, such as textbooks or even some educational gifts, but I have always wondered what was considered overboard. In the case of Perdue Pharma, they were clearly doing something overboard and illegal, and it wasn't something small in the case of the gift to the professor, and this line was clearly crossed and not something that one can feign ignorance. This gift-giving by the pharmaceutical company was blatant and immoral, resulting in detrimental effects.
I have not experienced gift-giving in the corporate world myself, although we did have training on it. As a commentor above has said, it is pretty similar to academia where an instructor accepting a gift may lead to bias in terms of grading, passing the class, etc. However, it is much more serious in a medical setting. If a doctor prescribes a patient something that they do not need because of this bias, it has the potential to be absolutely detrimental to their health. This is why any "gifts" given to the physician has to have some sort of clear purpose. There has to be something that comes out of it. There are many regulations that explicitly state exactly how to conduct gift-giving in the medical world to consultants.
I didn't experience gift-giving in the corporate world but I think gift-giving is legal but could be used as bribery based on intentions. for example, if a group has succeded in doing a project, the company would celebrate by making food festival or giving a coupon either small value or large value.It would be considered illegal if the people in the project know that the project is harming the lives of their clients. Then, the gifts could be considered as bribes to hide the information.
I have not experienced gift-giving in the corporate world; however, there should be some set rules and expectations when it comes to giving gifts. When giving gifts, the company should keep the gifts at a small and nominal level such as company-branded merchandise. The gifts themselves should also align with moral values of appreciation. Meaning, the gifts should be given with the intent of showing appreciation to the other party. Additionally, inviting the parties to occasional meals or entertainment can also be used as a gift-giving opportunity, as long as there are limits to the frequency and the extravagance of these events. Gifts would be considered immoral when they are of excessive value, are being given frequently, or have quid pro quo expectations such as expecting a gift of equal or more value to be given in the future. These can be avoided by understanding the company policies for gift-giving.
From recent training received at my job we were always told that gifts shouldn't be higher than $50 dollars and should be able to be shared with others within the company or benefit the tasks needed to complete our studies. I assume the gift value ranges are different within companies but the rules and regulations seem to be very similar across different corporations.
The days of giving gifts like the "old days" are in the past for most companies today. The company that I am currently working at actually assigns a specific training relating to this exact topic and gives different instructions on what types of gifts can be accepted and what gifts cannot be accepted. Additionally, this training highlights different rules to maintain even when out to dinner with non-company employees such as suppliers, and how to approach these scenarios. In most cases, I believe that gift-giving should be kept to a minimum as it can result in a conflict of interest and also can be viewed as a way to steer another person's judgment, which is unethical. Gift-giving can not only have an impact on the individual but can also result in a stained public perception of the company as other suppliers or physicians may conclude that the positive reaction to a company's product may be the result of various gifts given to other suppliers and physicians.
I don't believe giving lavish gifts like the "old days" is permissible or appropriate in the modern pharmaceutical industry. As stated above, these gifts result in bias where physicians recommend products based on gift-giving rather than what is best for the patient. Patients should always be the first priority so it is unacceptable that patients are negatively affected by gift-giving. I do not think gifts need to be completely eliminated, but a cap amount should be set (like $100 or $250).
There are also some restrictions where patients can not give gifts to their physicians to. It carries a risk of subtle biasing to the care of that patient. According to the AMA, doctors are supposed to decline any cash and gifts that are expected or implied. They can only accept gifts of minimal value or if it will directly benefit the patient in someway. The whole point of this is doctor's Hippocratic oath where they protect the patient's health before monetary value. Gifts can undermine the objectives of the doctor and put the physicians ability to fulfill their primary role which is to serve the patient.
Gift-giving to doctors is a delicate and complicated topic, with different national and local laws and standards applying. In my opinion, it's fine to give a physician small gifts that are under $100, but not often. Also, it is ok to invite a physician to a dinner where you explain and advertise all the benefits of your product. On the other hand, I think it is illegal if you try to give a doctor money, like a monthly check, to sell your product to patients. Also, I think it's really bad to pay for a trip to the physician or give them unlimited research grants. In other words, it is unethical and sometimes even illegal to give expensive treatments to doctors in all ways.
In the corporate world, gift-giving is often subject to ethical considerations, legal regulations, and company policies to ensure transparency, fairness, and the avoidance of conflicts of interest. The principles surrounding gift-giving are particularly important in industries such as healthcare, finance, and government, where ethical standards and regulations are stringent. Here are some general principles and considerations:
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Legal and Regulatory Compliance:
- Different countries and industries have varying laws and regulations regarding gift-giving. It's crucial to be aware of and comply with these regulations. For example, in the healthcare industry, there are often strict regulations regarding interactions between pharmaceutical companies and healthcare professionals.
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Company Policies:
- Many organizations have specific policies regarding gift-giving. Employees are expected to adhere to these policies to maintain ethical standards and prevent conflicts of interest. These policies may set limits on the value of gifts that can be given or received.
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Transparency:
- Transparency is key in business relationships. Any gifts or benefits exchanged should be transparent and disclosed when necessary. This transparency helps build trust and ensures that stakeholders are aware of any potential conflicts of interest.
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Intent and Reciprocity:
- The intent behind gift-giving matters. If the primary motivation is to influence a decision unfairly or create an obligation, it may be considered unethical or even illegal. Gifts should not be used as a means to gain preferential treatment or business advantages.
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Appropriateness:
- The appropriateness of a gift depends on the context and industry. In some cases, even modest gifts can be perceived as inappropriate if they create a sense of obligation. Understanding the norms and expectations within a specific industry is essential.
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Relationships vs. Transactions:
- Building relationships is a legitimate business practice, and gift-giving can be a part of relationship-building. However, the focus should be on the quality of the business relationship rather than the value of the gifts exchanged.
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Gifts to Public Officials:
- In government and public sectors, there are often strict rules regarding gifts to public officials to prevent bribery or undue influence. These regulations are in place to ensure fair and transparent decision-making processes.
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Avoiding Excess:
- Lavish gifts or those of significant value may raise ethical concerns and can be perceived as attempts to influence decisions. It's generally advisable to avoid extravagant gifts that could compromise objectivity.
Ultimately, the key is to maintain integrity, transparency, and fairness in business relationships. It's important for individuals and organizations to be aware of the specific rules and expectations within their industry and jurisdiction to ensure ethical conduct.
Gift-giving or sponsorship within the medical and scientific fields raises ethical concerns. If products are promoted or used based on anything other than what's best for the patient's well-being, it could be deemed unethical and potentially should be prohibited. In contrast, when I consider sponsorships or gifts in contexts like social media or blogging, it typically involves non-medical items such as clothing, perfume, or household goods. These instances usually aim at marketing without causing harm or impacting mortality, unlike situations where medical decisions might be influenced by gifts or sponsorships, which could compromise patient care.