Bill on Disclosure of Benefits for Health Care Professionals

Following a trend initiated overseas by legal regulations such as the U.S. Physician Payments Sunshine Act, Argentina aims to establish a disclosure regime for with benefits that health care professionals receive from companies in the sector. The purpose of this system is to forestall possible conflicts of interest in therapeutic decisions.

In December 2016, Law No. 5,709 of the City of Buenos Aires was passed -though not yet regulated – and establishes a regime under which manufacturers, importers and distributors of medical, biological and pharmaceutical products must inform the Ministry of Health for disclosure purposes when they give away goods, services benefits or prizes with economic value to physicians, within the City of Buenos Aires.

On May 3, 2018 a bill was introduced to the Argentine Congress with similar provisions at a national stage. In the recitals of the bill it is mentioned that it aims to follow the parameters set out by foreign laws in the matter and that the pharmaceutical industry requires initiatives of good governance, due to the impact that its actions may have on the health of the population.

In such context, the bill expressly mentions that its main objective is to provide the patients with as much information as possible on any conflicts of interest that may affect health care professionals’ therapeutic decisions.

If passed, manufacturers, importers and distributors of medical, biological and pharmaceutical products will have to inform the Argentine Ministry of Health for disclosure purposes when they hand out goods, services benefits or prizes with economic value to physicians within the Argentine Republic. This includes payments in cash, payments for professional fees, payments to finance any kind of professional training, payments to pay travel expenses, handout of values, tickets, gifts, lodging, representation expenses, meals or any other goods with economic value.

The information provided must be systematized in a database and must be disclosed by the application authority for citizens to consult freely.