Trust Representative Policy

TRUST REPRESENTATIVE POLICY

Version / 11
Name of responsible (ratifying) committee / Governance and Quality Committee
Date ratified / 09 February 2017
Document Manager (job title) / Head of Legal and Compliance- Procurement
Date issued / 20 February 2017
Review date / 19 February 2020
Electronic location / Management Policies
Related Procedural Documents / Clinical Trials, Loans and Consignment stock Policy Standards of business conduct ,
Marketing Communications, Commercial Sponsorship and Advertising Policy
Key Words (to aid with searching) / Procurement, visits, gifts hospitality, samples, corruption, fraud, conflict of interests, contracts, Codes of practice; Business practice; Bribery and Corruption; Contracts; Tendering; Prejudice; Professional accountability; Sponsorship; Gifts.

Version Tracking

Version / Date Ratified / Brief Summary of Changes / Author
11 / 09.02.2017 / Minor deletions in Duties and Responsibilities section, insertion of outline requirements for Consignment, Loans and Trials Procedure in Products section, minor additions to Contracts section / NRA
10 / 06.01.2015 / Redrafting of Representatives Policy 9.4 / Natalia Rojas

CONTENTS

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1.INTRODUCTION

2.PURPOSE

3.SCOPE

4.DEFINITIONS

5.DUTIES AND RESPONSIBILITIES

6.GENERAL REQUIREMENTS

7.PROCESS

8.PRODUCTS

9.CONTRACTS

10.CONFIDENTIALITY AND DATA PROTECTION

11.CONSULTATION DETAILS AND REVIEW

12.MONITORING

13.TRAINING REQUIREMENTS

14.REFERENCES AND ASSOCIATED DOCUMENTATION

15.EQUALITY IMPACT STATEMENT

16.MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS

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The Trust procurement department ‘South of England Procurement Services’ is the first point of contact both for current, new and potential suppliers.
All supplier/company staff whilst on site must wear an ID badge with their name and company clearly visible.
Trust staff should seek advice and support from procurement at South of England Procurement Services where there are issues/queries.
‘Cold calling’ or visiting wards/departments by supplier representatives without permission or an appointment is strictly prohibited.
Orders for goods or services must not be solicited from Trust staff – the only recognised documentation is an official purchase order.
Pricing or commercial discussions can only be conducted in conjunction with South of England Procurement Services staff.
Trust staff are not to be offered samples of products unless prior agreement with the South of England Procurement Services staff.
Business gifts and Hospitality (other than items of very small intrinsic value such as diaries pens or calendars) must not be offered and will not be accepted.
Items of Medical equipment loaned to the Trust will be subject at all times to our Clinical engineering Management procedures including Indemnity arrangements.
Representatives are to ensure professionalism and courtesy are shown and reciprocated at all times. Contact details for new/potential suppliers shall be provided to South of England Procurement Services.

1.INTRODUCTION

It is recognised that, in addition to providing information to health practitioners, the prime function of company representatives is to promote and sell their products and services. This function should be carried out in a proper and ethical manner and must not contravene the Trust, NHS or government policies.

2.PURPOSE

The aim of this policy is to establish and enhance a professional relationship between Portsmouth Hospitals NHS Trust (the Trust) and its suppliers and to provide suppliers and their representatives with information on how they are expected to behave and what behavior they can expect from the Trust staff.

If this policy is breached, Representatives may be removed or barred from site or reported to company, commercial / professional organisations if codes of practice are breached.

3.SCOPE

It is essential that suppliers do not gain special favour by passing the normal commercial processes, for example bringing undue influence to bear on individuals in the Trust. Avoiding such influences will help prevent:

•Commercial bias,

•Fraud,

•Bribery,

•The possibility of Trust employees being inadvertently compromised,

•Risk to patients due to products not being clinically evaluated,

•Risk to patients due to lack of staff training,

•Risk that free of charge/sample products are utilised with no indemnity agreements in placeleaving the Trust open to liability.

Representatives and Trust Staff must comply with the following legislation and code of practice related to this Policy: The Bribery Act 2010, Code of practice for the pharmaceutical Industry (ABPI), the Department of Health Master Indemnity Agreement, Medical Devices (Amendment) Regulations 2008 No. 2936 which transpose Directive 2007/47/EC into UK law and other associated regulations.

4.DEFINITIONS

4.1 Supplier Representative

An Individual, sales agency or company that sells products, services and or equipment and represents its company on commercial relationships between the Trust and the company.

4.2Conflict of Interest:

Asituation in which a person is influenced, or could appear to be influenced by; any significant personal or private gain or advantage, or possibility of any loss or disadvantage; or personal involvement in, or pre-judgment of any issues, regardless of any financial connection, where such influence might be seen as improperly or materially affecting the person’s judgment. For example:

•Having a financial interest (e.g. holding shares, options or partnership agreements) in a supplier or any employee or officer thereof;

•Having a financial, or any other personal interest in the outcome purchasing decisions;

•Being in employment by or providing services to any provider of similar services;

•Receiving any kind of monetary or non-monetary payment or incentive (including hospitality or commercial sponsorship) from any candidate/healthcare provider or its representatives;

•Canvassing, or negotiating with, any person with a view to entering into any of the arrangements outlined above;

•Having a close family member (which includes unmarried partners) who falls into any of the categories outlined above; and

•Having any other close relationship (current or historical) with any supplier/healthcare provider.

4.3Fraud

Abuse of position, false representation, or prejudicing someone's rights for personal gain.

5.DUTIES AND RESPONSIBILITIES

Chief Executive:

The adherence to the Company Representatives Policy within the Trust(s) is the overall responsibility of the Chief Executive. This is delegated to:

Chief of Service and Service Managers:

The Chief of Service and/or the Service Managers who are responsible for implementing all aspects of this policy within their Clinical Service Centers (CSC) and Departments.

Heads of Procurement:

Heads of Procurement will:

•Provide advice on the policy as required

•Audit the policy

Head of Pharmaceutical Service:

Head of Pharmaceutical Service will:

•Provide the interface between pharmaceutical companies and Heads of Procurement in order to facilitate and ensure adherence to the Policy.

Suppliers:

This Policy requires that suppliers ensure this policy is communicated to all the employees that will interact with The Procurement Department

All staff:

This policy requires all staff members and supplier representatives to observe the highest standards of ethics in activities regarding purchasing of goods and services.

6.GENERAL REQUIREMENTS

6.1Conflicts of Interest

Staff members and supplier representatives will immediately disclose to The Procurement Department, actual, perceived, or potential conflicts of interest involving any supplier representatives. A conflict of interest to be a situation in which a supplier, representative or member of staff has interest that could improperly influence that persons performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations and that such conflict of interest may contribute to, or constitute a prohibited practice under this policy.

Staff involved in tender processes and awarding of contracts, must take no part in a process if a conflict of interest may exist.

6.2Corruption and Fraud

Staff members and supplier representatives shall comply with The Bribery Act 2010. Under this Act there are four offences: 1) bribing, or offering to bribe, another person requesting; 2) agreeing to receive, or accepting a bribe; 3) bribing, or offering to bribe, a foreign public official and 4) failing to prevent bribery.

It is the duty of every staff member and supplier representative to speak up about genuine concerns in relation to criminal activity, breach of a legal obligation (including breach of contract, breach of administrative law and negligence), miscarriage of justice, danger to health and safety or the environment, and the cover up of any of these in the workplace.

Staff members and supplier representatives are required not to use their position to gain financial advantage. The Procurement Department are keen to prevent fraud and encourages representatives with concerns or reasonably held suspicions about potentially fraudulent activity or practice, to report these immediately to a Chief of Service or Service Manager.

6.3Staff Contact with Supplier Representatives

Clearly there will be occasions when employees will be required to contact suppliers in support of this policy, however, it is requested that this direct contact be restricted to the following:

•To request training and educational support, where provided through a formal contract;

•To request updated literature and research around the company’s products or specialist area;

•When taking part in formal research data collection exercise;

•When supporting a tender process via The Procurement Department;

•In order to clarify any issue with current contract or purchasing agreement via The Procurement Department;

•To obtain technical advice with regard to a specific product or service;

•To obtain indicative prices in support of new services or goods, or for potential funding (e.g. from the capital monies);

•Other than for the restricted contact above, under no circumstance should commercial negotiation take place with suppliers without the direct involvement, or prior consent, of The Procurement Department.

Products or services must not to be left for ‘trial’ within the organisation without the prior knowledge of The Procurement Department.

6.4Pricing

Staff and suppliers are reminded that commercial information is confidential. This must be borne in mind especially when discussing rival firms and their products and prices. Representatives need to be aware that hospital costs should include V.A.T where applicable. Local price comparisons should not be disclosed to representatives as they will contain confidential information.

6.5Trust’s Expectations of Supplier Representatives

Supplier representatives must note that it is the Trusts expectation that all representative activity is concerned with supporting any contract awarded, which will include for example on-going training, monitoring of consignment stock and instrumentation. Supplier representative visits into theatres and/or wards must not be used to sell additional products or to grow business artificially beyond contracted volumes. Also, no additional products may be introduced into the Trust without the approval and commercial recommendation from the Procurement Department. Suppliers who fail to adhere to these requirements will run the risk of their contract being terminated.

7. PROCESS

Purchase request must come via The Procurement Department known as NHS South of England Procurement Services (The Procurement Department). The Procurement Department will then be able to advise on the process to undertake depending on the value, the risk and the complexity of the goods/service to be procured.

Any other request related to the purchase of products or services, promotional activities, trial and any other activities which may affect directly, or indirectly the Trust purchasing decisions of the Trust shall be redirected to the Procurement Department, who will assess the risk and the required measures to ensure compliance with legislation and any other statutory obligations.

Staff should not at any time seek to give undue advantage to any private business or other interests in the course of their duties and must treat all providers equally and in a non-discriminatory way.

7.1Visits to the Trust

Representatives may only seek an appointment were there is a valid reason for the visit, to meet with departmental managers, clinical and medical staff or an open meeting with junior staff in a group.

Representatives should respect their position as a visitor to the organisation and comply with the organisation security regulations. Representatives may not enter any clinical or non-clinical areas (including wards and out-patient areas) or visit any team without a prior appointment.

For access to clinical and non-clinical areas within the organisation sites, contact the switchboard for the relevant area and ask for departmental secretaries. Department or similar staff may refuse to see, or admit representatives without an appointment.

Companies with representatives visiting health care premises must ensure their employees do not provide risk to vulnerable adults/children or staff. The Trust requires companies to comply with DBS regulations.

To make an appointment to see a Head of Procurement, please contact the main procurement number on 01489 779600, or in their absence a Procurement Manager, a Senior Procurement Specialist or Senior Buyer using the same number.

The appropriate directorate should also be approached when a representative is promoting a new product or service and when the staff show genuine interest in using a new or recently promoted product or service.

Please note that most NHS sites operate Pay and Display or barrier Car Parking facilities that can cause delays in finding a space and anyone illegally parked may be clamped or towed away.

All NHS sites are smoke free and any visitor or representative to any site, must abide by local requirements.

Should any emergency situation arise whilst on a hospital site, fire alarm restrictions or major incident, all representatives must obey any instructions given to them by NHS staff.

7.2 Infection Control Guidelines

Organisms can be carried from patient to patient and hospital to hospital. All patients and individuals, including visitors, are a potential infection risk, so decontamination must be carried out before equipment enters the Trust site.

Supplier representatives must maintain personal hygiene and hand decontamination standards when visiting the Trust. If any equipment is brought into the Trust, there is a risk of cross infection unless a decontamination procedure has been carried out. The representatives must also ensure that any additional cleaning/decontamination can be processed utilising the current chemical solutions in use within the Trust.

It is the responsibility of the supplier representative to ensure equipment is decontaminated between patients and hospitals. A certificate will be required to confirm that decontamination procedures have been complied with if appropriate.

The potential exists for supplier representatives to come into contact with blood and body fluids. The representatives should be familiar with potential risk and take responsibility for their own immunisation. Further information can be obtained from the Trust’sOccupational Health Department.

7.3Promotional Activity

Representatives should be well informed about the products that they are promoting. Standard, technical and where appropriate, clinical data, including information on product effectiveness should be available.

No promotional activities will be allowed after a procurement opportunity has been published. Any promotional activities during a procurement process are prohibited and may disqualify a company from the procurement process if any of its representatives undertakes any activity that could influence the purchasing decision.

Price comparisons should not be used, unless they are approved by The Procurement Department who can be contacted on 01489 779600. Where any teaching and/or promotional activity is planned, representatives must advise the department manager and relevant procurement manager. All other relevant information which may be considered as an offer will need to be clearly reflected in writing and provided to the Department Manager.

Leaflets and posters produced by suppliers may not be distributed or displayed in areas unless approved by the manager in that area.

Misrepresentation of this information will be construed as a deliberate attempt to contravene the organisations policy. Any contracts signed as a consequence of prohibited or fraudulent promotional activities will be understood as misrepresentation and it may invalidate the contract.

7.4Gifts

Trust staff should exercise extreme caution when hospitality is being offered from anyone wanting to do business with the Trust.

Business gifts, other than items of very small intrinsic value such as business diaries or calendars, should not be offered and will not be accepted.

Representatives must not attempt to influence business decision making by offering hospitality to Trust staff. The frequency and scale of hospitality accepted will be managed openly and with care by the Trust.

7.5Hospitality

Staff should exercise discretion in accepting offers of hospitality from suppliers, other organisations or individuals concerned with the supply of goods, services or works. Modest hospitality provided in normal and reasonable circumstances during the course of working visits may be acceptable, although it should be on a similar scale to that which the Trust or The Procurement Department might offer in similar circumstances, e.g. hospitality provided at meetings, events, seminars such as coffee, tea or biscuits. In cases of doubt, advice should be sought from your line manager.

Hospitality offered must be secondary to the purpose of the meting. The level of hospitality offered must be appropriate to the circumstance and the objectives of the meetings.

7.6Funding for Travelling

The Trust will not normally accept funding for travel to conferences, seminars or when viewing specific pieces of equipment, but if a directorate feels such a visit would be of benefit to the Trust, then approval can be sought from the relevant Chief of Service unless during a tender process.

Sponsorship for travelling with respect to a supplier audit can only be accepted with prior consent from the relevant Director.

7.7Sponsorship

Sponsorship relating to courses or conferences is only acceptable if it forms part of an educational or training course approved by the appropriate Director within the Trust, previous review by The Procurement Department.

Sponsorship for travelling and accommodation for courses can only be accepted with prior consent from the appropriate Director and communication to The Procurement Department. A letter stipulating what financial sponsorship is being offered must be received before any offers can be accepted.