2. KEY PRINCIPLES UNDERLYING THE WORK WITH THE HEALTHCARE PROFESSION
With a view to avoiding potential legal infringements, the following four principles in particular should be complied with in Retina Implant AG’s dealings with the Healthcare Profession:
- principle of separating benefits and sales transactions (principle of separation)
- principle of transparency/approval
- principle of proportionality between service and consideration (principle of equivalence)
- principle of documentation.
1.1. Principle of separation
The principle of separation requires a clear separation between benefits and sales transactions, i.e. benefits to the Healthcare Profession must not be dependent on sales. Furthermore, benefits must not be misused to improperly influence the Healthcare Profession’s conduct, prescription and purchase decisions or its recommendations/referrals in favour of Retina Implant AG’s products and/or services.
1.2. Principle of transparency/approval
The principle of transparency/approval requires unilateral benefits and relationships involving the exchange of services with healthcare professionals to be disclosed to the respective employer (principle of transparency) and approved in writing by this employer (principle of approval).
1.3. Principle of equivalence
According to the principle of equivalence, in the case of relationships involving the exchange of services, the consideration (on the part of Retina Implant AG) must be proportional to the service (on the part of the Healthcare Profession) at fair market value. This is based in particular on the scope of the service, the time spent and the qualifications the contractual partner requires to provide the service.
1.4. Principle of documentation
Agreements with healthcare professionals must always be set down in writing. The proper provision of the agreed service is to be documented by means of appropriate documents (e.g. invoices, schedules of services provided, written reports, manuscripts, etc.). All payments must be made by transfer to the stipulated bank account of the contractual partner. All documentation must be kept for at least ten years.