美欧日澳公开医药企业支付医师费用法规述评

Review of Code of U.S.,European Union,Japan and Australia on Open Payment to Physician by Pharmaceutical Industry

借鉴美欧日澳有关"公开医药企业支付医师费用"的法规,为我国药品流通法规建设提供参考。从公开事项、公开平台和惩罚规则等角度对这些法规进行比较分析。公开事项多则五项少则两项;美国在医疗保险和医疗补助服务中心网站上对外公开,欧日澳在制药协会网站或企业网站上对外公开;除日本外,美欧澳都有具体的惩罚规则和相应额度。美欧日澳通过"公开医药企业支付医师费用"法规的实施,提高了企业资金流动的透明度,堵塞了非正常的企业与医师沟通渠道。

It can provide reference for the construction of the laws and regulations on drug circulation in China through drawing lessons from the related laws and regulations on ＂opening the doctors expense paid by pharmaceutical enterprises＂ in the U. S. , European Union （EU）, Japan and Australia. These laws and regulations are compared and analyzed from such angles as open matters, opening platform and punishment rules; The open matters that include 5 items at most or 2 items at least are open to the public on website of Centers for Medicare ~ Medicaid Services in the U. S. , and the websites of the pharmaceutical association or en~：erprises in EU, Japan and Australia. Except for Japan, the U. S. , EU and Australia have specific rules of punishment and the corresponding punishment amount. By implementation of the law and regulations on ＂opening doctors expense paid by pharmaceutical enterprises＂, the transparency of capital flow of the enterprises has been enhanced, the abnormal communication channel between the enterprises has been blocked in the U. S. , EU, Japan and Australia.