The Newcastle Upon Tyne Hospitals NHS Foundation Trust Code of Practice for Supplier Representatives (other than Pharmaceutical) Version: 1.2 Effective From: 30 March 2016 Expiry Date: 30 March 2019 Date Ratified: 9 March 2016 Ratified By: Medical Devices Steering Group 1 Introduction This policy provides clear and concise guidance to supplier representatives in respect of their sales activities across all sites within the Newcastle Upon Tyne Hospitals NHS Foundation Trust. 2 Policy Scope This policy applies to all Supplier Representatives (other than Pharmaceutical) and is provided to ensure that all the guidelines detailed within are adhered to. Contravention of the Code could impair the status of a company as an acceptable supplier to the Trust. 3 Aim of the policy The policy has been developed to ensure that all supplier representatives are aware of the Trust s code of practice with regard to Trust site access, security, patient safety and the provision of product/device samples for trial purposes. 4 Duties Roles and Responsibilities It is the responsibility of all supplier representatives to ensure that they are fully compliant with this code of practice It is the responsibility of the Supplies Department to ensure that a copy of this code of practice is readily available for all supplier representatives and for Trust staff via the Trust s intranet. It is the responsibility of a Senior Member of the Supplies Department to ensure that the policy is updated in a timely manner and is presented in accordance with the Trust s Policy and Procedural Documents. 5 Definitions Department of Health s Master Indemnity Agreement - The Master Indemnity Agreement (MIA) provides protection to an NHS trust when it is in receipt of equipment Page 1 of 5
or goods from a supplier. The MIA register holds the names of all the suppliers, their MIA registration numbers and the expiry date of their insurance and is updated monthly. 6 The Code 6.1 All supplier representatives should wear a photographic identification badge. 6.2 Visits to members of Trust staff in wards, clinics, theatres and departments should be by prior appointment only. 6.3 When visiting the Trust for the first time, all supplier representatives must report to the Supplies Department and speak with a Senior Buyer. They will be provided with a copy of the Code of Practice and given information particular to their product area (e.g. existing product rationalisation within the Trust arising from contracts, agreements or formularies). The Senior Buyer should be kept informed of new products, changes to existing products and commercial propositions. 6.4 Supplier representatives will have no direct access to patients and may only visit patient care areas (wards, theatres, clinical departments, A&E, outpatients) at the specific invitation of, and accompanied by, a senior member of staff. 6.5 Suppliers wishing to introduce samples of consumable products for trial purposes who are not included in the Department of Health s Master Indemnity Agreement List (Indemnity Guidance Notes) should provide the Assistant Supplies Manager (Logistics) with a completed appropriate and uniquely referenced Indemnity Forms (form A is for loan equipment and Form B is for free issues including consumables), a Supplier Delivery Note and proof of the Supplier s public and product liability insurance. This information will be agreed and recorded by the Assistant Supplies Manager (Logistics) prior to the product being left with a senior member of staff at the point of delivery. 6.6 Suppliers wishing to introduce samples of consumable products for trial purposes and who are included in the Department of Health s Master Indemnity Agreement List, should provide a Delivery Note, quoting the reference number and details of the samples being provided, to the Assistant Supplies Manager (Logistics) who will agree and record the details prior to the product being left with a senior member of staff at the point of delivery 6.7 Any samples of consumable products provided for evaluation purposes to wards, other clinical areas or departments, must meet all appropriate international, national or NHS standards (e.g. CE marking) and be provided free of charge and with full user-instructions and training as necessary.. 6.8. Any electromedical equipment provided for evaluation purposes to wards, other clinical areas or departments, must meet all appropriate international, national or NHS standards (e.g. CE marking) and be provided free of charge and with full user-instructions and training as necessary. Such equipment must be delivered Page 2 of 5
into the Trust via the hospital site Electronics and Medical Engineering (EME) Department. Suppliers should be included in the indemnity agreement list, managed and published by the Department of Health Appropriate indemnity forms (i.e. A or B) and delivery note should be provided to the EME Department. 6.9 Any mechanical medical equipment provided for evaluation purposes to wards, other clinical areas or departments, must meet all appropriate international, national or NHS standards (e.g. CE marking) and be provided free of charge and with full user-instructions and training as necessary. Such equipment must be delivered into the Trust via the hospital site Engineers Department. Suppliers should be included in the indemnity agreement list, managed and published by the Department of Health Appropriate indemnity forms (i.e. A or B) and delivery note should be provided to the Engineers Department. 6.10 Where a product is included in an existing Trust formulary, contract or agreement, supplier representatives are permitted to promote and provide training in respect of that product, to Medical, Nursing, Departmental and Supplies staff. 6.11 Where a product has been excluded from an existing Trust formulary, contract or agreement for such products, supplier representatives are not permitted to promote the product to Medical, Nursing or Departmental staff and should seek advice from Supplies Department Senior Buyers. 6.12 Where the Trust has no formulary, contract or agreement for a product which a supplier wishes to promote, supplier representatives are permitted to promote the product only to Consultant Medical Staff, Senior Nursing Staff and Departmental Heads in order that they can decide whether to request its inclusion in formularies, contracts or agreements. 6.13 Where, as a result of a supplier promoting a product which is not the subject of an existing contract or agreement and a formal quotation is requested, the quotation should be addressed to the Supplies Department and copied, if required, to the senior medical, nursing or departmental staff involved. 6.14 The Trust s Standards of Business Conduct Policy details the levels of transparency and integrity expected of individuals when acting on Trust s business. Individuals must therefore ensure that their engagements with Supplier Representatives are beyond reproach and that any offers or gifts, hospitality, sponsorship etc. are fully declared in line with the Trust s Standards of Business Conduct Policy, irrespective of whether they are accepted or not. Similarly, individuals must not make any representation that could appear to request any such gift, hospitality, sponsorship etc. Individuals should also ensure that any such offers are also declared in the event of any procurement, tendering, or purchasing for similar products/ or with the same/ or competing company. This will demonstrate transparency and fairness in process. Page 3 of 5
6.15 Supplier Representatives are reminded of their personal and corporate obligations under the Bribery Act 2010, not to attempt to influence any individual by way of offering gifts, hospitality, sponsorship etc. Furthermore, in the event of a Trust employee requesting gifts, hospitality, sponsorship etc, Supplier Representatives are requested to consult the Trust s Fraud, Bribery and Corruption Policy and Response Plan to report the request. 7 Training There are no training requirements associated with this Code of Practice. However, all Trust staff should be familiar with its content and know how to access a copy 8 Equality and Diversity The Trust is committed to ensuring that as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not discriminate against individuals or groups on any grounds. This document has been appropriately assessed. 9 Monitoring and Review Standard/process/ issue Recording of sample products for trial purposes Monitoring and Audit Method By Accountability Frequency Products are Assistant Supplies and Continuous recorded as a nil Supplies Procurement value purchase Manager Director to whom order to ensure (Logistics) serious breaches goods are recorded must be reported on the Trust s Purchase Order Processing item file Ensuring Supplies Staff are familiar with the Code of Practice and how to access it Team Leaders from the Supplies Department will review this Code of Practice at their monthly meetings Assistant Supplies Manager (Supplies) Supplies and Procurement Director to whom serious breaches must be reported Monthly 10 Consultation and Review The Code of Practice for Supplier Representatives (other than Pharmaceutical) has been prepared following consultation with the Supplies and Procurement Director and will be reviewed bi-annually. Page 4 of 5
11 Implementation of Policy (including raising awareness) The Code of Practice for Supplier Representatives (other than Pharmaceutical) is available to all Trust staff via the Trust s intranet and will be provided to all Suppliers that visit the Supplies Department. 12 Associated Documentation Indemnity Guidance Notes Appropriate indemnity forms (i.e. A or B) Page 5 of 5
The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 2. Name of policy / strategy / service: Code of Practice for Supplier Representatives (other than Pharmaceutical) 3. Name and designation of Author: Lesley Fallon 4. Names & Designations of those involved in the impact analysis screening process: Mrs Lucy Hall; Equality and Diversity Lead 5. Is this a: Policy x Strategy Service Is this: New Revised x Who is affected: Employees X Service Users Wider Community 6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy) The policy has been developed to ensure that all supplier representatives are aware of the Trust s code of practice with regard to Trust site access, security, patient safety and the provision of product/device samples for trial purposes. Code of Practice EQUALITY ANALYSIS FORM A (2)Page 1 of 4 Dec 2013
7. Does this policy, strategy, or service have any equality implications? Yes x No If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons: 8. Summary of evidence related to protected characteristics Protected Characteristic Evidence i.e. What evidence do you have that the Trust is meeting the needs of people in various protected Groups related to this policy/service/strategy please refer to the Equality Evidence (available via the intranet Click A-Z; E for Equality and Diversity. Summary on front page and more detailed information in resources section) Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date) Does the evidence highlight any areas to advance equal opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date) Race / Ethnic origin (including gypsies and travellers) None relevant to this policy Some patients may not be able to read the instructions Add in appropriate formats to 6.7 No Sex (male/ female) None relevant to this policy No No Religion and Belief None relevant to this policy No No Sexual orientation including lesbian, gay and bisexual people None relevant to this policy No No Code of Practice EQUALITY ANALYSIS FORM A (2)Page 2 of 4 Dec 2013
Age None relevant to this policy No No Disability learning difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section None relevant to this policy Some patients may not be able to read the instructions Add in appropriate formats to 6.7 No Gender Reassignment None relevant to this policy No No Marriage and Civil Partnership None relevant to this policy No No Maternity / Pregnancy None relevant to this policy No No 9. Are there any gaps in the evidence outlined above. If yes how will these be rectified? No 10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in Code of Practice EQUALITY ANALYSIS FORM A (2)Page 3 of 4 Dec 2013