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7 Strategies For Commercial Compliance Readiness

Two people discussing how commercial compliance is a must in pharma’s complex regulatory landscape.

In today’s regulatory landscape, a sound commercial compliance program is a must for successful product launches & long-term market relevance. 

 

Small to mid-sized pharma companies are increasingly launching products, necessitating robust commercial compliance programs to navigate regulations + safeguard profits. The push, often led by general counsel + chief compliance officers, faces challenges like limited resources and expertise in crafting effective compliance strategies. 

 

Why it matters: As these pharma companies expand, the complexity of adhering to both U.S. + international regulations grows. Compliance not only protects against legal risks but also enhances operational efficiency. 

The big picture:The U.S. Office of Inspector General (OIG) and international standards like the Organization for Economic Co-operation and Development (OECD)’s Principles require tailored compliance frameworks. If you don’t have the resources, you need a partner to help offer readiness assessments, strategy development + support services. 

By the numbers: Preparing for a pharmaceutical product launch involves a 12- to 24-month period of readiness assessment, identifying risks + setting a compliance roadmap based on OIG’s 7 recommended elements. 

The bottom line: Effective compliance is crucial for the smooth launch and sustained success of pharma products in the competitive + regulatory complex market. 

 

Below are examples for each of the 7 elements included in the OIG’s Compliance Program Guidance for Pharmaceutical Manufacturers. 

 

1. Written Policies & Procedures

Out-Of-The-Box Example Business-Aligned Example
Drag-and-drop policy templates with irrelevant business practices. Customized policies designed to enable business success while preventing regulatory risk.

 

2. A Compliance Officer & Compliance Committee

Out-Of-The-Box Example Business-Aligned Example
All responsibilities fall to the general counsel or chief compliance officer. Strategic oversight provided by the chief compliance officer with designated compliance leads(s) + committees to effectively support the different needs of the business.

Tip: If your company is global or has subsidiaries, consider appointing a country-level compliance officer + country-level compliance committees within each subsidiary. This doesn’t mean you need to hire all different people; you just need the right organization structure.

 

3. Employee Training & Education

Out-Of-The-Box Example Business-Aligned Example
Lengthy, plain-text policy document followed by a “check the box to confirm you’ve read + understood the content and the spirit of the content.”

Typically, these forms are scrolled through quickly, with little to no content absorption or comprehension. Blended (in-person and digital) engaging training + education programs designed to drive a thorough understanding of compliant activities + compliant behaviors relevant to individual roles + company expectations.

Blended (in-person and digital) engaging training + education programs designed to drive a thorough understanding of compliant activities + compliant behaviors relevant to individual roles + company expectations.

Customized learning management system that hosts processes + procedures for easy, ongoing reference; continuously improves to adapt to the ever-changing industry landscape; and stores reliable documentation of historical records.

 

4. Effective Lines Of Communication

Out-Of-The-Box Example Business-Aligned Example
Compliance hotline that’s difficult to find; limited human interaction. Address compliance questions + concerns in real time via readily available resources (e.g., an anonymous reporting system that allows communications with reporters, an ask-me-anything helpline service, a dedicated compliance resource to support the sales team).

 

5. Internal Monitoring & Auditing

Out-Of-The-Box Example Business-Aligned Example
Infrequent manual expense report reviews + field ride-alongs (often identifying issues dating back months). Ongoing risk-based monitoring + auditing with natural language processing + artificial intelligence auditing things like call/interaction records, expense reports + healthcare professional service arrangements like advisory boards to catch + correct before little things become big problems.

 

6. Prompt Response & Corrective Action For Detected Problems

Out-Of-The-Box Example Business-Aligned Example
Recommendations of well-publicized disciplinary guidelines to use as a reference. A protocol that is integrated into auditing + monitoring activities and is designed to promptly correct problematic behavior before it could lead to severe consequences for both the employee + the company that involves line management.

 

7. Enforcement Through Discipline Pursuant To Published Guidelines

Out-of-the-Box Example Business-Aligned Example
Templated, vague investigation + corrective action process documentation. Standardized templates + procedures that involve line management in corrective-action decisions designed to prevent future occurrences.

In contrast to the out-of-the-box examples, business-aligned standards are obviously better suited for an effective compliance program. Remember, a company’s compliance program is a representation of its commitment to the highest standards of corporate conduct.

 

Where To Turn For Compliance Support

Designing a commercial compliance readiness program aligned with the OIG’s guidelines requires time + expertise. If your team doesn’t have the resources to do this internally, an experienced external partner can provide valuable support. Here’s some considerations when selecting a compliance partner: 

  • Industry expertise: Does the partner specialize in pharmaceutical compliance and understand your specific business objectives? For example, are you a start-up, under a Corporate Integrity Agreement (CIA), or do your products require a Risk Evaluation and Mitigation Strategy (REMS)? 
  • Tailored solutions: Beware of one-size-fits-all programs. Many consultants offer generic solutions that may not fit pharma’s unique regulatory landscape. Pharma compliance, especially around marketing and medical information, demands nuanced policies tailored to your needs 
  • Alignment with business goals: Effective compliance programs integrate your company’s goals + culture. Templated policies can create administrative burdens or conflict with business activities. For instance, a policy limiting medical science liaison (MSL) communications could clash with your proactive engagement strategies. Policies should support, not hinder, your operations 
  • Partner integrity: Look for a partner who is committed to your best interests, not promoting an inflexible solution. A trusted partner will provide a fair assessment + develop policies suited to your company’s unique requirements 

 

How We Can Help

A well-designed commercial compliance program is not a barrier to profit, but a vital part of achieving sustainable growth. Choose a partner who understands pharma compliance + takes the time to understand your goals.  

With expertise in 100+ sales launches, we provide tailored support, from readiness assessments to compliance strategy development, that aligns with the OIG’s recommendations + your unique goals. 

 

To learn how we can help you deliver successful launches, visit Amplity Sales.

PUBLISHED

October 25, 2023
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