Code of Ethics License Agreement & Logo FAQs
Q: What is the purpose of AdvaMed's Code of Ethics Logo?
AdvaMed's Board of Directors has embraced an ongoing commitment to promote the ethical interactions among medical technology manufacturers and health care providers. The Logo is a visible symbol of medical technology manufacturers' commitment to the AdvaMed Code of Ethics and will let health care professionals know at a glance that they are dealing with a company that meets the highest ethical standards and has strong compliance programs in place.
Q: How may I use the AdvaMed Code of Ethics Logo?
Licensees may use the Code of Ethics Logo on print or electronic materials to represent their commitment to effective compliance programming and ethical interactions with health care providers. For example, licensees may print the logo on annual reports, promotional material, business cards, stationery and conference banners and signs. The logo may not be used in a manner or associated with text that implies that AdvaMed has endorsed or approved a licensee's products, technology or individual compliance plan or practices.
Q: How do I obtain the right to use the AdvaMed Code of Ethics Logo?
A member or non-member medical technology manufacturer may obtain a one (1) year right to use the AdvaMed Code of Ethics Logo upon submission of a properly executed License Agreement and submission of the Royalty Fee ($300). The Royalty Fee should be made by check, payable to AdvaMed.
Q: Who must execute the License Agreement?
The Chief Executive Officer (CEO) of the legal entity seeking the license must sign and date the License Agreement. For non-U.S. companies, the License Agreement may be signed by the highest ranking U.S. corporate executive having authority over the company's U.S. operations. The CEO may wish to consult with legal counsel regarding the implications of certification prior to signing the License Agreement.
Q: What does the License Agreement require?
The License Agreement requires companies to self-certify that they meet eight steps or elements in their implementation of the AdvaMed Code of Ethics. These eight elements align with the HHS Office of the Inspector General Compliance Program Effectiveness Guidance and outline specific programs and processes firms must maintain to ensure effective compliance with the Code.
Q: What type of "procedures" does element 1 of the License Agreement require?
Licensees should have established procedures necessary to operationalize standards consistent with the AdvaMed Code of Ethics.
Q: What "contractors" are subject to the training requirement of element 4?
The compliance training requirements apply to both a licensee's employees and independent contractors whose day-to-day responsibilities on behalf of the licensee make the material relevant. This includes those employees and independent contractors who interact with Health Care Professionals (as defined in the AdvaMed Code). This obligation does not extend to distributors or other distinct legal entities under contract with a licensee unless the entity has agency authority to act on behalf of the licensee.
Q: What type of disciplinary process does element 8 require?
Element 8 requires that the licensee's compliance policies will be enforced and that a licensee have in place policies to impose a range of disciplinary actions on a case-by-case basis to maintain a deterrent effect.
Q: Are AdvaMed Members required to obtain the Logo?
No. The logo license is strictly voluntary. However, AdvaMed strongly encourages all medical technology manufacturers to adopt effective compliance programs consistent with the AdvaMed Code of Ethics.
Q: What if I have a complaint about a company using the AdvaMed Code of Ethics Logo?
For any questions concerning a Member's compliance, you may contact the company's Corporate Compliance Officer.
Q: Who do I contact if I have questions about the AdvaMed Code of Ethics Logo?
For any technical difficulties with the electronic files, please contact please contact Nicki Boros at 202-434-7201 or nboros@advamed.org. All other Code-related questions should be directed to AdvaMed General Counsel Christopher White at 202-434-7217 or cwhite@advamed.org.
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