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HCP training in foreign country by medical device companies is now permitted in specified circumstances and compliances without prior approval.
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Medical device companies may now extend travel and hospitality to healthcare professionals participating only in training programmes.
INTRODUCTION
Medical device companies in india who are struggling to train Indian HCPS in foreign countries in absence of such training facility in India have some respite as he Department of Pharmaceuticals (“DoP”) has relaxed the Uniform Code for Marketing Practices in Medical Devices, 2024 (“UCMPMD”) for the same. The DOP, through Circular No. 1 of 2026 dated April 30, 2026 (“Circular”)1, has amended certain key provisions of the UCMPMD. These amendments are in relation to the conduct of training programmes for healthcare professionals (“HCPs”) in foreign locations, and the provision of travel and hospitality for HCPs participating in a training program.
The Circular has been issued pursuant to representations made by several industry associations and stakeholders in relation to practical challenges faced by the medical device industry with respect to specialised foreign trainings for HCPs. Through the Circular, the DoP has sought to introduce certain relaxations under the UCMPMD while continuing to retain compliance and disclosure requirements in relation to such engagements.
CONDUCTING OF HCP TRAINING PROGRAMS IN FOREIGN LOCATIONS
Prior to the Circular, Para 6.2 of the UCMPMD prohibited the conduct of such training programs in foreign locations, except in exceptional circumstances such as the non-availability of trainers, equipment or products within India. In such cases, companies were required to submit detailed justifications and particulars relating to the proposed training programme to the DoP at least three (3) months in advance, and such trainings could only be conducted upon specific approval from the DoP that was usually delayed for long time.
The Circular removes the previous requirement of obtaining prior approval from the DoP or any other authority for conducting such trainings. Instead, medical device companies are now only required to share details of the proposed training programme, including the justification, details of participants and estimated expenditure for the entire programme with their respective industry associations at least one (1) month prior to the training. The industry associations would then place such information in the public domain, in a move to encourage transparency in the industry.
As mentioned, the companies can now conduct an advanced clinical training or demonstrations by experts where such equipment or expertise is not available in India, in foreign locations by inviting HCPs to participate in such trainings. The Circular further clarifies that such trainings should be conducted in countries where the relevant equipment and experts are available for demonstration and mentoring purposes.
The revised framework of UCMPMD has provided greater operational flexibility to medical device companies undertaking HCP trainings involving medical technologies which may not be available in India, continued with the disclosure and transparency requirements prescribed under the UCMPMD.
PROVISION OF TRAVEL AND HOSPITALITY FACILITIES
Prior to the Circular, Para 8.2 and 8.3 of the UCMPMD prohibited medical device companies and their representatives from extending travel facilities and hospitality to HCPs and their family members for attending conferences, seminars, workshops and other training events, inside or outside the country. However, the UCMPMD permitted extension of travel and hospitality benefits to HCPs participating as speakers at continuing medical education (“CME”) or professional development (“CPD”) programs.
The Circular has now expanded this relaxation by additionally permitting companies to extend travel and hospitality to HCPs participating only in such training programmes. However, it continues to prohibit extension of such benefits to family members (immediate as well as extended) of HCPs.
Accordingly, medical device companies can now facilitate travel and hospitality expenses for HCPs participating in training programmes as both speakers and participants. Companies undertaking such arrangements would nevertheless be required to maintain adequate records and documentation to ensure that the sponsorship is directly linked to legitimate training activities permissible under the UCMPMD.
POTENTIAL IMPLEMENTATION OF NMC CODE - THE GREY AREA
The Circular further provides that under the note to Para 8.4 of the UCMPMD, where any item is missing under the UCMPMD, the provisions of the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 (“NMC Code”) would prevail, replacing the provision which stated that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (“MCI Code”) would prevail in such situations.
However, it is pertinent to note that the NMC Code was placed in abeyance on August 23, 2023, shortly after its notification on August 9, 2023, pursuant to representations made by various stakeholders in 2023. Accordingly, until further clarification is issued by the DoP or the National Medical Commission (“NMC”), it may be understood that the MCI Code would continue to be enforced. In view of the same, despite the reference to the NMC Code under the Circular, the provisions of the MCI Code may continue to remain applicable in relation to matters not specifically addressed under the UCMPMD.
In the event the NMC Code is implemented, it may significantly impact industry interactions with HCPs, including certain activities presently permissible under the UCMPMD. The NMC Code adopts a substantially stricter approach towards engagement between HCPs and the pharmaceutical industry. It prohibits HCPs and their family members from accepting gifts, travel facilities, hospitality, cash or monetary grants, consultancy fees and honorariums from pharmaceutical companies under any pretext, except where such HCPs are engaged as employees of that organisation. The NMC Code also prohibits HCPs from participating in third-party educational activities such as CMEs, CPDs, seminars, workshops, symposia and conferences involving direct or indirect sponsorships from pharmaceutical companies or the allied healthcare industry.
Accordingly, if implemented, the NMC Code may require medical device companies to reassess existing arrangements relating to sponsorships, trainings, speaker engagements and other HCP interactions currently contemplated under the UCMPMD.
CONCLUSION
In a good forward-looking move, the Circular introduces significant relaxations to the UCMPMD in relation to foreign trainings and extension of travel and hospitality to HCPs participating in training programmes. It is very important to note that HCPs can participate only in trainings and no other events. The medical device companies need to be very cognizant of this. The amendments are likely to address several operational concerns previously raised by the medical device industry, particularly in relation to specialised trainings involving advanced medical technologies and expertise not available in India.
The Circular continues to retain a disclosure and transparency-based compliance framework requiring medical device companies to maintain adequate documentation and make relevant disclosures in relation to such engagements with HCPs. Further clarity from the DoP may also be required on the applicability of the NMC Code under the UCMPMD, particularly since the NMC Code presently remains in abeyance while the Circular states that the NMC Code would prevail where any item is missing under the UCMPMD.
Naveli Sharma, Tanya Kukade and Dr. Milind Antani
You can direct your queries or comments to the authors.
1Accessible at: https://pharma-dept.gov.in/sites/default/files/UCMDMD%20circular%201-2026%2BUCMDMP%20code%20as%20amended%20on%2030.4.2026%20%281%29.pdf