Are physicians required to have pharmaceutical sales representatives sign Business Associate Agreements?
No. Unless a sales representative is doing something outside of the representative’s normal role, a sales representative is not a “business associate” of a physician. The sales representative is acting on behalf of the pharmaceutical manufacturer, not on behalf of the physician. However, a sales representative does not need, and should not have access to, a patient’s protected health information as part of the representative’s sales visit to the physician.
Related Questions
- Do the Privacy Rules require physicians to have pharmaceutical sales representatives sign any type of confidentiality agreement, even one that is not a Business Associate Agreement?
- Are sales representatives and the sale strategies of pharmaceutical companies getting too aggressive towards physicians?
- Are physicians required to have pharmaceutical sales representatives sign Business Associate Agreements?
