Promotional speaking
The purpose of this checklist is to assist in determining whether an activity is “Promotional Speaking.” Promotional speaking is not a permissible activity. There is a strict limitation on off label promotion or direct marketing of a product or service. Please note that in-person, online seminar, and pre-recorded speaking engagements, including those for which you are only required to participate in the question-and-answer portion of the presentation, may fall into the category of “promotional speaking.”
If you answer “Yes” to one or more of the following questions, this activity likely falls into the category of “Promotional Speaking.”
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Question to consider: |
Yes/No |
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Is the contract for the Speaking defined as a Speaker’s Bureau, a Speaker’s Program, or a Master Speaking Agreement with a for-profit drug, device, therapy, or biologic manufacturer? |
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Does the agreement require attendance (in-person or virtual) at a Speaker Training session, for which you may or may not be compensated? |
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Is the presentation branded with a manufacturer (company) name or logo and/or are any copyright claims made in any portion of the materials? |
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Is the content of the presentation described as promotional and/or not eligible for continuing education (CE) and/or continuing medical education (CME)? |
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Does the presentation fail to qualify for Continuing Education credits (e.g., ACCME) due to failing to meet standards ensuring independence? |
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Was the presentation created by the company or other individuals associated with the company? |
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Do changes to the presentation require approval by the company or are you otherwise not allowed to make any changes to the presentation? |
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Is the presentation only available to you in “read only” or password protected formats? |
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Do changes to associated handouts or other visual aids require approval by the company or are you otherwise not allowed to make any changes to these materials? |
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Are you required to present every slide of the approved presentation? |
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Does the company contractually restrict your answers to audience questions? |
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Does the company sponsor meetings not associated with scientific meetings, such as dinner meetings at various venues including restaurants, where you are brought in to give presentations? |
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Is the contract’s scope of work so vague that the nature of the engagement cannot be determined? |
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Are statements on conflicts of interest missing from the slides or presentation? |
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Is this presentation supported by direct industry grants or honoraria? |
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