Introduction

The British Dental Trade Association is the body which represents manufacturers, wholesalers and distributors of products and services to the dental profession in the United Kingdom. It was formed in 1923 and now has in excess of one hundred members.

This Code of Practice has been developed to ensure that the highest standards of self-discipline are enshrined in the conduct of Members of The British Dental Trade Association. The Code is considered to be highly desirable because Members believe that their commitment to providing high quality, effective dental goods and ancillary services brings major benefits to the dental health of the nation and the country's economy. Members are thus required to install Quality Assurance systems which comply with the appropriate standards where this is not already a legal requirement.

The free choice of products within the market place should be based not only upon the highest possible standards of quality, but also on accurate, fair and objective information.The Code is intended to foster an ethical, orderly, competent and reliable supply network embracing all sections of the industry for the common good.

Adherence to the Code of Practice is an obligation upon Members of The British Dental Trade Association and there is a disciplinary procedure to deal with breaches of the Code. It is appreciated that some provisions of this Code are inappropriate for consumer dental health-care products which are already covered by that industry's own Codes of Practice.

The Code

1	Security of Products
1.1	Manufacturers or importers of dental products subject to regulation, licence or control will be responsible for ensuring they comply with the conditions of such controls.
1.2	Where the products are not subject to specific control, those responsible for their manufacture or importation should ensure that they are both manufactured and conform to internationally accepted standards and that the products are distributed by a responsible person/organisation.
1.3	Members purchasing products for resale should always satisfy themselves by means of a quality agreement that the supplier can be expected to assume the responsibility for the products as set out in paragraphs 1.1 and 1.2 above.
1.4	Members should maintain adequate batch control and distribution records to make it possible for products to be withdrawn, modified or a warning notice issued should that become necessary.
2	Service
2.1	Members should ensure that products offered for sale are supported by adequate stocks and technical information. In addition, they must satisfy themselves that diagnostic aids, equipment repair facilities and spare parts will be available to support the customers for the normal expected life of the product.
2.2	Members should not terminate distribution agreements or agency agreements in such a manner as to prejudice the end user. This is particularly relevant to those products involving warranty work or maintenance. In the event of an agency agreement or a distribution agreement ceasing for whatever reason, members should use their best endeavours to make provision to maintain essential supplies and service.
3	Staff and Training
3.1	Members are responsible for ensuring that their staff have the ongoing experience, product knowledge and ability necessary to perform their duties properly and effectively. This includes effective and timely response to customers’ queries. BDTA Training Courses are available to assist in this process.
3.2	(Affiliate Members – Exempt) Members’ staff should possess or be given sufficient dental and/or technical knowledge to be competent to provide information, on the products they are selling or promoting, in an efficient manner. As a minimum, all relevant staff should have attained the BDTA Certificate: Introduction to Dentistry or equivalent training within two years of commencement of employment with a Member. (Relevant staff are defined as those who might reasonably be expected to be in contact with customers.)
3.3	The following exemptions apply to the requirement for the BDTA Certificate:
	(a)	Relevant staff who were employed as at 1 January 1999.
	(b)	Relevant staff who hold an acceptable professional qualification.
3.4	Details of the examination status of relevant personnel must be provided to the Association on request.
4	Advertising and Promotions, Information and Claims
	(NOTE: This refers to all material directed at members of the dental profession, to those engaged in professions supplementary to dentistry, and to other persons concerned with the purchasing of professional dental products.)
4.1	Methods of advertising, promotion and activities at exhibitions should not bring the Association or its members into disrepute.
4.2	Advertisements should always be clearly recognisable as such, should not contain misleading statements and should make clear the true nature of the product.
4.3	All advertising matter should, as a minimum, be in keeping with and conform to any relevant national or international legal requirements, including but not limited to the Control of Misleading Advertisements Regulations and comply with the current version of the British Code of Advertising, Sales Promotion and Direct Marketing. All advertising matter should recognise the professional standing of the recipients and should therefore be in good taste as regards both text and illustrations. Suppressed zeros and unusual scales and differences, which do not reach statistical significance, must not be presented in such a way as to mislead.
4.4	In a health industry, the main objective of advertising must be to promote the use of a product by providing correct information about it, and make only such claims as can be satisfactorily substantiated. Methods of promotion should never be such as to bring discredit upon, or reduce confidence in, the Association or the dental industry.
4.5	References may be given in advertising matter to already published literature (including theses) directly relevant to the dental use of a product. However, direct quotations or the reproduction of illustrations from published literature should not be included without the consent of the copyright owner of the original article. Testimonials from members of the dental profession or other scientific disciplines should be attributed.
4.6	Promotional material should not imitate the devices, copy, slogans or general layout used by others in a way that is likely to mislead or confuse.
4.7	Disparagement, direct or implied, of competitive products or services is considered unethical and unacceptable. The names of other manufacturers and competitors and the brand names of their products should not be stated except when making exact reference to already published, peer reviewed scientific material or the relevant manufacturer’s published data.
4.8	Under normal circumstances disparagement, direct or implied, of competitive products or services is considered unethical and unacceptable. The names of other manufacturers and competitors and the brand names of their products should not be stated except when making exact reference to already published scientific material.
4.9	Known side-effects or possible hazards (which are not already common knowledge) which might result from the use of a product should be clearly stated.
4.10	The products or services of other suppliers or the clinical and scientific opinions of members of the dental profession should not be disparaged either directly or by implication.
5	Free Distribution of Products
5.1	The amount of free or trial samples given to an individual user should be no more than is adequate to allow the user to appropriately assess the product.
6	Prescription Medicines
	Where relevant, members agree to abide by the Code of Practice for the Pharmaceutical Industry as laid down by The Association of the British Pharmaceutical Industry together with the Prescription Medicines Code of Practice Authority.
7	Information to the General Public
	(NOTE: This includes the passing of information regarding dental products, by the dental industry and trade direct to the general public, through the lay press, the radio, or television or by any other means.)
7.1	When information on professional dental matters is passed to the public care should be taken to:-
	(a)	ensure that public pressure does not unduly influence clinical judgement;
	(b)	inform the British Dental Association, Dental Laboratories Association, General Dental Practitioners’ Association or the British Dental Health Foundation, as appropriate;
	(c)	ensure that all claims made regarding the product are accurate and can be satisfactorily substantiated;
	(d)	ensure that the profession has been kept well informed and is thus able to answer possible enquiries from the public;
	(e)	advise the public that in all dental matters they should consult their own dentist.
8	Information to Individuals
8.1	Requests from individual members of the general public for information on dental products may be dealt with by providing factual information concerning the product. Requests for clinical information should be declined and the enquirer recommended to consult their own dentist, some other member of the dental profession, the British Dental Association, or the British Dental Health Foundation.
9	General Conduct
9.1	Inter Company Trading Relationships
	Members are required to maintain the highest standards in their dealings with other Members.
9.2	Relationships with Customers
	No members of the Association should conduct their affairs with a member of the industry, profession or dental team in a manner which could expose any customer to undue financial risk or knowingly give incorrect or misleading information.
9.3	Relationships with the BDTA
	As a service to Members, the Association gathers industry statistics in confidence and Members are therefore expected to submit the relevant information when so required.
10	Powers of Investigation
10.1	Qualifying Complaint
	Any complaint under the terms of this Code of Practice must be made in writing to: The Executive Director, The British Dental Trade Association, Mineral Lane, Chesham, Bucks HP5 1NL. It should be accompanied by any necessary documentary evidence.
10.2	Procedure
	The Association has an established complaints procedure as set out in the addendum to this Code of Practice.

This Code of Practice was amended by The British Dental Trade Association and became effective on 28 May 2009.

Addendum to The Code of Practice

COMPLAINTS PROCEDURE

1	In the event of a complaint being received in accordance with Paragraph 10.1 of the Code of Practice, the following procedure will be followed. A copy of this complaints procedure will be made available to the complainant.
(a)	Council shall set up a Complaints Committee which shall consist of not less than three members and an Appeal Panel of not less than three members. No one person shall sit on the Complaints Committee and the Appeal Panel in relation to the same complaint.
(b)	The Executive Director shall lay any complaint before the Complaints Committee which within twenty eight days shall decide if it merits further investigation.
(c)	If the Complaints Committee decides that the complaint is justified it will authorise the Secretariat to investigate the matter and if necessary to seek written submissions from the Member and any other parties deemed appropriate. Members shall respond to such requests within twenty eight days. The Complaints Committee will endeavour to negotiate an agreed resolution of the complaint with the Member and any other party concerned. If the matter is resolved a note to that effect will be kept by the Secretariat and sent to the Member and any other relevant party.
(d)	If the Complaints Committee cannot resolve the complaint then the Secretariat will offer the Member(s) concerned a formal hearing before the Appeal Panel either in person or by written representation.
(e)	If the Complainant does not accept such a proposal within fourteen days it will be assumed that he/she is not proceeding with the complaint.
(f)	If any Member does not accept such a proposal within fourteen days the Appeal Panel may deal with the matter in his/her absence.
(g)	The Appeal Panel will determine the complaint by dismissing it or by issuing a reprimand or by suspending or expelling the Member or any combination of these.  Suspension will entail the withdrawal of membership privileges and the withdrawal of the exhibition discount. The Appeal Panel will give written reasons for its decision and the decision will be communicated in writing to the Complainant and the Member(s) complained of. Appeal against the decision of the Appeal Panel lies to the Council as set out below.
(h)	If a written hearing is requested the Secretariat will ask the Complainant to submit a written statement of his/her case and the member(s) complained of to respond within a time limit. The Appeal Panel may ask for more information from either party before making its determination.
(i)	If a formal hearing is requested then the procedure will be as follows:
	(i)	The Appeal Panel will appoint a Chairman who will follow the procedure below but whose decision as to the conduct of the appeal will be final.
	(ii)	The Complainant may be accompanied by one other person (including a legal representative if required) to present his/her case. The Member will be required to notify the Secretariat in advance if any witnesses are to be called and to present in advance a written summary of evidence.
	(iii)	The Complainant will present his/her case.
	(iv)	The Member(s) complained about may ask questions.
	(v)	The Appeal Panel may ask questions of the Complainant.
	(vi)	The Member(s) will present his/her case.
	(vii)	The Complainant may ask questions.
	(viii)	The Appeal Panel may ask questions.
	(ix)	The Member may sum up his/her case.
	(x)	The Complainant may sum up his/her case.
(j)	The Appeal Panel will determine the complaint as in (g) above
(k)	Appeal to the Council may be in writing or by formal hearing. In either case the procedures will be as outlined above. The appeal will be by way of a re-hearing but the decision of the Appeal Panel and its reasons will be made available to the Council. Members of Council who have sat on the Complaints Committee or the Appeal Panel will not sit on any appeal to Council.
	The Council may dismiss or uphold the Appeal Panel’s decision. If the Council upholds the complaint it may substitute other disciplinary measures (but within the range outlined above) for those imposed by the Appeals Committee. The Council’s decision and its reasons shall be final and shall be communicated to the Member(s) and the Complainant in writing.

©  The British Dental Trade Association

28 May 2009