Presentation on theme: "Conflict of Interest and Commitment"— Presentation transcript:
1Conflict of Interest and Commitment Christy Hooper, CPAAssistant Vice Chancellor for University Affairs and AthleticsShannon Ontiveros, MSDirector, Faculty Training and Compliance ProgramsVanderbilt School of Medicine
2Objectives Background on Conflict of Interest Guiding Principles Process of Review at VanderbiltRecent changes to COI regulations for PHS funded Investigators & Key Study PersonnelQuestions
3The Belmont Report, published in 1979 Basic Ethical Principles1. Respect for Persons2. Beneficence3. JusticeC. Applications1. Informed Consent2. Assessment of Risk and Benefits3. Selection of SubjectsThe Belmont Report, published in 1979 http://www.hhs.gov/ohrp/policy/belmont.html
4Bayh-Dole Act of 1980Designed to promote use, development and promotion of technology invented with federal funding.Recipients of federal funding have the right to retain ownership to inventions developed with federal funding.Recipient must share royalties, or other income, derived from the invention with the inventor(s).Resulted in dramatic increase in patents issued and royalty payments to Universities
5Existence of a “Conflict” of Interest Describes a situationNot a judgment regarding behavior or motivesOften the result of desirable activitiesUsually concurrent with confluence of interestOften results from convergence of several types of relationships, with each individual activity being appropriateProcess for evaluation and management of COI should not be adversarial
6Potential Conflicts of Interest: Non-Financial Considerations Desire for career advancementCompetition for sponsored research fundsPursuit of accolades from peersReceipt of prestigious prizesImprovement of the human conditionAdvancement of discovery and knowledge
7Potential Conflicts of Interest: Financial Interests Payments for professional servicesEquity holdingsIP, Patents, Licenses, RoyaltiesService on BoardsGiftsReimbursements
8Documents Influencing Conflict of Interest Policies and Procedures at Vanderbilt NIH Proposed Guidelines for Policies on Conflicts of Interest (September 15, 1989)AMA Conflicts of Interest in Medical Center/Industry Research Relationships (December, 1989)AAMC Guidelines for Dealing with Conflicts of Commitment and Conflicts of Interest in Research (February 1990)Conflict of Interest Hearing-Clinical Evaluation of Products, NIH (November 30, 1990)AAMC Principles and Recommendations for Oversight of An Institution’s Financial Interests in Human Subjects Research (October, 2002)Financial Relationships and Interests in Research Involving Human Subjects Protections, DHHS (May 2004)Amendments to 45 CFR 50, Subpart F and 45 CFR 94 (2011)
9Vanderbilt COI/COC Policy Duty to Disclose“In order to identify and review conflicts of interest or commitment, and the appearance of conflicts of interest or commitment, members of the University community must disclose in advance all outside activities and financial interests that create or have the appearance of creating conflicts of interest to the appropriate University officials…[who] will review the disclosures to determine whether a conflict of interest exists and what conditions or restrictions, if any, should be imposed in order to manage, reduce or eliminate the conflict of interest.”Vanderbilt University Conflict of Interest and Commitment PolicyArticle IV: Disclosure
10Requirements for Disclosure Disclosures required by 100% of Faculty and StaffAnnuallyDuring submission of a Research ProposalUpdated as circumstances change
11Highlights of COI/COM Policy Personal Interests in Vanderbilt ActivitiesBusiness Relationships with VanderbiltGifts and ContributionsUniversity AssetsResearch ActivitiesHealthcare Industry ActivitiesStudent ActivitiesFamily MembersConflict of Commitment
12Review and Mgmt Plan Process Initial Review by Supervisors, Deans, and/or Department ChairsSecond Review Performed:By SOM Office of Faculty Affairs (VUMC Faculty)By Office of Conflict of Interest and Commitment Mgmt (all VU and VUMC staff, and VU Faculty)Third Review may be Necessary by UCC
13Reviews by UCCWhen Second review Committee cannot determine a Management PlanWhen the University also is a party (institutional conflict)Involving Human Subjects ResearchWhere an individual has a financial interest in a company that contracts with the University
14Amended PHS Regulations Overview So, What’s New?Amended PHS Regulations Overview
15FCOI: The NIH View“The NIH is committed to preserving the public’s trust that the research supported by us is conducted without bias and with the highest scientific and ethical standards. We believe that strengthening the existing regulations on managing financial conflicts of interest is key to assuring the public that NIH and the institutions we support are taking a rigorous approach to managing the essential relationships between the government, federally-funded research institutions, and the private sector.”"The public trust in what we do is just essential, and we cannot afford to take any chances with the integrity of the research process.”Dr. Francis Collins, Director, NIH
16PHS Funded Investigators In August 2011, the Department of Health and Human Services, acting through the Public Health Service (PHS), issued its final rule amending the regulations on Responsibility of Applicants for Promoting Objectivity in Research for which PHS Funding is Sought (42 CFR 50, Subpart F) and Responsible Prospective Contractors (45 CFR 94).All changes to be implemented before the August 25, 2012 deadline and applied to all Notice of Grant Awards issued after this date.
17Key ChangesThe Significant Financial Interest (SFI) threshold has been reduced from $10,000 to $5,000 annually and includes any equity holding in a non-publicly traded company.All reimbursed or sponsored travel related to “institutional responsibilities” must be disclosed to Vanderbilt regardless of the amount. Same exemptions apply as in SFI definition.All federally funded investigators and key study personnel must complete training initially upon submission of a grant application and every four (4) years following.
18Key ChangesVanderbilt is required to complete a scientific review for each award to determine whether any SFI constitutes a Financial Conflict of Interest (FCOI), and if so, how this will be managed or eliminated. Management plans must be reported back to the awarding agency, before grant funds are spent, and updated at least annually.
19Key ChangesVanderbilt is required to respond to requests for information from the public to include disclosure of:The conflicted investigator/key study personnel’s nameTitle of the sponsored projectEntity in which there is a FCOINature of the financial interest (e.g., consulting, board service, royalties, etc.)Value of the interest
20Responsibilities Investigator or Key Study Personnel Faculty & Staff must disclose all outside business and other relationship to Vanderbilt at least annually, as required by Vanderbilt policy. This requirement is not new.Disclosures must be updated within 30 days of the acquisition of a new financial interest by personnel receiving PHS support. This requirement is new.
21Responsibilities Investigator or Key Study Personnel Investigators and Key Study Personnel must affirm at least annually and upon each submission of a federal grant, their understanding of and agreement to follow Vanderbilt's Conflict of Interest and Commitment Policy.Investigators and Key Study Personnel must complete training on the topic of Conflicts of Interest.
22Institutional Responsibilities Maintain a Conflict of Interest Policy that is in compliance with the federal regulations and publically available for review via the VU and VUMC Compliance Office websites.Maintain records of all COI documentation of review and actions related to conflicts of interest for at least three years from the date of submission of the final expenditures report.
23Institutional Responsibilities Review all disclosures and determine whether relationships reaching the level of a significant financial interest constitute a Financial Conflict of Interest (FCOI), and if so:Develop a management planProvide management plans to PHS awarding agent prior to the expenditure of funds, within 60 days of identifying a new FCOI, and annually
24Institutional Responsibilities Make available at the public’s request the following:Investigator/KSP’s name and titleRole within the funded project(s) (e.g., PI)Name of entity with FCOINature of FCOI (e.g., payments for consulting)Approximate dollar value of the FCOI in ranges (e.g., $0-$4,999) or a statement that the value cannot be readily determined.
25Definitions Significant Financial Interest (SFI) A financial interest consisting of one or more of the following (included are any financial interests of one’s spouse and dependents):the value of any remuneration from and/or equity interest in a single entity exceeding $5,000 (previously $10,000) in aggregate, when received in the twelve months precedingany equity interest in a non-publicly traded companyroyalties not paid through Vanderbilt
26Definitions Exclusions from the SFI determination: Salary or other income paid by VanderbiltIP income distributions paid through VanderbiltIncome from mutual funds and similar investments so long as no direct control over investment decisionsIncome from seminars, lectures, teaching, service on advisory committees or review panels, for a federal, state or local governmental agency, institution of higher education (as defined by 20 USC 1001(a)), an academic teaching hospital, a medical center, or a research institute affiliated with an institution of higher education.
27Definitions Financial Conflict of Interest (FCOI) A significant financial interest that could directly and significantly affect the design, conduct, or reporting of research.
28ExampleDr. Smith has a consulting relationship with a healthcare industry company. He was paid $12,000 in the prior year and was reimbursed travel expenses for two trips related to this consulting at a value of $3,000 per trip.Dr. Smith is proposed as PI on a grant application being submitted to the NIH for funding. The Specific Aims of this study overlap topically with the consulting work he is doing with the company.Under Vanderbilt’s Conflict of Interest and Commitment Policy, what must Dr. Smith do?
29AnswerDr. Smith must disclose this consulting relationship business on his annual Conflict of Interest Disclosure Form, including the travel reimbursements.When submitting the grant to the NIH, Dr. Smith must affirm that he disclosed this relationship in his annual form and make any needed amendments to the disclosure.Upon receipt of the NOGA, Dr. Smith and Vanderbilt must verify that a COI review has been completed and any needed management plan established BEFORE expending funds from the grant.It will be Dr. Smith’s responsibility to follow all stipulations of any needed COI management plan.
30Example Timeline for Existing SFI Faculty discloses consulting agreementAnnual Disclosure ProcessSubmit Grant Application & CompletePEER COI DisclosureConsulting contract signed by faculty*Grant funds may be dispersedJIT or NOGA ReceivedInvestigator ActionInstitutional ResponseCOI Eliminated or ManagedAnnual report to NIHSubmitted with Progress ReportReview Process - MCCOIC and/orUCC (If required)Review Process - Department ChairsReview Process - MCCOIC Chair &/orFull CommitteeReview Process - Scientific ReviewManagement Plan reported to NIH*All relationships must be in compliance with the University and VUMC COI Policies. Your Department Chair should approve all activities prior to its initiation.This review is a new requirement.
31Example Timeline for New SFI Faculty discloses consulting agreementAnnual Disclosure ProcessSubmit Grant Application & CompletePEER COI DisclosureConsulting contract signed by faculty*Disclosure must be made within 30 days of new relationshipGrant funds may be dispersedJIT or NOGA ReceivedInvestigator ActionInstitutional ResponseCOI Eliminated or ManagedAnnual report to NIHSubmitted with Progress ReportReview Process - MCCOIC and/orUCC (If required)Review Process - Department ChairsReview Process - MCCOIC Chair &/orFull CommitteeReview Process - Scientific ReviewManagement Plan reported to NIH*All relationships must be in compliance with the University and VUMC COI Policies. Your Department Chair should approve all activities prior to its initiation.This review is a new requirement.
32Key Take Away Points!The threshold for SFI has been reduced from $10,000 to $5,000 and includes any interest in a non-publicly traded company.There is a paradigm shift in determining whether the potential for bias exists. Investigators must disclose relationships to Vanderbilt. Vanderbilt must determine whether any SFI is a Financial Conflict of Interest and if so, take steps to eliminate or manage the FCOI.Management plans must be reported to NIH upon initial NOGA, before expenditure of funds. Updates will be required annually to the NIH.If one develops a new SFI which is a potential FCOI, you must disclose this to Vanderbilt within 30 days.All FCOIs for PHS funded personnel will be subject to public disclosure.COI training mandatory.
33Contact InformationFaculty inSchools of Medicine & NursingUniversity Faculty and ALL StaffShannon Ontiveros, M.S. Director, Faculty Training and Compliance Programs Office of Faculty Affairs, School of MedicineChristy Hooper, CPA Assistant Vice Chancellor University Affairs and Athletics Alison R. Cooper, J.D. Manager, Office of Conflict of Interest and Commitment Vanderbilt UniversitySubmit your questions -
34Disclosure Systems & Policies https://webapp.mis.vanderbilt.edu/coi/ (VUMC Staff, VU Staff and Faculty)https://medapps.mc.vanderbilt.edu/coi (VUMC Faculty)(COI Policy)https://medschool.vanderbilt.edu/faculty/sites/medschool.vanderbilt.edu.faculty/themes/tao/pdfs/vumc-coi-policy.pdf (VUMC Policy)