1. To Disclose or Not to Disclose That is The Question

2. Dianne K. Polly, JD, RDN, LDN, FAND
Disclosures
Dianne K. Polly, JD, RDN, LDN, FAND
Board Member
- Academy of Nutrition and Dietetics
Employee
- Shelby County Education Foundation Executive Director

3. Learning Outcomes
At the end of this session, the participant will be able to:
Identify scenarios when a conflict of interest should be disclosed
Apply ethical principles related to conflicts of interest in our practice
Describe legal ramifications of not disclosing a conflict of interest

4. Code of Ethics Principle Number 15
The dietetics practitioner is alert to the occurrence of a real or potential conflict of interest and takes appropriate action whenever a conflict arises.
a. The dietetics practitioner makes full disclosure of any real or perceived conflict of interest
b. When a conflict cannot be resolved by disclosure, the dietetics practitioner takes such other action as may be necessary to eliminate the conflict including recusal from an office, position or practice situation.

5. Conflict of Interest legal definition
A situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or dietitian cannot represent two parties in a dispute and must avoid even the appearance of conflict.

6. Conflict of Interest
He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds (legal) with the client, and never, never take a position adverse to the customer.

7. Academy of Nutrition and Dietetics and CDR’s Code of Ethics
Principle Number 18
The dietetics practitioner does not invite, accept, or offer gifts, monetary incentives, or other considerations that affect or reasonably give an appearance of affecting his/her professional judgment.

8. Code of Ethics Principle 18
CLARIFICATION OF PRINCIPLE: A. Whether a gift, incentive, or other item of consideration shall be viewed to affect, or give the appearance of affecting, a dietetics practitioner’s professional judgment is dependent on all factors relating to the transaction, including the amount or value of consideration, the likelihood that the practitioner’s judgement will or is intended to be affected, the position held by the practitioner, and whether the consideration is offered or generally available to persons other than the practitioner.

9. Code of Ethics Principle # 18
B. It shall not be a violation of the principle for a dietetics practitioner to accept compensation as a consultant or employee or as part of a research grant or corporate sponsorship program, provided the relationship is openly disclosed and the practitioner acts with integrity in performing the services or responsibilities.

10. Code of Ethics Principle #18
C. This principle shall not preclude a dietetics practitioner from accepting gifts of nominal value, attendance at educational programs, meals in connection with educational exchanges of information, free samples of products, or similar items, as longs as such items are not offered in exchange for or with the expectation of, and do not result in, conduct or services that are contrary to the practitioner’s professional judgment.

11. Code of Ethics Principle #18
D. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the dietetics practitioner’s ability to carry out professional responsibilities with integrity, impartiality and competence is impaired.

12. Practical Ethics 101
Many of the matters brought to the Ethics Committee are not always ethics matters. Instead, they may be business disputes, employment disputes or legal matters.

13. Ethical Issues
It is an ethical issue if there is a violation of established rules or standards governing the conduct of a person or the members of our profession. To be an ethical issue, it must be specific to one of the 19 principles of our Code of Ethics.

14. Business Issue
An issue may be a business issue, but not an ethical issue or could be both. If the issue arises from a business dispute or breach of a contractual obligation or failure to provide an agreed product or service, it may be only a business issue. Examples:
Contract disputes
Wrong products delivered
Dissatisfaction with services

15. Legal Issues
Legal issues can be local, state, or federal law violations. If a law or regulation has been violated, the issues might result in further action by the Ethics Committee, but it might not.
Examples:
Traffic tickets
Fraudulent billing of clients
Falsely completing a tax return

16. Employment Issues
Employment issues should usually be addressed by the employers policies and procedures. Personnel departments will provide direction to employees and employers. It may or may not be an ethical issue.
Examples:
Disagreement with supervisor about how to conduct business
Disagreement with time worked
Sexual harassment issue
Misusing an employer’s assets (Legal also)

17. Case Scenarios and Discussion

18. Practice Applications
“When in doubt, safest to disclose”
Sometimes may need to leave the room, other times might be able to participate in discussions but leave for voting.
Remember it is not just about you, but possibly your close family/friends might need to be disclosed.