POLICY ON DISCLOSURE OF SIGNIFICANT FINANCIAL INTEREST

Transcription

1 POLICY ON DISCLOSURE OF SIGNIFICANT FINANCIAL INTEREST September 14, 1995 RESEARCH FOUNDATION FOR MENTAL HYGIENE, INC. 44 Holland Avenue Albany, New York 12229

2 RESEARCH FOUNDATION FOR MENTAL HYGIENE, INC. POLICY ON DISCLOSURE OF SIGNIFICANT FINANCIAL INTEREST BACKGROUND: On July 11, 1995, the Department of Health and Human Services and the National Science Foundation published in the Federal Register the Final Rule and Notice of Regulations on Objectivity in Research; Investigator Financial Disclosure Policy. (42 CFR Part 50 and 42 CFR Part 94.) The purpose of this policy, as stated in the regulation, is to promote objectivity in research by establishing standards to insure there is no reasonable expectation that the design, conduct or reporting of research funded under Public Health Service (PHS) or National Science Foundation (NSF) grants or cooperative agreements will be biased by any conflicting financial interest of an Investigator. This policy places the responsibility for disclosure and management of conflicting financial interests on the Investigator and his/her Institution that is seeking federal assistance. EFFECTIVE DATE: October 1, 1995 APPLICABILITY: All PHS and NSF grants, contracts, subcontracts and cooperative agreements submitted on or after the effective date of the policy and all organizations and investigators participating in the research. DEFINITIONS: RESEARCH a systematic investigation designed to contribute generalizable knowledge relating broadly to public health including behavioral and social science research and encompassing basic and applied science and product development. INVESTIGATOR the principal investigator and any other person responsible for the design, conduct or reporting of PHS funded research. For the purpose of compliance with this policy, Investigator includes spouse and dependent children. INSTITUTION any domestic or foreign, public or private entity or organization (excluding federal agencies). For purposes of this policy, Institution shall mean any Research Institute or facility requesting federal support for a research activity where the Research Foundation for Mental Hygiene, Inc. (RFMH) is the applicant organization. 1

3 SIGNIFICANT FINANCIAL INTEREST (SFI) anything of monetary value, including but not limited to, salary or other payments, (consulting fees or honoraria) that when aggregated for the Investigator, the Investigator s spouse and dependent children over the next twelve months is expected to exceed $10,000; equity interests, (stock, stock options, or other ownership interests) 1 and intellectual property rights (patents, copyrights and royalties from such rights). It Does Not Include: - Salary, royalties, or other remuneration from the Institution. - Income from services on advisory committees or review panels for public or non-profit entities. - Equity interests in business or entities if the value of such interests do not exceed $10,000 and does not represent more than five percent ownership interests for any one enterprise or entity when aggregated to include the investigator, spouse and dependent children. - Salary (from other than Institution), royalties or other payments that when aggregated for the Investigator and the Investigator s spouse and dependent children over the next twelve months, are not expected to exceed $10,000. REQUIREMENTS: Each Institution must: AWARDING COMPONENT The organizational unit of the sponsoring agency that funds the research. Inform each investigator of the Institution s policy for identifying and managing SFI and the Investigator s responsibility for reporting. Designate an institutional official(s) to solicit and review financial disclosure statements from each investigator who is planning to participate in PHS and NSF funded research. Require that the Investigator provide a listing of SFI prior to submission to the funding agency and that it will be updated during the period of the award either annually or as new SFI are obtained. Provide guidelines to identify SFI and take such actions as necessary to insure SFI will be managed, reduced or eliminated. 1 The value of stock, stock options or other ownership interests are determined by referring to public prices or other reasonable measures of fair market value. 2

4 IMPLEMENTATION: Maintain records of all financial disclosures and of all actions taken by the Institution with respect to each SFI for at least three years from the date of submission of the final expenditure report or until resolution of any action taken by the sponsoring agency, whichever is longer. Establish adequate enforcement mechanisms and provide for sanctions where appropriate. By signing the Application Face Sheet, the Institute certifies that: - There is a written and enforced process to identify, manage, reduce or eliminate SFI. - Prior to the Institution s expenditure of any funds under the award, the Institution will report to the Awarding Component the existence of a conflicting interest (but not the nature of the interest or other details) found by the Institution and assure that the interest has been managed, reduced or eliminated in accordance with this policy. - It will notify the awarding component of the identification, management or elimination of any conflicting interest that originates or becomes known after the award, within 60 days of its identification of the conflicting interest. - It agrees to make available to the funding agencies, upon request, all SFI information identified by the Institution and how those interests have been managed, reduced or eliminated. - It agrees to allow confidential on site review of records pertinent to these certifications. Each Institute Director will establish a Conflict of Interest Review Committee (CIRC) to review all financial disclosures and determine whether a Conflict of Interest exists and, if so, determine what actions should be taken by the Institute to manage, reduce or eliminate the Conflict of Interest. Existing Ethics Committees may be used for this purpose, however, it is recommended that the Committee include at least one individual with administrative, financial or legal experience. Each Investigator is required to disclose the following Significant Financial Interests: - Any Significant Financial Interest that would reasonably appear to be directly and significantly affected by the research activities funded or proposed for funding by PHS or NSF. - Any Significant Financial Interest of an Investigator in an entity whose financial interest would reasonably appear to 3

5 be directly and significantly affected by the research activities funded or proposed for funding by PHS or NSF. Significant Financial Interest must be disclosed prior to the time a proposal is submitted and must be updated by the Investigator during the period of the award as changes occur or as new reportable Significant Financial Interests arise. If it is determined by the CIRC that a Significant Financial Interest exists, the Investigator, in cooperation with his/her Department Head, will develop and present to the CIRC a Resolution Plan that details proposed steps which will be taken to manage, reduce or eliminate any actual or potential Conflicts of Interest presented by a Significant Financial Interest. At minimum, the Plan shall address such issues as: - Public Disclosure of Significant Financial Interest. - Review of the research protocol by independent reviewers. - Monitoring of Research by independent reviewers. Where the CIRC deems it appropriate, the CIRC shall review the Resolution Plan and approve it, add conditions or restrictions, including, but not limited to, the following: - Modifications of the Research Plan. - Disqualification from participation in all or a portion of the funded research activity. - Divestiture of Significant Financial Interest. - Severance of relationships that create actual or potential conflicts of interest. If the CIRC determines that imposing such conditions or restrictions would be inequitable, or that the potential negative impacts that may arise are outweighed by the interests of scientific progress or public health and welfare, then the CIRC will refer the matter to the Institute s Director, who in consultation with agency officials, will make the final decision regarding resolution. This may include disclosure of the particulars of the SFI to the awarding component and request for advice or resolution. The approved Resolution Plan shall be incorporated into a Memorandum of Understanding that details the conditions or restrictions imposed upon the Investigator in the conduct of the project or in the relationship with the Business Enterprise or Entity. The Memorandum of Understanding shall be signed by the Investigator and the Investigator s Department Head. Actual or potential conflicts of interests will be satisfactorily managed, reduced, or eliminated prior to expenditure of funds, or they will be disclosed to the sponsoring agency for action. 4

6 Records of the Investigator s financial disclosures and of actions taken to manage actual or potential conflicts of interest, shall be retained by the RFMH Administrative Office until three years after the later of the submission of the final expenditure report, or the resolution of any government action involving those records. Whenever an Investigator has violated this policy or the terms of the Memorandum of Understanding, the CIRC shall recommend sanctions which may include disciplinary action ranging from a public letter of reprimand to dismissal and termination of employment. If the violation results in a collateral proceeding under the Institution s policies regarding misconduct in science, then the CIRC shall defer a decision on sanctions until the misconduct in science process is completed. The CIRC s recommendations on sanctions shall be presented to the Institute Director who shall take appropriate disciplinary action. NOTE: If the Investigator is an employee of New York State, the disciplinary action to be taken will be consistent with the due process rights available to the employee under the Civil Service Law or labor agreements. September 14,

7 PROCEDURE RESPONSIBLE INDIVIDUAL/ UNIT Grants Administration Office Principal Investigator ACTION Distributes copy of policy to all investigators and staff affected by the policy. Determines which staff will be involved in the design, conduct or reporting of the research. Insures that all staff involved in the design, conduct or reporting of the research are aware of their responsibilities to Disclose Significant Financial Interest. Principal Investigator/Project Staff Principal Investigator Principal Investigator/Project Staff Grants Administration Office Conflict of Interest Review Committee (CIRC) Review Disclosure Policy and determine if Significant Financial Interest or other Conflicting Interest exist or may exist in the future. If no Significant Financial Interests exists, completes the Investigator Assurance Regarding Significant Financial Interest form (Attachment I) and forward with the grant application to the Grants Administration Office. If Significant Financial Interest exists, or may potentially exist, complete the Significant Financial Interest Disclosure form (Attachments II) seal in an envelope marked Confidential and forward with the application to the Grants Administration Office. Forwards sealed Significant Financial Interest Disclosure form to Conflict of Interest Review Committee (CIRC) Reviews Significant Financial Interest Disclosure. Determines what actions are necessary to 6

8 manage, reduce or eliminate Significant Financial Interest. Directs the Investigator and the Department Head to develop a resolution plan, and incorporate it into a Memorandum of Understanding (MOU). Investigator and Department Head Prepare MOU detailing the action to be taken to reduce, eliminate or manage the Significant Financial Interest (SFI). Sign MOU and forward to CIRC Conflict of Interest Review Committee Review MOU to insure appropriate action will be taken to reduce, eliminate or manage SFI. Develop monitoring plans as necessary Maintains file of MOU s Notifies Grants Administrative Office, by letter, that SFI has been identified and that action will be taken prior to expenditure of funds against the award, to manage, reduce or eliminate SFI. This letter should not include the details of the SFI or the MOU. Grants Administrative Office Forwards CIRC determination letter to awarding component prior to expenditure of funds against the award. 7

9 Attachment I RESEARCH FOUNDATION FOR MENTAL HYGIENE, INC. INVESTIGATOR ASSURANCE REGARDING SIGNIFICANT FINANCIAL INTEREST Investigator/Employee Department Project Title Funding Agency The proposed project including relationships with any co-investigators, contractors, consultants, or others does not require the disclosure of Significant Financial Interest. All individuals that will be involved in the project have been informed of Research Foundation for Mental Hygiene, Inc., policy and Federal regulations and have provided complete disclosure regarding this matter. Sign: Date:

10 Attachment II RESEARCH FOUNDATION FOR MENTAL HYGIENE, INC. SIGNIFICANT FINANCIAL INTEREST DISCLOSURE (Applicable to all PHS and NSF Proposals) Investigator/Employee Name Department Project Title Funding Agency I have a financial interest to disclose: ڤ Yes (please complete the entire form) ڤ No (sign the form) I am disclosing the following Significant Financial Interests SFI (check one) and attaching supporting documentation (in an envelope marked confidential ) that identifies the business enterprise or entity involved and the nature and amount of the interest. (Significant Financial Interests (SFI)) is defined as interests valued at greater than $10,000 and an equity or ownership interest of more than five percent by an investigator and the investigator s spouse or dependent children. (See policy statement for exclusions.) Salary or other payment of services (e.g., consulting fees or honoraria). Equity interests (e.g., stocks, stock options, or other ownership interests). Intellectual property rights (e.g., patents, copyrights, and royalties from such rights). Other significant financial interest of the Investigator that possibly could affect or be perceived to affect the results of the research activities funded or proposed for funding. Further, I Agree: To update this disclosure, during the pendency of the award, either on an annual basis or as new reportable Significant Financial interests is obtained. To cooperate in the development of a Memorandum or Understanding (MOU) that constitutes a conflict of interest resolution plan. To comply with any conditions or restrictions imposed by the Institute to manage, reduce, or eliminate actual or potential conflicts of interest or forfeit the award. Signed: Date: (original signature only a per signature is not acceptable.) Endorsements: I have reviewed the Significant Financial Interest disclosure and believe that it will be possible to develop and execute, prior to award, an Memorandum of Understanding to manage, reduce, or eliminate any actual or potential conflict of interests and, therefore, I recommend that the proposal be submitted to the agency at this time. Department/Unit Head: Signed Signed Date Date