Policies on Interacting with Industry
In 2009, Partners Commission on Interactions with Industry made recommendations that refined existing policies and put into place additional policies and practices concerning interactions with industry. These policies and practices are not meant to discourage appropriate relationships with industry, but to ensure that they are appropriate and transparent. This article summarizes some of the key Partners policies relating to interactions with industry, including several of the new rules.
Outside activities
An outside activity is engagement in an activity beyond the scope of what you normally do at BWH or Partners and requires the expertise you use in your BWH/Partners position or involves a company that does or could do business with BWH/Partners. Examples of outside activities include service on an outside board of directors, consulting and scientific advisory boards for pharmaceutical, medical device companies or other vendors, expert witness work, consulting for financial services companies or giving talks paid for by commercial entities.
While most outside activities are acceptable with the approval of your supervisor, a few categories are prohibited:
All outside activities have limits on:
Compensation: You should receive only fair market value for time spent.
Time: You may spend 20 percent of working time on outside activities, one day out of seven if you are a full-time employee and on HMS faculty.
Institutional Resources: For outside activities, substantial use of institutional resources is not permitted.
A written agreement is required for most outside activities. Submit all agreements for review to the Office for Interactions with Industry at PHSOII@partners.org.
Giving Talks
It is permissible to give a talk if it is part of a CME event hosted by an ACCME-accredited provider, or if the talk is hosted by, and pay is from, a professional society or academic medical center.
If the talk is hosted or directly paid for by a company, then it is permissible only if the speaker has full control over the content and the talk is not a speakers bureau. Giving a talk is not permissible if it’s a speakers bureau, defined as:
Any activity called a “Speakers Bureau”
Any talk when a company has control over content
Where the speaker is on a company-held list of available speakers
The talk meets any other exceptional circumstance as determined by the Committee on Conflicts of Interest
Staff are encouraged to contact OII if they are unsure whether a particular speaking engagement is permissible under the new rules.
Accepting Gifts
No gifts may be accepted from actual or potential vendors to Partners. This includes all vendors, not just drug or device companies. Unacceptable gifts include entertainment, such as Red Sox tickets; trinkets, like pens, mugs and tote bags; conference giveaways; and holiday gift baskets. If a meal is provided by a current or potential Partners vendor as a gift, then it is unacceptable. However, in some circumstances meals may be permissible because the meals are not gifts. Again, OII staff are available to help determine whether a meal is acceptable under Partners policies.
Purchasing
If you have a financial interest in (or outside activity with) a company proposing a transaction with BWH or a Partners affiliate, you may not participate in discussions or recommendations regarding the transaction unless asked by the decision-maker. If you are asked and do participate in discussions, you must disclose your relationship with the company, and you may not participate in final decision-making.
Industry Support of Partners Educational Activities
Funding for Partners educational activities must come from more than one company, and conferences must meet the standards of the ACCME or comparable standards, even if not for CME credit.
Examples of educational activities include training programs, such as residency and clinical fellowship programs; educational events, including lectures and conferences; and newsletters and websites designed to deliver educational content.
All industry support of Partners medical and scientific educational activities must be processed through OII.
Industry Support of Research
Many research collaborations with industry are allowed and encouraged. However, the following are not acceptable:
Conducting clinical research on the technology of a company in which you or your family has financial interests (equity or cash income). If, however, the financial interest consists of cash income that does not exceed $20,000, then there is no prohibition on the research. (Note: this threshold is expected to change to $10,000 soon under new rules announced by Harvard Medical School.)
Receiving research support either from a publicly traded company in which you or your family has equity with value greater than $30,000, or from a privately held company in which you or your family has equity of any amount.
Receiving research support from a company or doing research on a technology of a company for which you serve on the board of directors.
Ask if You are Not Sure
Contact the OII at PHSOII@partners.org or 617-643-7752, or BWH Compliance Officer James Bryant at jbryant3@partners.org, or visit http://pulse.partners.org/OII/index.html