New NIH conflict of interest policy
The National Institutes of Health (NIH) recently announced a new policy that restricts NIH's 18,000 employees from being paid to consult, speak, write or teach for drug or biotechnology companies, medical device makers, health providers or insurers, trade or professional associations or educational institutions that apply for NIH funding.
Candy Yekel, director of Penn State's Office for Research Protections (ORP), said that the impact on Penn State of the new NIH policy still is being assessed. She noted that her office will be adding the new NIH regulations to its Web site at http://www.research.psu.edu/orp/ In the meantime, although the new NIH policy is a "final interim rule" that takes effect upon publication, there will be a 60-day comment period. The regulations and other materials are at http://www.nih.gov/about/ethics_COI.htm
NIH corporation communications policy
Among the drivers for the new NIH policy were press and congressional revelations that some senior NIH scientists and officials had been involved in questionable consulting arrangements with industry, including disguised marketing and endorsement efforts.
The New York Times reported that the chief of the National Heart, Lung and Blood Institutes' molecular disease branch wrote an article in 2003 promoting the benefits of Crestor, a cholesterol-lowering medicine from AstraZeneca. The article, which failed to mention safety problems with Crestor, was published in a medical journal "supplement," paid for by AstraZeneca, in which the NIH chief's title was prominently displayed. The head of NIH has since called the article a "marketing effort" and "a product-driven endorsement" that should be banned.
Penn State conflict of interest policy
While Penn State employees are not NIH employees, Penn State policies provide guidance that ensures that all of the University's employees adhere to the spirit of the new NIH policy. For example, Penn State intends to assure freedom from conflict of interest through its own Conflict of Interest and Consulting policies. Yekel noted that the Penn State policies were reviewed and re-approved within the past year. These policies are posted on the ORP Web site at http://www.research.psu.edu/orp/ under Responsible Conduct of Research.
Penn State corporate communications policy
In addition, Penn State has its own policy on corporate communications, independent from NIH, which was reviewed and expanded during the past year. A Corporate Communications Committee also was formed to review requests from companies for the use of the University's name in publicity, advertising or news releases.
Penn State's contracts with industry long have included this clause: "Neither party will use the name of the other party nor of a member of the other party's employees in any publicity, advertising or news release without the prior written approval of an authorized representative of that party." The use of images and trademarks soon will be added to this clause.
"When faculty members or staff members are asked to allow their names and/or quotations to be used in company advertising, news releases or other publicity, the communication should be reviewed by the authorized representative in our Science and Research Information unit," said Bill Mahon, assistant vice president for University Relations, director of Public Information and head of the Corporation Communications Committee. The Science and Research Information unit can be reached at (814) 865-9481 or bah@psu.edu.
Mahon added, "Faculty members whose research bears on the efficacy of a product may be quoted describing their research results in company advertising, news releases and other publicity as long as the communication does not constitute a University endorsement."