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Conflict of Interest




       Nidhi
Introduction

    Increased involvement of academician in
    research has raised potential of conflict of
    Interest.

    Arises from oppourtunities a faculty or other
    members might have to benefit financially from
    the outcome of research.

    Granting agencies wants assurance from the
    institution that member involved in research will
    not utilise the funds to promote financial gain for
    themselves or for families.

    Institution should have written policies
    
        conflict of interest
    
        to provide a mechanism for faculty and staff
        to disclose such conflicts.
Important aspects

    The institutional Conflict of Interest policy must
    include”
    
        financial interests, gifts, gratuities and favors,
        nepotism,
    
        and other areas such as political participation
        and bribery.

    These rules must also indicate how outside
    activities, relationships, and financial interests are
    reviewed by the responsible and objective
    institution official(s).

     In addition, the institution has the responsibility
    for maintaining objectivity in research by ensuring
    that the design, conduct, or reporting of research
    will not be biased by any conflicting financial
    interest of investigator
Views
“Conflicts of interest are ubiquitous in academic life,
  indeed all professional life; conflicts of interest can
  never be eliminated. Moreover, the existence of
  conflicts of interest has to be accepted and not
  equated with scientific misconduct” (Korn 2000). 


“Financial conflicts of interest are not inherent to the
  research enterprise. They’re entirely optional –
  unlike intellectual or personal conflicts of interest to
  which they’re often compared” (Angell 2000)
What is a Conflict of Interest?

    Situation in which the integrity of academic
    activity, especially research, may be, or may be
    perceived to be, compromised by financial or
    other interests.

    A conflict of interest occurs when a secondary
    interest distorts or has the potential to distort a
    judgment related to a primary interest


    A professional’s judgment does not necessarily
    have to be biased in order for that researcher
    to have a conflict of interest — even the
    appearance of a conflict of interest is ethically
    worrisome
Primary Interests


    Professionals have a primary interest—
    the goal of their profession

    
        For researchers:
        −   Producing generalizable knowledge
        −   Ensuring the safety of research
            subjects
        −   Disseminating research results
Secondary Interests

    Professional goals
    
        Publishing
    
        Obtaining future research funding
    
        Gaining recognition and fame

    Personal goals
    
        Spending time with his/her family
    
        Earning a good income
    
        Other personal interests such as religion,
        traveling, social activities, etc.
    
        Political activism
Types
Conflicts of interest are of two major types.

    Conflicts between the professional’s personal or
    financial interests and the interests of a subject/
    participant, patient or client, and

    Conflicts that involve competing loyalties, to two
    or more subjects, patients or clients.
           Alternatively,

    the conflict may be between a
    subject/participant, client or patient and a third
    party to whom the professional owes
    contractual duties, for example, sponsors of
    research, insurance companies, employers, etc.
The term competing interest rather than conflict of interest is preferred
  by some as a way of lessening any implicit sense of misconduct
Financial Conflicts of Interest

    The paradigm conflict of interest is financial interest.

    non-financial (or only indirectly financial) forms of bias
    can pose serious risks to research and to human safety
    and dignity

    Significant financial interests must be disclosed to
    institutional officials and be appropriately managed
    [Title 42 CFR, Section 50, Parts 604 and 605].

    A “significant financial interest,” according to the PHS,
    is one that that could directly and significantly affect the
    design, conduct, or publication of research and thus
    bear on issues of human subject’s protection.

    The PHS sets a monetary threshold of a $10,000
    interest or 5% ownership in an entity that would
    reasonably be affected by research, neither PHS nor
    FDA regulations specify types of financial interests that
    may be held, or those that may not be held.
Financial interest
Financial interests include, but are not limited to:
   
       Compensation from employment (by other than
       grantee institution)
   
       Paid consultancy, advisory board service, etc.
   
       Stock ownership or options
   
       Intellectual property rights (patents, copyrights,
       trademarks, licensing agreements, and royalty
       arrangements)
   
       Paid expert testimony
   
       Honoraria, speakers’ fees
   
       Gifts
   
       Trips
Ethical Concerns
I. The preservation of sound
   science and
II.The protection of human subjects.

 
     Both are integrally related.
 
     Robust protection of human subjects –
     and those who use the products of
     science – depends on ensuring the
     soundness of research.
Preservation of Sound Science
Threat to scientific integrity by introducing forms of bias
  that affect the enterprise of science itself

    Financial relationships among investigators,
    academic research centers and private industry
    create incentives to serve commercial interests
    rather than the advancement of scientific knowledge
    
        Sponsors may seek to restrict publication in order to avoid
        advancing the work of competitors.
    
        They may conceal negative study findings by maintaining control
        of publication
    
        Restricted or partial publication increases the cost of clinical
        progress and can jeopardize the health of future study subjects
        and future patients.
    
        It also impedes or disrupts the work of other scientists whose
        work would otherwise improve, build on or impeach prior
        investigations.
Preservation of Sound Science

    The soundness of study results can be profoundly
    influenced by study design decisions: treatments to
    be tested
    
        placebo control or active control,
    
        favorable and adverse endpoints,
    
        the characteristics of eligible and ineligible
        participants,
    
        stopping or modifying a trial, and so on.

    Without an investigator’s being aware of it,
    conflicts of interest may influence the design and
    conduct of research in ways that render study
    results unsound, with the potential to misinform the
    practice of many physicians and to affect the
    health of patients
Preservation of Sound Science

    The availability of capitation payments
    
        fees paid by study sponsors to physicians for
        each patient enrolled in a study – may decreases
        interest in basic science research
    
        may serve as an inducement for researchers and
        research institutions to choose projects that are of
        interest to generous sponsors rather than
        alternatives that might be of more benefit to
        patients or society.
Protection of Human Subjects

    Multiple roles of clinician in clinical research leading
    to compromised loyalties.

    Investigators, sponsors, grantee institutions, and
    physicians in private practice all stand to benefit by a
    patient’s participation in research.

    Enrolling sufficient number of subjects to obtain
    funding, (conflict between potential subject interests and those of
    investigators. )

    The concern is that investigators – under pressure to
    recruit – may undermine the consent process by
     
         misrepresenting the research
     
         inappropriately influencing patients to participate.
Current requirements applicable to
                   investigators

    Before beginning a study,
    
        Investigators
         − are required to disclose financial interests
           that may be affected by the outcome of
           research to designated institutional
           officials.
    
        Institutions
         −   are required to report the existence of
             conflicts of interest – but not substantive
             details – to funding agencies
         −    to take steps to reduce, eliminate or
             manage conflicts of interest.
Institutional Assurance
The regulations state that:
  Obtain information regarding financial conflicts of
  interest from all investigators according to
  institutional policies and procedures.
  Research institutions are formally responsible for
  developing and communicating a process for
  reviewing, authorizing and monitoring arrangements
  that present conflicts of interest.
  Investigators are advised to ensure compliance with
  all of their institution’s policies relating to conflicts of
  interest .
   Improperly managed conflicts of interest can result
  in suspending funding to the offending grantee.
Impact of the 2003 Guidance on
    current requirements
On March 31, 2003, the Department of Health
and Human Services (DHHS) published revised
“draft guidance”Financial Relationships and
Interests in Research Involving Human
Subjects: Guidance for Human Subject
Protection”


 The 2003 guidance defines a “conflicting financial
interest” as “a financial interest related to a
research study that will, or may reasonably be
expected to create a bias.” It continues to rely on
institutional assurance rather than prescription.
Managing Conflict of Interest
The 2003 Guidance states: “financial interests may
be managed by eliminating them or mitigating their
potentially negative impact.”
The primary strategies for managing conflicts of
interest are disclosure and prohibition.
 A number of influential professional societies,
researchers and institutions have advocated a total
ban on paid consultancies and equity holdings in
entities related to their research; some have
recommended barring investigators from
investments in fields in which they are conducting
research.
Managing Conflict of Interest
peer review of the study design
independent oversight of the research
insulating investigator from knowledge about
the impact of financial interests through blind-
trust type devices
insulating the subject/participant from the
influence of financial considerations on
professional judgment by having an
investigator with a conflict abstain from
problematic aspects of the study
disclosure of the financial interest to subjects
on the consent form
Managing Conflict of Interest
 Acknowledge that some conflicts exist (or may
exist) and must be “managed”
  Prevent some relationships
  Those of no scientific, academic value
  Those for which the conflict is deemed “too great”
  Those for which the faculty member has been “irresponsible”,
  unethical, unprofessional
  Manage those relationships that are determined to be
  appropriate/worthwhile to minimize the conflict

 Clarify what constitutes a Conflict of Interest
Managing Conflicts of Interest
     Prohibiting Problematic financial
                  interest
 Eliminate those actions that have inherent
conflicts without obvious benefit
   Free gifts, meals, junkets
   Equity holding
   Drug samples
   Conflict free formulary committees
   Industry control of educational programs
   Speakers bureaus
   Consultation relationships and research funding


                   DRAFT - For discussion purposes only
Managing Conflict of Interest
             Academic implication
Ensure transparency to all stakeholders
Specify deliverables in all relationships
with industry

    Research funding

    Consulting agreements

    Publication and dissemination of
    information (positive and negative)

    Intellectual property
Managing Conflict of Interest
    Implications for Patient Care

Clarify relationships to patients
  Informed consent
  Role of industry in decisionmaking and
  clinical management
Consider participation by Ombudsman
Transfer decision making or care, as
appropriate
Conclusion:
How should conflicts of interest be
          dealt with?
   Several options exist; all require
 identifying COIs!
    Eliminating conflict
    Disclosing conflict (e.g., to participants, to
   colleagues or superior)
    Introducing intermediaries (e.g., consent
   monitor)
    What other approaches might be
   sensible?
Scientific misconduct
It is the violation of the standard codes of scholarly
conduct and ethical behavior in professional
scientific research. The main forms of scientific
misconduct are:
   fabrication – the publication of deliberately
   false or misleading research, often subdivided
   in:
       fabrication – v-the actual making up of
      research data and (the intent of) publishing
      them
       falsification – manipulation of research data
      and processes or omitting critical data or
      results
   plagiarism – the act of taking credit (or
   attempting to take credit) for the work of
   another.
Motivation to commit scientific
                   misconduct

    Career pressure
    
        "publish or perish"

    Believing that one "knows the right answer"
    
        intend to introduce a fact that they believe is
        true, without actually performing the
        experiments required.

    The ability to get away with it

    Consequences:
    
        vary based on the severity of the fraud, the level of
        notice it receives, and how long it goes undetected.
    
        Even a case of plagiarism can cause damage through
        resources being misdirected to others who may be less
        capable of using them effectively and certainly are less
        deserving of them.
Suppression/non-publication of data

    Studies may be suppressed or remain unpublished
    because
     
         the findings are perceived to undermine the
         commercial, political or other interests of the
         sponsoring agent
     
         they fail to support the ideological goals of the
         researcher.

    It may be possible in some cases to use statistical
    methods to show that the datasets offered in relation to a
    given field are incomplete

    Some cases go beyond the failure to publish complete
    reports of all findings with researchers knowingly making
    false claims based on falsified data.
Responsibility of authors and of
             coauthors

    All authors, including coauthors, are expected to have
    made reasonable attempts to check findings submitted
    to academic journals for publication

    Simultaneous submission of scientific findings to more
    than one journal or duplicate publication of findings is
    usually regarded as misconduct, under what is known
    as the Ingelfinger rule.

    Guest authorship and ghost authorship ( are
    commonly regarded as forms of research misconduct

    Authors are expected to keep all study data for later
    examination even after publication

    to provide information about ethical aspects of research

     Provision of incorrect information to journals may be
    regarded as misconduct
Summary

    Increased involvement of academic researchers has
    raised the potential for Conflict of Interest (CoI).

    Professionals have a conflict of interest when their
    interests or commitments
    
        compromise their judgments,
    
        compromise their research reports.
    
        compromise their communications to research
        subjects, participants, patients, or clients.

    Multiple role of clinician has led to compromised
    loyalties

    Human subject recruitment in industry-sponsored trials
    conflicts with the fiduciary role.

    Investigators, sponsors, grantee institutions, and
    physicians in private practice all stand to benefit by a
    patient’s participation in research.
Summary

    Before beginning a study, investigators are required
    to disclose financial interests that may be affected by
    the outcome of research

    Institutions are required to report the existence of
    conflicts of interest – but not substantive details – to
    funding agencies and to take steps to reduce,
    eliminate or manage conflicts of interest.

    The goal of managing conflicts of interest is to
    minimize the extent to which the design and conduct
    of research is influenced – consciously or
    unconsciously – by financial considerations

    Scientific misconduct is the violation of the standard
    codes of scholarly conduct and ethical behavior in
    professional scientific research.
Thank You

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Conflict of interest

  • 2. Introduction  Increased involvement of academician in research has raised potential of conflict of Interest.  Arises from oppourtunities a faculty or other members might have to benefit financially from the outcome of research.  Granting agencies wants assurance from the institution that member involved in research will not utilise the funds to promote financial gain for themselves or for families.  Institution should have written policies  conflict of interest  to provide a mechanism for faculty and staff to disclose such conflicts.
  • 3. Important aspects  The institutional Conflict of Interest policy must include”  financial interests, gifts, gratuities and favors, nepotism,  and other areas such as political participation and bribery.  These rules must also indicate how outside activities, relationships, and financial interests are reviewed by the responsible and objective institution official(s).  In addition, the institution has the responsibility for maintaining objectivity in research by ensuring that the design, conduct, or reporting of research will not be biased by any conflicting financial interest of investigator
  • 4. Views “Conflicts of interest are ubiquitous in academic life, indeed all professional life; conflicts of interest can never be eliminated. Moreover, the existence of conflicts of interest has to be accepted and not equated with scientific misconduct” (Korn 2000).  “Financial conflicts of interest are not inherent to the research enterprise. They’re entirely optional – unlike intellectual or personal conflicts of interest to which they’re often compared” (Angell 2000)
  • 5. What is a Conflict of Interest?  Situation in which the integrity of academic activity, especially research, may be, or may be perceived to be, compromised by financial or other interests.  A conflict of interest occurs when a secondary interest distorts or has the potential to distort a judgment related to a primary interest  A professional’s judgment does not necessarily have to be biased in order for that researcher to have a conflict of interest — even the appearance of a conflict of interest is ethically worrisome
  • 6. Primary Interests  Professionals have a primary interest— the goal of their profession  For researchers: − Producing generalizable knowledge − Ensuring the safety of research subjects − Disseminating research results
  • 7. Secondary Interests  Professional goals  Publishing  Obtaining future research funding  Gaining recognition and fame  Personal goals  Spending time with his/her family  Earning a good income  Other personal interests such as religion, traveling, social activities, etc.  Political activism
  • 8. Types Conflicts of interest are of two major types.  Conflicts between the professional’s personal or financial interests and the interests of a subject/ participant, patient or client, and  Conflicts that involve competing loyalties, to two or more subjects, patients or clients. Alternatively,  the conflict may be between a subject/participant, client or patient and a third party to whom the professional owes contractual duties, for example, sponsors of research, insurance companies, employers, etc. The term competing interest rather than conflict of interest is preferred by some as a way of lessening any implicit sense of misconduct
  • 9. Financial Conflicts of Interest  The paradigm conflict of interest is financial interest.  non-financial (or only indirectly financial) forms of bias can pose serious risks to research and to human safety and dignity  Significant financial interests must be disclosed to institutional officials and be appropriately managed [Title 42 CFR, Section 50, Parts 604 and 605].  A “significant financial interest,” according to the PHS, is one that that could directly and significantly affect the design, conduct, or publication of research and thus bear on issues of human subject’s protection.  The PHS sets a monetary threshold of a $10,000 interest or 5% ownership in an entity that would reasonably be affected by research, neither PHS nor FDA regulations specify types of financial interests that may be held, or those that may not be held.
  • 10. Financial interest Financial interests include, but are not limited to:  Compensation from employment (by other than grantee institution)  Paid consultancy, advisory board service, etc.  Stock ownership or options  Intellectual property rights (patents, copyrights, trademarks, licensing agreements, and royalty arrangements)  Paid expert testimony  Honoraria, speakers’ fees  Gifts  Trips
  • 11. Ethical Concerns I. The preservation of sound science and II.The protection of human subjects.  Both are integrally related.  Robust protection of human subjects – and those who use the products of science – depends on ensuring the soundness of research.
  • 12. Preservation of Sound Science Threat to scientific integrity by introducing forms of bias that affect the enterprise of science itself  Financial relationships among investigators, academic research centers and private industry create incentives to serve commercial interests rather than the advancement of scientific knowledge  Sponsors may seek to restrict publication in order to avoid advancing the work of competitors.  They may conceal negative study findings by maintaining control of publication  Restricted or partial publication increases the cost of clinical progress and can jeopardize the health of future study subjects and future patients.  It also impedes or disrupts the work of other scientists whose work would otherwise improve, build on or impeach prior investigations.
  • 13. Preservation of Sound Science  The soundness of study results can be profoundly influenced by study design decisions: treatments to be tested  placebo control or active control,  favorable and adverse endpoints,  the characteristics of eligible and ineligible participants,  stopping or modifying a trial, and so on.  Without an investigator’s being aware of it, conflicts of interest may influence the design and conduct of research in ways that render study results unsound, with the potential to misinform the practice of many physicians and to affect the health of patients
  • 14. Preservation of Sound Science  The availability of capitation payments  fees paid by study sponsors to physicians for each patient enrolled in a study – may decreases interest in basic science research  may serve as an inducement for researchers and research institutions to choose projects that are of interest to generous sponsors rather than alternatives that might be of more benefit to patients or society.
  • 15. Protection of Human Subjects  Multiple roles of clinician in clinical research leading to compromised loyalties.  Investigators, sponsors, grantee institutions, and physicians in private practice all stand to benefit by a patient’s participation in research.  Enrolling sufficient number of subjects to obtain funding, (conflict between potential subject interests and those of investigators. )  The concern is that investigators – under pressure to recruit – may undermine the consent process by  misrepresenting the research  inappropriately influencing patients to participate.
  • 16. Current requirements applicable to investigators  Before beginning a study,  Investigators − are required to disclose financial interests that may be affected by the outcome of research to designated institutional officials.  Institutions − are required to report the existence of conflicts of interest – but not substantive details – to funding agencies − to take steps to reduce, eliminate or manage conflicts of interest.
  • 17. Institutional Assurance The regulations state that: Obtain information regarding financial conflicts of interest from all investigators according to institutional policies and procedures. Research institutions are formally responsible for developing and communicating a process for reviewing, authorizing and monitoring arrangements that present conflicts of interest. Investigators are advised to ensure compliance with all of their institution’s policies relating to conflicts of interest . Improperly managed conflicts of interest can result in suspending funding to the offending grantee.
  • 18. Impact of the 2003 Guidance on current requirements On March 31, 2003, the Department of Health and Human Services (DHHS) published revised “draft guidance”Financial Relationships and Interests in Research Involving Human Subjects: Guidance for Human Subject Protection” The 2003 guidance defines a “conflicting financial interest” as “a financial interest related to a research study that will, or may reasonably be expected to create a bias.” It continues to rely on institutional assurance rather than prescription.
  • 19. Managing Conflict of Interest The 2003 Guidance states: “financial interests may be managed by eliminating them or mitigating their potentially negative impact.” The primary strategies for managing conflicts of interest are disclosure and prohibition. A number of influential professional societies, researchers and institutions have advocated a total ban on paid consultancies and equity holdings in entities related to their research; some have recommended barring investigators from investments in fields in which they are conducting research.
  • 20. Managing Conflict of Interest peer review of the study design independent oversight of the research insulating investigator from knowledge about the impact of financial interests through blind- trust type devices insulating the subject/participant from the influence of financial considerations on professional judgment by having an investigator with a conflict abstain from problematic aspects of the study disclosure of the financial interest to subjects on the consent form
  • 21. Managing Conflict of Interest Acknowledge that some conflicts exist (or may exist) and must be “managed” Prevent some relationships Those of no scientific, academic value Those for which the conflict is deemed “too great” Those for which the faculty member has been “irresponsible”, unethical, unprofessional Manage those relationships that are determined to be appropriate/worthwhile to minimize the conflict Clarify what constitutes a Conflict of Interest
  • 22. Managing Conflicts of Interest Prohibiting Problematic financial interest Eliminate those actions that have inherent conflicts without obvious benefit Free gifts, meals, junkets Equity holding Drug samples Conflict free formulary committees Industry control of educational programs Speakers bureaus Consultation relationships and research funding DRAFT - For discussion purposes only
  • 23. Managing Conflict of Interest Academic implication Ensure transparency to all stakeholders Specify deliverables in all relationships with industry  Research funding  Consulting agreements  Publication and dissemination of information (positive and negative)  Intellectual property
  • 24. Managing Conflict of Interest Implications for Patient Care Clarify relationships to patients Informed consent Role of industry in decisionmaking and clinical management Consider participation by Ombudsman Transfer decision making or care, as appropriate
  • 25. Conclusion: How should conflicts of interest be dealt with? Several options exist; all require identifying COIs! Eliminating conflict Disclosing conflict (e.g., to participants, to colleagues or superior) Introducing intermediaries (e.g., consent monitor) What other approaches might be sensible?
  • 26. Scientific misconduct It is the violation of the standard codes of scholarly conduct and ethical behavior in professional scientific research. The main forms of scientific misconduct are: fabrication – the publication of deliberately false or misleading research, often subdivided in: fabrication – v-the actual making up of research data and (the intent of) publishing them falsification – manipulation of research data and processes or omitting critical data or results plagiarism – the act of taking credit (or attempting to take credit) for the work of another.
  • 27. Motivation to commit scientific misconduct  Career pressure  "publish or perish"  Believing that one "knows the right answer"  intend to introduce a fact that they believe is true, without actually performing the experiments required.  The ability to get away with it  Consequences:  vary based on the severity of the fraud, the level of notice it receives, and how long it goes undetected.  Even a case of plagiarism can cause damage through resources being misdirected to others who may be less capable of using them effectively and certainly are less deserving of them.
  • 28. Suppression/non-publication of data  Studies may be suppressed or remain unpublished because  the findings are perceived to undermine the commercial, political or other interests of the sponsoring agent  they fail to support the ideological goals of the researcher.  It may be possible in some cases to use statistical methods to show that the datasets offered in relation to a given field are incomplete  Some cases go beyond the failure to publish complete reports of all findings with researchers knowingly making false claims based on falsified data.
  • 29. Responsibility of authors and of coauthors  All authors, including coauthors, are expected to have made reasonable attempts to check findings submitted to academic journals for publication  Simultaneous submission of scientific findings to more than one journal or duplicate publication of findings is usually regarded as misconduct, under what is known as the Ingelfinger rule.  Guest authorship and ghost authorship ( are commonly regarded as forms of research misconduct  Authors are expected to keep all study data for later examination even after publication  to provide information about ethical aspects of research  Provision of incorrect information to journals may be regarded as misconduct
  • 30. Summary  Increased involvement of academic researchers has raised the potential for Conflict of Interest (CoI).  Professionals have a conflict of interest when their interests or commitments  compromise their judgments,  compromise their research reports.  compromise their communications to research subjects, participants, patients, or clients.  Multiple role of clinician has led to compromised loyalties  Human subject recruitment in industry-sponsored trials conflicts with the fiduciary role.  Investigators, sponsors, grantee institutions, and physicians in private practice all stand to benefit by a patient’s participation in research.
  • 31. Summary  Before beginning a study, investigators are required to disclose financial interests that may be affected by the outcome of research  Institutions are required to report the existence of conflicts of interest – but not substantive details – to funding agencies and to take steps to reduce, eliminate or manage conflicts of interest.  The goal of managing conflicts of interest is to minimize the extent to which the design and conduct of research is influenced – consciously or unconsciously – by financial considerations  Scientific misconduct is the violation of the standard codes of scholarly conduct and ethical behavior in professional scientific research.