- Gifts to Individuals from Industry
Question: At my professional society meetings, registrants are given the conference program material in a tote bag with the name of the society and the name of a pharmaceutical company that I assume paid for the tote bags. May I accept the bag?
Answer: The policy does not prohibit you from accepting the bag, even with the company logo. However, the practice of company support for professional societies in exchange for marketing opportunities (such as printing the company name and logo on conference material) is coming under scrutiny. You should consider recommending that your society eliminate the practice. [go to section 2(a) of policy] - Food
Question: A company that manufactures important devices in my field wants to host a dinner for fellows from five select institutions at our next professional society meeting. The dinner will be at a well-known, expensive restaurant. Can my fellows attend?
Answer: The company is organizing the dinner to buy goodwill and loyalty from specialists who will soon be in practice. The dinner is a gift and should not be accepted. [go to to section 2(b) of policy]
Question: A pharmaceutical company is supporting a visiting professor who will lecture at grand rounds in my department. I understand the company cannot supply food for this event. It’s scheduled at 8 am, and I would like to serve breakfast. What are my options?
Answer: Ask your department director if there are unrestricted funds that you can use for this purpose. He may choose to use pooled funds donated by companies and others to support meals at such events. [go to to section 2(b) of policy]
Question: As a nurse-manager, I supervise several nurses on an inpatient unit. We routinely use equipment from a particular large medical supply company. Although I serve on a committee that makes purchasing recommendations, I am one of about fifteen members. Each year at Christmas, the company sales rep sends a fruit basket to my nursing unit. Can we accept the basket?
Answer: While the fruit is no doubt appreciated, it is a gift from an industry representative and therefore should not be accepted. As of July 1, 2009 industry sales representatives will have to certify that they agree to abide by the JHM Interaction with Industry policy, which does not permit JHM staff to accept gifts from industry. If you receive the gift again, you should notify your department administrator who should politely remind the sales representative that the policy does not allow acceptance of gifts. In the meantime, it’s recommended that you deliver food items to a food bank or soup kitchen. [go to to section 2(b) of policy] - Unrestricted Gifts
Question: I conduct basic science research and clinical research, and I have a clinical practice. One of the drug manufacturers in my specialty field would like to make a gift to my discretionary account. I plan to use the funds to do some exploratory studies in the lab and, if the results are promising, use the preliminary data to apply for an NIH grant to continue the basic research. May I accept the gift?
Answer: The policy requires that unrestricted gifts be directed to the institution and deposited in a departmental or divisional account and not in an individual’s discretionary account. The concern is that, while the recipient may use the gift funds for independent research, the act of making the gift might create a sense, albeit unconscious, of reciprocity; it might lead you, the individual recipient, to view the company’s products more favorably. You should ask the company to direct the gift to your department or division. The director should set up a mechanism for faculty to request unrestricted support from a pool of money – the funds from this company and others. The division or department can acknowledge the company’s support, along with unrestricted support from other sources. [go to section 2(c) of policy] - Pharmaceutical Samples
Question: I run an outpatient psychiatry clinic and some of our indigent patients arrive at the clinic in urgent need of medication to control psychotic symptoms. These patients cannot wait for vouchers supplied by the social work office. We have historically relied on free samples provided by pharmaceutical representatives. Now that we can no longer accept samples, how are we to treat these patients?
Answer: This aspect of the policy will not take effect until July 1, 2010. That is to allow the hospitals’ pharmacies to work with outpatient clinics like yours in developing alternatives to free samples for this type of situation. [go to section 2(d) of policy] - Site Access for Pharmaceutical Industry Representatives
Question: A scientist I know at a large pharmaceutical company will be in Baltimore on the day of my department’s next grand rounds. The topic is closely related to her areas of expertise. May I invite her?
Answer: If she signed in according to JHM site access rules, she may attend the grand rounds. However, industry representatives may not attend JHM meetings or rounds where patient-specific information is discussed; they may not attend lab meetings or other meetings where proprietary data are discussed; they may not be in patient care areas; and they may not distribute company literature at hospital meetings. [go to section 2(e) of policy] - Site Access for Device Industry Representatives
Question: Many of my patients are fitted in our clinic for specialized braces. The fit of the brace must be inspected by professionals in the clinic, so the company representative comes to the clinic by appointment. Is this ok?
Answer: Fitting the brace in the clinic is a necessary component of on-site care for these patients. This is permitted, provided the conditions for site access by device representatives are met. [go to section 2(f) of policy] - Patient Education/Promotional Material
Question: I’m the administrator of an outpatient clinic. Can we accept and distribute material provided by industry that has educational value for patients?
Answer: The policy prohibits exhibiting or displaying industry promotional material at any JHM site, except at Hopkins CME events as permitted under ACCME standards. Some material is clearly promotional and therefore cannot be exhibited or provided to patients. However, in some cases material provided by industry includes valuable educational content that is not readily available otherwise. The attending physicians at each clinic must determine whether a particular brochure or item has more educational than promotional value and make a decision regarding whether to accept it and provide it to patients. Industry representatives offering educational material to JHM clinics must deliver the material to the clinic and request review by the attending physicians. The representatives may not display the material themselves. [go to section 2(h) of policy] - Industry-sponsored Programs
Question: A company has asked me to present a webinar on a topic in my area of expertise and they will post the program on their website. The company is requiring that they review and approve the content of my webinar in advance and they’ve told me the purpose is to ensure there is no product promotion and that my statements are adequately sourced. Although the program is administered by the company’s marketing division, I’m told the goal is educational. Can I participate?
Answer: The company appears to have good reasons for requiring prior review and approval of your content, but there is no assurance that they won’t require revisions to your material. And while their review may not result in the addition of material that overtly favors the company’s drug or device, it may shape your content so as to influence opinions about optimal treatments, such as those involving their products. Under the policy on industry-sponsored programs, you must be able to control the intellectual content of your program. [go to section 2(h) of policy]
Question: I have been invited by an institution on the west coast to deliver grand rounds. I believe the program is being supported by industry, although I don’t know which companies are involved. My hosts have invited me to dinner the evening before the talk at a restaurant where I’ll have a chance to talk with several faculty in my field. If the dinner also is being underwritten by industry, may I attend?
Answer: You were invited by another academic institution, not by industry. Even if industry is supporting the program, it’s the institution that has invited you and is organizing the academic program and dinner. As long as there is no industry control over your talk, you may give grand rounds and attend the dinner. [go to section 2(h) of policy] - Disclosure
Question: I know that when I lecture to medical students, I need to include a disclosure slide in my PowerPoint presentations or a page in the printed material I distribute listing my relationships with companies if the relationships are related to the topic of the lecture. What is the time period for disclosure?
Answer: You should disclose all relevant industry relationships in effect within one year of the lecture. If the relationship ended earlier than a year prior to the lecture, there is no need to disclose it in this setting. [go to section 2(h) of policy]
Question: What should I disclose?
Answer: You should disclose all relevant relationships involving personal payments (e.g., consulting, advisory board service, speaking) and fiduciary roles (e.g., board of director service). While it is not necessary to disclose sponsored research or grant support, you may want to consider doing so. [go to section 2(h) of policy] - Travel
Question: We purchased a new assay machine for our pathology lab and it’s essential that a member of the lab attend one of the vendor’s training sessions. The vendor pays all expenses, including travel, for clients to attend these sessions. Can we send one of our research assistants?
Answer: Yes, provided the expenses are reasonable. (For example, the company should not provide gifts or entertainment in the course of the training.) It is recommended that the training sessions and expenses be incorporated into any purchase contracts with the vendor. [go to section 2(j) of policy]
