Interactions with Industry Policy

A. Access to VHS by individuals who work for or represent the interests of Industry (“Industry Representatives”) is restricted to non-public, non-patient care areas and only upon invitation by a SOM or SHP department or by University Procurement Services for non-marketing purposes, such as device or equipment training. 

B. Industry Representatives may attend grand rounds on occasion for educational purposes if expressly invited by a department or division director or faculty member, and if no patientspecific information will be discussed, and no marketing activities will take place. 

C. Medical device or similar Industry may only be present for patient care interactions when: 

    1. The purpose of the representative’s visit is to provide in-service training or assistance to an EVMS Medical Group at Old Dominion University (EVMS MG) clinician or staff member on devices or equipment; 

    2. There is a formal written agreement between the University and the Industry Representative’s company; 

    3. The representative is appropriately approved in accordance with EVMS MG policies; and 

    4. There has been prior written disclosure to the patient (or their family) that Industry Representatives may be present in the procedure area.

A. Incidental Gifts and Promotional Items. To avoid the implied expectation or perception of reciprocity, no gifts, entertainment, food items, or meals, regardless of value, from Industry may be accepted by any individual. In addition, Industry promotional materials may not be exhibited or displayed in the SOM or SHP unless part of an approved educational activity pursuant to Section V of this policy. 

B. Educational Materials. Medical or scientific books, anatomical models and illustrations, posters, or other educational promotional items may not be accepted from Industry unless the item and its packaging are not branded (does not carry the Industry name or logo) and the item is of nominal value. In addition, the items must be distributed through a SOM or SHP department or via University Procurement Services. Nominal value shall be determined by the Dean. 

C. Consulting Arrangements. Consulting arrangements involving personal compensation without commensurate associated duties are considered gifts to individuals and are prohibited. This includes payment for attendance at activities and payment for being listed on Industry websites as associated with any Industry product or treatment modality. Specific policies regarding outside consulting for Industry are set forth in Section VII of this policy. 

D. Travel Support. Acceptance of payment or reimbursement for travel expenses to attend lectures and meetings is considered a gift and not permitted under this policy. Travel support may only be accepted for: 

    1. Contractual services, such as a disclosed and approved consulting activity; 

    2. Viewing of capital equipment that is being considered for purchase; 

    3. Travel related to sponsored research in accordance with University-sponsored project policies; 

     4. Travel to professional meetings by faculty with donated funds, provided that the decision to use the donated funds is made by the Department Chair; and 5. Travel by students and trainees if travel funds come from scientific societies, whether or not Industry is the source of funds, provided that Industry does not control the selection of the recipient of travel support.

A. Continuing Medical Education (CME) Activities. The Office of Continuing Medical Education (OCME) has been accredited by the ACCME to provide AMA PRA Credit Category 1 CreditTM continuing medical education for physicians. All accredited CME activities for VHS, or using the University or VHS name or resources, must be sponsored directly by or jointly with the University and must be managed by the OCME to ensure compliance with both ACCME Standards for Commercial Support and VHS CME policy. 

B. Non-ACCME Accredited and Other Educational Activities. Industry support may be accepted for non-ACCME-accredited and other educational activities (e.g., grand rounds, lecture series) sponsored by the University, both on- and off-campus. In order for such support to be allowable, the educational activity must be free from the control of Industry and must have complete and autonomous control over all of the arrangements, including the choice of speaker, the setting, and invitations to attendees. Support must be used strictly for educational activities and managed by a department or program, not an individual faculty member or the individual developing the activity, and must substantially conform to the same guidelines as with ACCME-accredited educational activities, as follows: 

   1. The terms and conditions of the educational activity must be set forth in a Letter of Agreement signed by the Industry and the University; 

   2. Industry may not require that support be used for a specific topic, speaker, or activity, and support may not influence the curriculum or program in any way;

   3. Industry Representatives may not bring, serve, or otherwise directly pay for food. Industry may, however, provide an educational grant to the department in support of food costs; 

   4. No Industry or product-specific promotion or marketing (e.g., corporate logos, slogans, signs, brochures, or other marketing materials) may be displayed as part of the educational activity. Vendor exhibits may only be allowed if separated from the educational activity and with approval from the Dean. Acknowledgment of the Industry support, including any in-kind support, must be displayed publicly and/or disclosed in program materials; 

   5. Faculty financial relationships that pose a conflict of interest or appear to pose a conflict of interest must be disclosed to the attendees; and 

   6. All guest lecturers must complete a Disclosure of Relationships Form, and any conflicts of interest must be resolved or managed prior to the date of the educational activity. 

C. Department Meetings. Industry funding may not be accepted to support the costs of internal department meetings, retreats, or social events, even if for “educational” purposes. In addition, Industry Representatives may only attend the meeting or event as a member of the general public if such meeting or event is open to the general public. 

D. Graduate Medical Education (GME). All Industry-sponsored events taking place during scheduled didactic programs are considered part of the official curriculum for residents/fellows and are subject to the following: 

   1. The event must support or advance the overall education of the trainee(s) or have a benefit to patients. 

   2. The event and any speakers must be approved in advance by the GME Program Director. 

   3. There must be at least one faculty member present at the event to ensure a balance in the presentation, as well as offering counterpoints, opposing views, etc.

EVMS MG departments may accept free drug, equipment, or supply samples from Industry solely for distribution as starter medications for patients who would have financial difficulty purchasing the medication or would otherwise be non-compliant or have poor outcomes without the sample medication. Since the distribution of non-formulary drugs or supplies to patients may encourage the use of costlier medications, EVMS MG clinicians should be judicious in distributing medications and, when samples are distributed, must advise the patient of the cost advantage of using a generic alternative or equivalent, if one is available. Samples may not be sold, may only be provided to individuals with whom EVMS MG clinicians have a bona fide doctor-patient relationship, and must be dispensed, tracked, and stored in accordance with EVMS MG policies.

A. Attendance at Industry Meetings and Conferences. In order to avoid the potential for an actual or perceived conflict of interest, faculty, staff, students, residents, and trainees are discouraged from attending Industry meetings and conferences that are promotional in nature (such as dinner meetings). Should the choice be made to attend, individuals must ensure that: 

   1. The activity is designed to promote evidence-based clinical care and/or advance scientific research; the lecturer/speaker has determined and prepared the content and is expected to provide a fair and balanced assessment of the topic and promote objective scientific and educational discourse; 

   2. The Industry sponsor discloses its support, and attendees are not required by the Industry sponsor to accept advice or services concerning speakers, content, etc., as a condition of attendance at the meeting; and 3. Attendees do not accept gifts or other compensation (including travel expenses) for attendance and pay for their own meals unless modest meals are being provided as part of the larger program. 

B. Speaking Engagements. The terms of the speaking engagement shall govern whether or not the activity is acceptable under this policy. Faculty members may speak at an Industry-sponsored program and/or facilitate the participation of GME or student trainees in a program only if: 

   1. The relationship is disclosed and managed in accordance with the University's conflicts of interest policies; 

   2. The faculty member retains full control and authority over the engagement and does not allow Industry to control or direct the communication or the slide set (or other presentation materials) to be used by the faculty member; 

   3. The lecture provides a balanced assessment of therapeutic options, promoting objective scientific and educational activities and discourse; 

   4. The faculty member is not required by the company sponsor to accept advice or services concerning teachers, authors, or other education matters, including content, as a condition of the sponsor’s contribution of funds or services; 

   5. The faculty member is not being paid to act as a long-term Industry employee or spokesperson (see Section VII.B), the faculty member is not receiving any gift(s) in lieu of payment, and the faculty member is only receiving compensation commensurate to services performed; 

   6. The faculty member explicitly describes the nature of the support and all related relevant financial interests (past, existing, or planned) to the audience if disclaimers are not otherwise provided; and 

   7. The lecturer makes clear to the audience that the content of the lecture reflects the view of the lecturer and not the University. 

C. Consulting for Industry. Faculty may consult with Industry in accordance with this Handbook only if: 

   1. The consulting relationships are approved by the faculty member’s Department Chair and are disclosed and managed in accordance with the University’s conflicts of interest policies. 

   2. The faculty member is not receiving gifts in lieu of payment, compensation is at fair market value for the services to be performed, and the arrangement is governed by a written agreement specifying the service(s) to be provided and the cost of such services; 

   3. The consulting arrangement is not exclusive and allows for the faculty member to prescribe or use any comparable equipment, devices, or treatment modalities; 

   4. The faculty member makes it clear that content reflects the views of that faculty member and not the views of the University (if consulting activities include speaking); and 

   5. University logos may not be used for any purpose, and the University and VHS name may only be used to identify the faculty member’s position or affiliation with the University. 

D. Prohibited Activities. Providing services for the following activities is not permitted under any circumstances: 

   1. Industry-sponsored "speakers bureaus” (i.e., contractual relationships to give talks in which the topic(s) and/or content are provided by the company);

    2. Industry marketing and training programs designed solely or predominantly for sales or marketing purposes (i.e., “detailing”); and 

   3. Ghostwriting. Faculty, residents, and students may not allow their professional scholarly papers or presentations of any kind, oral or written, to be ghostwritten by any person from Industry, a medical education company, or another source. "Ghostwriting" refers to claiming authorship of a paper or presentation that was written or prepared by another person.

A. Scholarships & Other Educational Funds for Trainees. Industry-sponsored scholarships and other educational funds from Industry may be given to a department or division through the EVMS Foundation, provided that there is no expressed or implied quid pro quo for the funds. The evaluation and selection of recipients of such funds shall be made by the Department Chair, GME Program Director, or in accordance with scholarship selection committee criteria, as applicable, with no involvement by Industry. Such gifts will be acknowledged in accordance with established gift acceptance policies. 

B. Other Gifts. Industry may support the VHS mission through unrestricted gifts, gifts-in-kind, or other gifts, provided that there is no expressed or implied quid pro quo for the gift, no involvement by Industry in the distribution of the gift, and the gift complies with established gift acceptance policies. All gifts must be accepted through the EVMS Foundation. Such gifts will be acknowledged in accordance with established gift acceptance policies.

The University’s Policy on Individual Research Conflicts of Interest and Commitment sets forth the rules governing investigators’ financial interests as they relate to the design, conduct, and reporting related to research. All other matters related to interactions with Industry are subject to this policy.

In the case of a single instance of an inadvertent failure to comply with this policy, VHS Compliance will remind the involved individual(s) of their obligation to comply with the policy. In the event of repeated or deliberate failure to comply with this policy, the matter will be referred to the Department Chair and the Dean for disciplinary action.

Questions about this policy or the chart should be directed to the VHS Compliance Office at 757- 446-6008.