Resources

Gift Policy

OSUMC Policy on Gifts to Medical Staff From Industry Representatives

DRAFT – for internal discussion only November 6, 2003

Definitions

1) “Industry” – includes those businesses, corporations, or entities that supply or wish to supply equipment, goods, services, or other medical related products to physicians, nurses, administrators, or hospitals.

2) “Representative” – includes any individual who is employed by or who represents any entity defined under “Industry” above.

3) “Medical Staff Member” – includes any member of the medical staff (including an intern, a resident or a fellow) who is credentialed to provide healthcare services at any clinical facility associated with the Ohio State University College of Medicine or the Ohio State University Medical Center.

4) “Trainee” – includes any member of the housestaff (intern, resident or fellow) who is actively participating in a graduate medical education program (both ACGME-accredited and non-ACGME-accredited) that is supervised by the GME Committee and the GME Office of the Ohio State University Hospital.

General Principles

1) A gift from an industry representative to a medical staff member should not be accepted if its value either alone or in conjunction with other gifts from that representative are such that they might influence a decision to purchase, recommend or prescribe a product from that representative’s firm.

2) No gift should be accepted by a medical staff member if there is any relation to the gift being given and the prescribing or purchasing patterns of that medical staff member. A medical staff member shall never solicit a gift from an industry representative.

3) Gifts or other items from an industry representative may be given to a member of the medical staff only if the items are less than $100 in value and primarily benefit the patient (e.g. an anatomical model for an examination room, patient education pamphlet, etc.) If there is a question of whether a gift meets this standard, a member of the medical staff is free to consult their respective department chair, division director or the medical director’s office. Items should not be offered on more than an occasional basis, even if each individual item is appropriate. Providing product samples for patient use in accordance with the Prescription Drug Marketing Act is acceptable, but the Product Evaluation Policy/Procedures #4-13 and the Equipment Safety Policy/Procedures for Patient Care located in the Hospital Safety Manual as Policy EM-1 must be followed.

4) Individual gifts of minimal value (defined as less than $25) that are directly related to a medical staff member’s professional responsibilities (e.g., pens, notepads, etc.) are permitted but discouraged. The use of any vendor’s material with the vendor’s name or logo is strongly discouraged in public or patient care areas.

5) Cash payments or gift certificates may not be accepted from an industry representative simply as a gift. Cash payments are allowed only when they are in return for services rendered (e.g., a lecture fee, a consulting fee, etc.). The value of such fees should be reasonable, should be in return for genuine services, and should be commensurate to the time and effort put forth by the member of the medical staff.

6) Any meals, desserts, snacks, etc. that are provided to a member of the medical staff by an industry representative must be in the context of an organized, scheduled educational activity (e.g., grand rounds, journal club, etc.) The meals or receptions should be modest and be conducive to discussion among faculty and attendees, and the amount of time at the meals or receptions should be clearly subordinate to the amount of time spent at the educational activities of the meeting. The provision of meals, etc. on more than an occasional basis would not be appropriate. All meals, desserts, snacks, etc. that are provided by industry representatives must be approved in advance by the appropriate program director, division director, department chair or medical director prior to the associated activity.

Although not required, it is recommended that industry representatives provide support for such meals, desserts, snacks, etc. directly to the training program, division, department, or hospital in the form of an unrestricted educational grant to then be spent by the department on food for educational activities at their discretion. Appropriate recognition of the industry representative’s contribution should be given by the program, division, or department.

7) It is permissible for an industry representative to provide scholarship or other special funds to allow GME trainees or medical students to attend carefully selected educational conferences. However, no educational grant, financial award, cash gift, or expense reimbursement, may be given directly to a GME trainee or medical student by an industry representative. Any educational grant, financial award or cash gift that is designated for a trainee must be awarded by either the College of Medicine, the OSU Medical Center, or that trainee’s respective department, division or training program. The medical director or the respective program director, division director or department chair must be responsible for choosing any trainees or medical students who are given such awards and the program, division, or department must be responsible for either reimbursing or supporting the trainee.

References:

PhRMA Code on Interactions with Healthcare Professionals, April 2002
OIG Compliance Program Guidance for Pharmaceuticals Manufacturers, April, 2003
(AMA) E-8.061 – Gifts to Physicians from Industry
(AMA) E-9.011 – Continuing Medical Education
Copies can be found at: 222.ama-assn.org/ama/pub/category/4001.html
(ACGME) ACGME White Paper on the Relationship of GME and Industry
Copy can be found at http://www.acgme.org/new/GMEIndustryGuide.asp
(AAMC) “Resident Physician and Medical Industry Interactions: Guiding Principles”