A. Conflict of Interest and the California Political Reform Act
As a California public agency, the University of California is subject to the conflict of interest requirements contained in the California Political Reform Act (the "Act"). The Act is based on the premise that public employees should perform their duties in an impartial manner, free from bias caused by their own financial interests.
The University of California's Conflict of Interest Code, developed in response to the Act, requires that all University employees and officers disqualify themselves from making, participating in making, or attempting to influence any decision of the University where the individual has more than a nominal personal financial interest in the decision.
Employees must be aware of:
- What is meant by making or participating in making a University decision
- What constitutes a conflict of interest
- How to disqualify oneself
- What could happen if one does not disqualify oneself
The Act further requires certain state and local government officials to publicly disclose their private economic interests on an official Statement of Economic Interests form (Form 700).
These issues are discussed in further detail in the University of California Conflict of Interest Code, the University of California Conflict of Interest Policy, and the UCLA Health System Conflict of Interest Policy.
Please direct any questions you may have regarding an actual or potential conflict of interest to Jane Lopatt (jlopatt@conet.ucla.edu), UCLA Campus Conflict of Interest Coordinator, at (310) 825-7777, Office of the Campus Counsel.
B. Vendor/Industry Relations
The University has adopted several policies and guidelines regarding vendor/industry relations. The two main sources of guidance include: 1) The "Guidelines on Industry Activities for the David Geffen School of Medicine at UCLA and the UCLA Medical Enterprise" and 2) The University of California Policy on Health Care Vendor Relations. These vendor/industry-related policies address such issues as:
- Gifts and compensation provided by industry
- Access to clinical and non-clinical areas by sales and marketing representatives
- Industry support for educational and other professional activities
- Student and other trainee interactions with industry
- Faculty, staff, and trainee disclosure of relationships with industry
If there is a conflict between these two documents, the stricter set of rules applies. If you have any questions regarding either document, please submit your inquiry to coi@mednet.ucla.edu or contact the UCLA Health System Office of Legal Affairs.
1. UCLA Health System Guidelines on Industry Activities
In an effort to establish clear direction for UCLA Health System faculty, staff, and trainees, The David Geffen School of Medicine at UCLA adopted "Guidelines on Industry Activities for the David Geffen School of Medicine at UCLA and the UCLA Medical Enterprise" with respect to relationships with industry.
According to these guidelines, gifts from industry should not be accepted anywhere on the UCLA campus or at any clinical facility operated by UCLA. Individuals must continually strive to avoid the appearance that clinical care decisions are influenced by outside commercial interests. In addition, UCLA Health System faculty, staff and trainees should utilize pharmaceutical or device samples only within the policies established by the UCLA Health System and when these samples clearly enhance patient care.
Industry grants to support educational or professional activities must comply with ACGME Standards and must be administered by departments or divisions, and not by the individual faculty member. Also, industry representatives may not directly provide meals or other types of food for any educational or professional activity of the David Geffen School of Medicine at UCLA facilities.
Please note that, while offers of free or discounted goods, gifts, honoraria, or grants for teaching or research programs frequently serve an important and socially beneficial function, they may, in some circumstances, violate the federal Anti-Kickback Statute and similar California state law.
2. The University of California Health Care Vendor Relations Policy
On March 12, 2008, the University of California adopted The University of California Policy on Health Care Vendor Relations. Guidance is provided in the following areas:
- Vendor preceptorships
- Publicity of industry support
- The applicability of the Anti-Kickback Statute
- Confidentiality (HIPAA) assurances
- The responsibility of committees that oversee purchasing decisions
C. Additional University of California Links
D. Industry Statements/Policies on Vendor Relationships
