Policy on Conflicts of Interest

Update your Disclosure of Interests Questionnaire.

Resolution of the Board

The Board of Directors of the College of Psychiatric and Neurologic Pharmacists hereby finds and declares:

The proper governance of the College of Psychiatric and Neurologic Pharmacists depends on Board and Committee members who give of their time and effort for the benefit of the profession.

Service on the Board and various Committees carry with them a requirement of loyalty and fidelity to the organization, it being the responsibility of the members of the Board to govern the organization’s affairs honestly and economically, exercising their best care, skill and judgment for the benefit of the College. The giving of this service, because of the varied interests and backgrounds of the Board and Committee members, may result in occasional situations which present or which may appear to present a potential conflict of interest.

The possibility of occasional conflicts of interest should not prevent service as a member of the Board or Committee as long as potential conflicts can be properly identified and avoided.

The matter of potential conflicts of interest can best be handled by adopting and implementing a policy which describes conflicts which need to be avoided, requires full disclosure and avoidance of potential conflict situations, and sets forth procedures for dealing with the matter of conflicts, both periodically and as actual situations arise.

Board and Committee members having a conflict of interest or potential conflict of interest within the last 12 months must disclose the conflict to the Board and/or the Committee and refrain from voting or exercising their influence on matters affected by the conflict.

Definition

The Board adopts the following definitions and procedures for the identification, disclosure, and avoidance of potential conflicts of interest by members of the Board of Directors and Committees.

It is the policy of the College to prohibit, except with prior Board of Directors and (if applicable) Committee approval, any apparent or actual conflict of interest. A conflict of interest for these purposes includes any situation in which an employee, director, officer or committee member has a private or personal interest sufficient to appear to influence the objective exercise of his or her duties or responsibilities for the College. An apparent conflict of interest is one in which a reasonable person would think that the person’s judgment is likely to be compromised. A potential conflict of interest involves a situation that may develop into an actual conflict of interest. The conflicts of interest intended to be prohibited include any cases of self dealing, accepting benefits, influence peddling, influencing educational products or other services, using the College’s property for private advantage, and using confidential information.

For example: Ownership of or employment by a company that sells goods or services to the organization or purchases goods and services from the organization, could create a conflict of interest or at least the appearance of a conflict. Similarly, having an interest in a competitor of the College or in competition with prospective activities of the College could create a conflict of interest or the appearance of a conflict. This type of interest should be disclosed and the individual participation in any transaction affected by the conflict should be avoided. A Board or Committee should not use his or her title as a Board member or Committee member to promote a product or enterprise. The use of one’s title on a CV is not construed as a conflict of interest.

To accept gifts, excessive entertainment or other favors from anyone who does business, is seeking to do business with the College or is a competitor of the College, might under certain circumstance appear to create a conflict of interest. Also, to disclose or use information relating to the College’s business for the personal profit or advantage of the Board or Committee member could give rise to a claim of conflict.

Family members: For the purpose of this policy, the interests of immediate family members of the Board or Committee member should be treated as the member’s own interests, and should be disclosed and dealt with the same as if they were the interest of the member himself or herself.

To avoid real or perceived conflicts of interest, pharmaceutical industry employees will not be permitted to author any consumer education materials. A pharmaceutical industry employee may serve in the capacity of a reviewer or editor of consumer information materials only if they do not involve products made by his/her employer or any competing products in the product class. Consistent with implied and/or expressed restrictions of accrediting bodies (e.g., ACCME and ACPE), pharmaceutical industry employees will not be permitted to participate in planning or developing professional education programs or materials on behalf of CPNP. As well, committee members with conflicts of interest must not assist in the development of or content review of educational products and services.

A member’s committee participation should not confer advantage on his/her employer, nor disadvantage a business competitor of that employer, nor should it give the appearance of such a conflict of interest.

Policy

1. Committee Chairs and members of the Board of Directors in their capacity as Board members and liaisons to committees shall be responsible for:
   • Periodically reviewing this Policy and recommending to the full Board any needed changes in the Policy.
   • Reviewing information regarding potential conflicts, resolution of conflicts, concerns about transactions in which a conflict may exist, seeking legal advice (via staff) if necessary.
   • With the assistance of staff, reviewing the compiled online disclosures called for in section 3 below and summarizing its findings.
   • Monitoring for, identifying and addressing any perceived conflict of interest throughout the term of the Board or Committee.
2. Transactional Disclosures: Any Board or Committee member having an interest in a contract or other transaction presented to the Board or Committee for authorization, approval, or ratification, shall make a prompt, full and frank disclosure of the interest to the Board or committee prior to its acting on the contract or transaction. Any doubt by the Board or Committee members as to whether the interest could constitute a conflict of interest, regardless or whether the interest is substantial or insubstantial, direct or indirect, shall be resolved in favor of disclosure.
3. Determination of Conflict: If a conflict is questionable at the Board level, the Board shall thereupon determine, by 2/3 majority of those voting (with the member(s) having the potential conflict abstaining), whether the disclosure shows that a conflict of interest exists. At the committee level the Board Liaison will be responsible for determining and announcing if a conflict exists. If a conflict is deemed to exist, the members(s) with the conflict shall not vote on, nor use his or her personal influence on, nor participate (other than to present factual information or respond to questions) in the discussion or deliberations with respect to the contract or transaction. At the discretion of the presiding officer, the member with the conflict may be asked to leave the meeting at any point in the discussion or deliberations. The minutes of the meeting shall reflect the disclosure made, the vote thereupon, and where applicable, the abstention from voting or participation.
4. Continual Disclosure: Once each year as the committee year begins, members will be required to complete or update their Disclosure of Interest Form. Disclosures are available for viewing at all times in the committee workspaces and are to be discussed at the first meeting of each committee and revisited monthly at each committee meeting.  Prior to the first meeting, the full Board (as Board members and committee liaisons) and individual Committee Chairs shall review the completed questionnaires, confirm that all questionnaires have been updated within the previous two months, obtain additional information from individual Board and Committee members where indicated, and review those findings. This same procedure shall be followed with new Board or Committee members at the time of appointment. The Executive Director and other employees and agents of the corporation with significant responsibility, will be required by the Board to follow the same disclosure procedures.
5. Conclusion: In the spirit of openness and fairness in public service, all Board or Committee members of the College of Psychiatric and Neurologic Pharmacists are encouraged to make full and frank disclosure whenever a situation arises which could create, or appear to create, any conflict between the Board or Committee member’s interest and the interest of the corporation. In order to protect the interest of the College, and to avoid unnecessary conflicts or misunderstandings, the members of the Board of Directors adopt this policy.