NIH Issues New Conflict-of-Interest Rules

Academe, May/Jun 2005 by Kurland, Jordan E

New conflict-of-interest rules issued by the National Institutes of Health (NIH) for their employees have prompted criticism by NIH scientists that the rules are unfair and might hurt recruitment of scientists to work at the institutes. The rules, issued in February, were in response to more than a year of scrutiny by congressional committees and stories in the Los Angeles Times that some NIH scientists had received money from pharmaceutical companies for consulting work, and that some had been awarded prizes by universities that receive NIH grant money.

Under the rules, NIH scientists cannot do paid or unpaid consulting for any company or academic institution that receives NIH grants. Senior staff members and their families are prohibited from owning stock in biotechnology and drug companies, and other employees can have no more than $15,000 in stock in any one company. There are some exceptions. Scientists can be paid to teach continuing professional or medical education courses, to practice medicine, and to do scholarly writing unrelated to their NIH duties. They are also allowed to accept certain "bona fide" awards, such as the Nobel Prize.

In response to these rules, NIH scientists have revived the institutes' Assembly of Scientists, and its recently elected eighteen-member executive committee is drafting proposals aimed at modifying the new requirements. Other scientists are reported to be considering a legal challenge to the stock ban. Scientific groups outside the NIH are generally supportive of the rules, but caution that they could take a toll on the willingness of NIH scientists to participate in their activities, on the legitimate work of NIH researchers with private companies, and on the ability of the NIH to attract top scientists to its ranks.

In the meantime, the NIH is reviewing its policies for members of its advisory committees, which make recommendations to NIH on overall grant policies and on awarding individual grants. Many university scientists serve on these committees, and they may eventually find themselves subject to new conflict-of-interest regulations.

-J.K.