Consulting Policy

Policy:

It is anticipated that Lahey Hospital & Medical Center Colleagues (as defined below) may be asked to provide professional services to outside entities or individuals (e.g., manufacturers, attorneys), give talks or lectures, or participate in other such activities for which they would be paid compensation, including honoraria. It is the policy of Lahey Hospital & Medical Center that Colleagues may provide Consulting Services and may accept compensation for providing Consulting Services under certain circumstances.

Definitions:

Colleagues” means all Lahey employees and temporary, per diem personnel, volunteers, students and others rendering paid or unpaid services to Lahey.

Consulting Services” means professional services, including Expert Witness Services, or giving talks and lectures for outside entities or individuals (e.g., manufacturers, attorneys) for which compensation, including honoraria, is received.

Expert Witness Services” means the retention of a Colleague, based on his or her area of expertise, by an outside individual or entity to review documentation, conduct research, render an opinion, whether in writing or not, and, in some cases, provide testimony as to that opinion on a matter not in any way related to Lahey Hospital & Medical Center.

General Requirements and Prohibited Activities:

  • Colleagues may participate in manufacturer advisory boards or act as direct consultants to manufacturers. 
  • Colleagues may participate in lectures, conferences, or similar programs provided that they retain responsibility for the content of any related papers or talks that they write or give, including slide content. 
  • Compensation paid to a Colleague for Consulting Services must be fair market value for the services provided by the Colleague and must be documented in a written agreement. 
  • Compensation paid to a Colleague for Consulting Services may include payment for meals, food, and beverages. Entertainment or recreational items of any value (e.g., golf balls, sports bags, artwork, CD’s, tickets to a sporting event) are “Personal Gifts” (as defined in the Vendor Interactions Policy) and are prohibited. 
  • Colleagues who provide Consulting Services to pharmaceutical manufacturing companies and who are members of the Pharmacy and Therapeutics Committee must disclose to the Pharmacy and Therapeutics Committee the existence and nature of these Consulting Services. 
  • This Consulting Policy does not govern a Colleague’s participation in an industry-sponsored clinical trial or a Colleague’s presentation of industry-sponsored research when the Colleague serves as a principal investigator of such trial or research.

Colleagues may not:

  • Participate in a company program for which the company (1) has a contractual right to control what the Colleague says, (2) creates the presentation materials and has a right of final approval of all content, or (3) controls the publicity related to the event; 
  • Participate in industry-sponsored speakers bureaus or other programs for which the Colleague receives compensation to act as the company’s spokesperson to disseminate company-generated materials or promote company products, except for programs at which the Colleague would present the results of his or her industry sponsored study to peers and there is an opportunity for critical exchange; 
  • Engage in purely marketing activities for industry products; 
  • Attend industry-sponsored events that are not accredited by the Accreditation Council for Continuing Medical Education (ACCME) but are promoted as continuing medical education (CME); 
  • Publish articles or editorials that contain substantial portions written by someone who is not identified as an author or who is not properly acknowledged when the articles or editorials are written on behalf of Lahey Clinic or use the Lahey Clinic name; 
  • Accept payment for attending industry-sponsored meetings or accept “Personal Gifts” (as defined by the Vendor Interactions Policy) from industry at these meetings; 
  • Accept compensation for listening to a sales pitch by an industry representative; or 
  • Accept travel funds from industry, except for travel funds that are legitimate reimbursement for Consulting Services or funds that are permitted by the Vendor Interactions Policy as travel funds associated with a vendor training or education program. When accepting travel funds from industry, Colleagues must also comply with the Travel Policy.

General Procedure:

  • Before agreeing to perform the Consulting Services, the Colleague shall disclose his or her intention to provide such services by filling out the appropriate conflict of interest form in accordance with the Conflict of Interest Policy. The Colleague’s disclosure shall include a description of the Consulting Services, the dates of service, the estimated number of hours, the expected compensation, and any travel or other expenses that would be reimbursed. 
  • Upon approval of the request in accordance with the Conflict of Interest Policy, the Colleague may then perform the Consulting Services. The Colleague shall comply with any requirements in the Conflict of Interest Policy to file the final written agreement for Consulting Services with the Corporate Compliance Committee. 
  • Except as set forth below, Consulting Services should be provided outside the hours that the Colleague is expected to perform duties on behalf of Lahey Hospital & Medical Center (for example, during vacation, weekends, or evenings) and no Lahey Hospital & Medical Center time, expenses, or resources (including, but not limited to, staff, information technology, or the Lahey Hospital & Medical Center name or logo) may be used. The Colleague may retain the compensation received for providing Consulting Services. 
  • When giving talks or lectures for which an honorarium will be received, the Colleague may provide the Consulting Services during regularly scheduled Lahey Hospital & Medical Center hours or use Lahey Hospital & Medical Center resources (including, but not limited to, financial, staff, information technology, or the Lahey Clinic name or logo). Any honorarium received for Consulting Services provided during regularly scheduled Lahey Hospital & Medical Center hours or with the use of Lahey Hospital & Medical Center resources shall be endorsed to Lahey Clinic Foundation, Inc. The Colleague may designate such funds for departmental or divisional research or educational purposes or approved institutional projects. 
  • When providing Consulting Services, the Colleague may not in any way represent that his or her opinion is the opinion of Lahey Hospital & Medical Center.

    Contact: Compliance Officer
    Cross Reference: Conflict of Interest Policy
    Travel Policy
    Vendor Interactions Policy
    Origination Date: 2004
    Reviewed/Revised: 2007, 2008, 2010
    Approved by Corporate Compliance Committee
    Audit/Compliance Committee of the Board of Trustees