BACK

Financial Conflict of Interest Policy

1. Purpose

This Policy has been established by Imagine Scientific, Inc. (hereafter “Imagine”) as of September 6, 2022 to comply with the requirements of 42 CFR Part 50 Subpart F federal regulations on Promoting Objectivity in Research. In particular, it addresses the Responsibilities of Institutions regarding Investigator financial conflicts of interest (FCOI) (§ 50.604), Management and reporting of financial conflicts of interest (§ 50. 605) and Remedies (§ 50.606) [“the Regulations”]. Imagine shall update this Policy periodically as needed to comply with changes in the Regulations.


2. Applicability

Except for Phase I SBIR and Phase I STTR grants (“Exempted Research”), this Policy applies to all Investigators and Subrecipients who participate in research funded by grants, contracts, and cooperative agreements with the Public Health Service (PHS), including the National Institutes of Health (NIH), and other research funded by a government contract that incorporates the Regulations in its terms (collectively, “Covered Research”).

  • The term “Investigator” means an employee, consultant, collaborator, or agent of Imagine who, regardless of title or position, is responsible for the design, conduct, or reporting of research proposed for funding, or actually funded, under Covered Research.
  • The term “Subrecipient” means a grant subrecipient, subcontractor, or other person or entity who has responsibility for the design, conduct, or reporting of research proposed for funding, or actually funded, under Imagine Covered Research.

Unless special circumstances apply, vendors of supplies and equipment to Imagine and vendors who provide routine testing services to Imagine without any significant knowledge of the Covered Research are not Subrecipients.


3. Administration

The Chief Executive Officer of Imagine shall designate an employee of Imagine who is not an Investigator to administer this Policy.  Such employee shall be referred to in this Policy as the “Administrator” and shall fulfill all obligations that are assigned to the Institutional Official under the Regulations.

 

4. Existence of Significant Financial Interest

A significant financial interest of the Investigator (and those of the Investigator's spouse and dependent children) exists if:

  • the value of any remuneration received from a public entity in the twelve months preceding the disclosure and the value of any equity interest in the entity as of the date of disclosure, when aggregated, exceeds $5,000;
    • remuneration includes salary or other payments for services (e.g., consulting fees or honoraria)
    • equity interests include stocks, stock options or other ownership interests
  • the value of any remuneration received from a non-public entity in the twelve months preceding the disclosure, when aggregated, exceeds $5,000, or when the Investigator (or the Investigator's spouse or dependent children) holds any equity interest;
    • remuneration includes salary or other payments for services (e.g., consulting fees or honoraria)
    • equity interests include stocks, stock options or other ownership interests
  • income related to intellectual property rights and interests (e.g., patents, copyrights);
  • travel that is sponsored or reimbursed by an external entity that would appear to be related to employee’s Imagine responsibilities. Such travel must be disclosed, no matter the amount, except when the expenses are covered by any of the excluded sources listed below.

    • BUT EXCLUDING


  • salary, royalties, or other remuneration paid by Imagine;
  • any ownership interest in Imagine;
  • income from investment vehicles, such as mutual funds and retirement accounts, as long as the Investigator does not directly control the investment decisions made in these vehicles;
  • income from seminars, lectures, or teaching engagements sponsored by a Federal, state, or local government agency, an Institution of higher education as defined at 20 U.S.C. 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with an Institution of higher education;
  • income from service on advisory committees or review panels for a Federal, state, or local government agency, an Institution of higher education as defined at 20 U.S.C. 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with an Institution of higher education;
  • Unlicensed intellectual property owned by the employee that does not generate income.
  • travel that is reimbursed or sponsored by a federal, state, or local government agency located in the U.S., an Institution of higher education as defined at 20 U.S.C. 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with an Institution of higher education.

A Financial Conflict of Interest (“FCOI”) is a Significant Financial Interest that the Administrator reasonably determines

  • is related to the Covered Research, i.e., could be affected by the Covered Research or is in an entity whose financial interest could be affected by the Covered Research; and
  • could directly and significantly affect the design, conduct, or reporting of Covered Research.

Each Investigator or Subrecipient must:

  • disclose his or her significant financial interests (SFI) in non-Imagine entities that would appear to be related to his or her professional responsibilities on behalf of Imagine;
  • comply with a FCOI management plan, if a FCOI is identified; and
  • undergo FCOI training, at least once every four years.

Disclosure of SFI is essential for Imagine to determine if a FCOI exists, and in cases of FCOI determine how it will be managed and reported in full compliance with government regulation. Non-disclosure of SFI or non-compliance with the FCOI management plan may subject the employee to employment discipline including, without limitation, suspension or termination of employment.

 

5. Reports

All Investigators must submit to the Administrator a report that discloses all Significant Financial Interests in Covered Research:

  • when planning to participate in the Covered Research, not later than the submission of the application for the Covered Research;
  • annually if participating in Covered Research, on or about June 30;
  • as soon as possible, but not later than 30 days, after discovering or acquiring (e.g., through purchase, marriage, or inheritance) a new Significant Financial Interest.

The Administrator shall review each report promptly after submission by the Investigator and shall inform the Investigator if a FCOI exists.  If the Investigator eliminates the FCOI (which is not always possible or desirable) and revises and resubmits the report to the Administrator, then no further action is needed.  However, if the FCOI continues, then the Administrator shall take the actions described below in this Policy.

 

6. Conflict Management and Disclosure

If a FCOI exists, then the Administrator shall take the following actions prior to any expenditure of funds under the Covered Research to which the FCOI relates or, if the Covered Research is in progress and the FCOI is newly disclosed, then not later than 60 days after the FCOI is disclosed:

  • Develop, implement, and administer a management plan that specifies the actions that have been taken, and shall be taken, to manage the FCOI during the period of the Covered Research.  The Regulations provide the following non-limiting examples of conditions or restrictions that might be imposed by the Administrator to manage a FCOI:
    • public disclosure of the FCOI (e.g., when presenting or publishing the research);
    • for research projects involving human subjects research, disclosure of the FCOI directly to participants;
    • appointment of an independent monitor capable of taking measures to protect the design, conduct, and reporting of the research against bias resulting from the FCOI;
    • modification of the research plan;
    • change of personnel or personnel responsibilities, or disqualification of personnel from participation in all or a portion of the research.
  • Disclose on the Imagine website the following information:
    • the Investigator’s name;
    • the Investigator’s title and role with respect to the research project;
    • the name of the entity in which the significant financial interest is held; the nature of the significant financial  interest;
    • the approximate dollar value of the significant financial interest.

This information shall be updated annually and within 60 days after a new FCOI is disclosed to the Administrator. The website shall note that the information provided is current as of the date listed and is subject to updates, on at least an annual basis and within 60 days after Imagine identifies a new FCOI.  The information posted on the website will remain for at least 3 years after the initial post.

 

  • Provide to the appropriate PHS agency a report regarding the FCOI.  The report shall include sufficient information to enable the PHS agency to understand the nature and extent of the financial conflict, and to assess the appropriateness of the management plan. Elements of the FCOI report shall include, but are not necessarily limited to the following:
    • project number;
    • PD/PI or Contact PD/PI if a multiple PD/PI model is used;
    • name of the Investigator with the FCOI;
    • name of the entity with which the Investigator has a FCOI;
    • nature of the financial interest (e.g., equity, consulting fee, travel reimbursement, honorarium);
    • value of the financial interest;
    • a description of how the financial interest relates to the Covered Research and the basis for Imagine’s determination that the financial interest conflicts with such research;
    • a description of the key elements of Imagine’s management plan, including:
      • role and principal duties of the conflicted Investigator in the Covered Research;
      • conditions of the management plan;
      • how the management plan is designed to safeguard objectivity in the Covered Research;
      • confirmation of the Investigator’s agreement to the management plan;
      • how the management plan will be monitored to ensure Investigator compliance;
      • other information as needed.

In addition, for any FCOI previously reported by Imagine with regard to ongoing Covered Research, Imagine shall provide to the appropriate PHS agency an annual FCOI report that addresses the status of the FCOI and any changes to the management plan for the duration of the Covered Research. The annual FCOI report shall specify whether the FCOI is still being managed or explain why the FCOI no longer exists. Imagine shall provide annual FCOI reports to the appropriate PHS agency for the duration of the Covered Research (including extensions with or without funds) in the time and manner specified by the PHS agency.

 

7. Training Requirement

Imagine shall inform each Investigator of this Policy, the Investigator’s responsibilities regarding disclosure of Significant Financial Interests, and of the Regulations, and shall require each Investigator to complete training regarding this Policy prior to engaging in Covered Research and thereafter at least every four years, and immediately when any of the following circumstances apply:

  • Imagine revises this Policy or any procedures in a manner that affects the requirements of Investigators;
  • an Investigator is new to Imagine;
  • Imagine finds that an Investigator is not in compliance with this Policy or a management plan instituted by the Administrator.

8. Procedures for Subrecipients

If Imagine conducts Covered Research through a subrecipient (e.g., subcontractors), Imagine must take reasonable steps to ensure that any subrecipient Investigator complies with this Policy and the Regulations by incorporating as part of a written agreement with the subrecipient terms that establish:

  • that this Policy will apply to Investigators of the subrecipient;
  • time periods for the subrecipient to submit disclosures of Significant Financial Interests; (such time periods shall allow sufficient time for Imagine to comply with its requirements under this Policy);
  • that the subrecipient will accept any determination by the Administrator that a FCOI exists and shall enforce on its Investigators any management plan established by the Administrator.

Alternatively, at the discretion of the Administrator, Imagine may accept the FCOI policy of a subrecipient, provided:

  • that such policy complies with the Regulations;
  • that Imagine and the subrecipient enter into a written agreement in which the subrecipient provides written certification that the policy complies with the Regulations;
  • the subrecipient agrees to the other requirements set forth above;
  • the subrecipient agrees to any other terms and conditions required by the Administrator to ensure that Imagine complies with the Regulations.

9. Noncompliance

If Imagine discovers that an Investigator has failed to disclose a Significant Conflict of Interest within the timelines set forth in this Policy, or if an Investigator fails to comply with a management plan established under this Policy, then Imagine shall remedy such noncompliance and conduct a retrospective review as required under the Regulations. In such event, the Administrator shall refer to the Regulations for all necessary details and procedures.

 

10. Enforcement

Any violation of this Policy by an Investigator may result in disciplinary action by Imagine, up to and including termination of employment.

 

11. Public Disclosure and Records

The Imagine FCOI policy is being made accessible on its website as required by the Regulations.  If Imagine receives a request for information via email ( [email protected]) concerning any Significant Financial Interest disclosed to Imagine that meets the following three criteria:

  • The Significant Financial Interest was disclosed and is still held by the senior/key personnel for the NIH-funded research project identified by Imagine in the grant application, progress report, or any other required report submitted to the NIH;
  • Imagine determines that the Significant Financial Interest is related to the NIH-funded research;
  • Imagine determines that the Significant Financial Interest is a Financial Conflict of Interest,

Imagine will respond in writing within 5 business days with the minimum elements required by the regulation. The information will be available for three years.

All reports and other records relating to this Policy shall be retained for a period of at least 3 years from the date that the last payment is received for the applicable Covered Research.  Such records shall be available for audit by the PHS as set forth in the Regulations.

 BACK