Financial Conflict of Interest (FCOI)

Celldom is dedicated to maintaining public trust in the integrity of our research-related  activities. The identification and responsible management of financial conflicts of interest  (FCOI) are crucial both for safeguarding research objectivity and for compliance with  federal regulations and Celldom policies.

Celldom seeks to ensure the integrity of its research and to comply with the federal Public  Health Service’s (PHS) requirements for institutions that seek research funding. The PHS  has implemented regulations (Title 42 Code of Federal Regulations (CFR), Part 50,  Subpart F, Responsibility of Applicants for Promoting Objectivity in Research for Which  PHS Funding is Sought) (“FCOI Regulations”) to promote objectivity in research by  establishing standards that provide a reasonable expectation that the design, conduct, and  reporting of research funded under PHS grants or cooperative agreements will be free  from bias resulting from investigator financial conflicts of interest. The FCOI Regulations  are applicable to institutions that apply for or receive PHS1 grants or cooperative  agreements for research and to each investigator (as defined below) planning to  participate in or participating in such research. This policy (the “FCOI Policy”) is  implemented to fulfill Celldom’ obligation under the FCOI Regulations to maintain an up-to date, written, enforced policy and process on investigator conflicts of interest.

The Signing Official is the person responsible for the procedures under this FCOI Policy  but may designate one or more individuals to assist in any or all of these responsibilities  and/or may delegate any or all of these responsibilities to one or more individuals.

A. Researchers Covered and Financial Interests That Must Be Disclosed

All “investigators” planning to or participating in PHS-funded “research” are required to  disclose to Celldom, Inc. his/her known “significant financial interests” (and those of his/her  spouse and dependent children) that reasonably appear to be related to the investigator’s  “institutional responsibilities”.

  • The term “investigator” means the project director or principal investigator and any  other person, regardless of title or position, who is responsible for the design,  conduct, or reporting of research funded by the PHS, or proposed for such funding,  which may include, for example, collaborators or consultants.

  • The term “research” means a systematic investigation, study or experiment  designed to develop or contribute to generalizable knowledge relating broadly to  public health, including behavioral and social-sciences research. The term  encompasses basic and applied research (e.g., a published article, book or book  chapter) and product development (e.g., a diagnostic test or drug). The term includes any such activity for which research funding is available from a PHS  Awarding Component2 through a grant or cooperative agreement.

  • The term “institutional responsibilities” means an investigator’s professional  responsibilities on behalf of Celldom, including research, research consultation,  clinical or other professional practice, participation in scholarly events, institutional  committee memberships; and service on panels such as Institutional Review  Boards or Data and Safety Monitoring Boards.

  • The term “significant financial interest” means a financial interest – defined as  anything of monetary value, whether or not readily ascertainable – consisting of one  or more of the following interests of the investigator (and those of the investigator’s  spouse and dependent children) that reasonably appears to be related to the  investigator’s institutional responsibilities.

Publicly Traded Entities – With regard to any publicly traded entity, a significant financial  interest exists if the value of any remuneration received from the 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. For purposes of this definition,  remuneration includes salary and any payment for services not otherwise identified as  salary (e.g., consulting fees, honoraria, paid authorship); equity interest includes any  stock, stock option, or other ownership interest, as determined through reference to public  prices or other reasonable measures of fair market value.

Privately Held Entities – With regard to any non-publicly traded entity, a significant financial  interest exists if the value of any remuneration received from the entity in the twelve  months preceding the disclosure, when aggregated, exceeds $5,000, or when the  investigator (or the investigator’s spouse and dependent children) holds any equity interest  (e.g., stock, stock option or other ownership interest).

Intellectual Property – Intellectual property rights and interests (e.g., patents, copyrights),  must be disclosed upon receipt of income (e.g., royalties) related to such rights and  interests. The filing of any patent application also should be disclosed.

Travel Expenses – Investigators also must disclose the occurrence of any reimbursed or  sponsored travel (i.e., that which is paid on behalf of the investigator and not reimbursed to  the investigator so that the exact monetary value may not be readily available) related to  their institutional responsibilities in the twelve months preceding the disclosure if the value  of such travel, when aggregated from all sources, exceeds $5,000; provided, however,  that this disclosure requirement does not apply to travel that is reimbursed or 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. Disclosures relating to travel expenses must specify at a minimum the purpose and duration of the trip,  the identity of the sponsor/organizer and the destination.

Not included are the following types of financial interests: salary, royalties or other  remuneration paid by Celldom to the investigator if the investigator is currently employed  or otherwise appointed by Celldom, including intellectual property rights assigned to  Celldom and agreements to share in royalties related to such rights; 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; and  income from seminars, lectures or teaching engagements sponsored by, and 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.

B. Mandatory Investigator Training Requirements

The Signing Official is responsible for ensuring that each investigator is informed about (i)  this FCOI Policy, (ii) the investigator’s responsibilities regarding disclosure of significant  financial interests relating to the investigator’s institutional responsibilities and (iii) the FCOI  Regulations.

The Signing Official shall ensure that each investigator completes training regarding items  (i)–(iii) prior to engaging in research related to any PHS-funded grant or cooperative  agreement, immediately upon being hired and at least every four (4) years. Investigators  are required to complete the FCOI training module prior to engaged in PHS-supported  research at least every four years, and immediately under the designated circumstances:  (1) Celldom FCOI policies change in a manner that affects investigator requirements, (2)  an investigator is new to Celldom, or (3) Celldom finds an investigator noncompliant with  Celldom’s FCOI policy.

https://grants.nih.gov/grants/policy/coi/tutorial2018/story_html5.html

The Signing Official also shall ensure that each investigator completes training  immediately when any of the following applies: (1) this FCOI Policy or procedures are  revised in any manner that affects the requirements of the investigators or (2) Celldom finds that an investigator is not in compliance with this FCOI Policy or a management plan.

“Immediately” shall mean the training is provided or made accessible and the investigators  participate in the training expeditiously following the event that triggers the training  requirement.

C. Disclosure Requirements

Prior to submission to PHS of an application for a research grant, the principal investigator  shall identify to the Signing Official (1) all investigators (as defined above) anticipated to be  participating in the research, (2) those who are senior/key personnel (as defined below)  and (3) those who are subrecipients and the institution(s) employing them.

The term “senior/key personnel” means the project director or principal investigator and  any other person identified as senior/key personnel in the grant application, progress  report or any other report submitted to the PHS.

Also prior to submission of the application, the Signing Official shall ensure that each  investigator submits a listing of his/her known significant financial interests (as described  above) and those of his/her spouse and dependent children that reasonably appear to be  related to the investigator’s institutional responsibilities, if any. In accordance with Section  H, the Signing Official shall ensure that subrecipient investigators either comply with this  FCOI Policy or that their institution(s) provides assurances to enable Celldom to fulfill the  requirements of this FCOI Policy. In either case, the Signing Official shall ensure that the  proper documentation as required under the FCOI Regulations is executed, also in  accordance with Section H. Disclosure forms will be made available by Celldom General  Counsel.

All disclosures must be updated annually during the period of the award or within 30 days  of discovering or acquiring (e.g., through purchase, marriage, inheritance or expansion of  responsibilities) a new significant financial interest. The Signing Official shall ensure that  annual update forms are sent to and promptly returned by each investigator. (One annual  disclosure is sufficient to cover all ongoing PHS awards.) Each investigator is responsible  for submitting disclosure forms within 30 days of discovering or acquiring a new significant  financial interest. Disclosures shall be provided by an investigator at any other time upon  request.

D. Review of Disclosures and Monitoring and Reporting FCOI

The Signing Official shall be responsible for reviewing all forms disclosing a significant  financial interest, making the requisite determinations and taking any subsequent action.

Prior to the expenditure of funds or, with respect to an ongoing PHS-funded project, within  60 days of the disclosure or discovery of a significant financial interest, the Signing Official  shall:

(1) review all disclosure forms and determine whether (a) an investigator’s significant  financial interest is related to PHS-funded research and (b) if so related, whether the  significant financial interest is a financial conflict of interest (FCOI); and

(2) in the case of a FCOI, develop and implement a management plan specifying actions  that have been and shall be taken to manage the FCOI; and

(3) submit initial and ongoing FCOI reports to the PHS Awarding Component as required  under the FCOI Regulations [§50.605(b)(3), (4)].

An investigator’s significant financial interest is related to PHS-funded research when the  Signing Official reasonably determines that the significant financial interest could be  affected by the PHS-funded research or is in an entity whose financial interest could be  affected by the research. In determining whether an investigator’s significant financial  interest is related to PHS-funded research the Signing Official will consider all relevant  factors and information, including but not limited to whether there is an ongoing  relationship between the investigator and the payer.

A financial conflict of interest (FCOI) exists when the Signing Official reasonably  determines that the significant financial interest could directly and significantly affect the  design, conduct, or reporting of the PHS-funded research. In determining whether there is  an FCOI, the Signing Official will consider all relevant factors and information, including but  not limited to the nature of the research, the magnitude of the financial interest and degree  to which it is related to the research, the extent to which the interest could be directly and  substantially impacted by the research, and the degree of risk to the human subjects, if  any, that is inherent in the research protocol.

Prior to making the decision whether an FCOI exists, the Signing Official may impose  interim measures, may ask the investigator to submit additional information and may meet  or communicate with the investigator. The investigator may be encouraged to suggest  procedures, protocols, or other measures designed to manage the FCOI.

“Manage” means taking action to address an FCOI, which can include reducing or  eliminating the financial conflict of interest to ensure, to the extent possible, that the  design, conduct and reporting of research will be free from bias.

Examples of conditions or restrictions that might be imposed to manage an FCOI include,  but are not limited to:

  1. Public disclosure of financial conflicts of interest (e.g., when presenting or  publishing the research);

  2. For research involving human subjects, disclosure of financial conflicts to research  participants;

  3. Monitoring of the research by independent reviewers;

  4. Modification of the research plan;

  5. Change of personnel or personnel responsibilities or disqualification from  participation in all or a portion of the research;

  6. Reduction or elimination of the financial interest; and/or

  7. Severance of relationships that create such conflicts.

For all management plans, the Signing Official shall (1) monitor ongoing investigator  compliance and (2) submit annual updates to the PHS Awarding Component at the time  and in the manner specified by the PHS Awarding Component, both until the completion of  the PHS-funded research project to which the FCOI relates.

With respect to FCOI related to research sponsored by NIH, annual FCOI reports will be  submitted through the eRA Commons FCOI Module for the duration of the project period  (including extensions with or without funds) at the same time annual progress reports are  required to be submitted and at the time of extension (if any).

If the FCOI is identified and eliminated prior to the expenditure of any PHS-awarded funds,  no FCOI report need be submitted.

E. Noncompliance and Remedies

If an investigator has failed to comply with a management plan or, for whatever reason, an  FCOI is one that was not identified, reviewed or managed in a timely manner, the Signing  Official shall (in addition to the steps required in Section D above), within 120 days of the  determination of noncompliance, conduct a retrospective review of the investigator’s  activities and the research project to determine whether any PHS-funded research or  portion thereof conducted during the period of noncompliance was biased in design,  conduct or reporting. The review shall be documented consistent with the FCOI  Regulations [§60.605(a)(3)(ii)(B)]. If bias is found during the course of the review, the  Signing Official will promptly notify the PHS Awarding Component (which may take its own  action and/or require further action by Celldom and/or the investigator, as it deems  appropriate) and submit a mitigation report consistent with the FCOI Regulations  [§60.605(a)(3)(iii)]. If appropriate, the Signing Official will update the previously submitted  FCOI report. In any event, the Signing Official shall submit FCOI reports annually  thereafter.

For clinical research projects supported by the PHS, if the Department of Health and  Human Services determines that a PHS- funded project of clinical research whose  purpose is to evaluate the safety or effectiveness of a drug, medical device or treatment  was designed, conducted, or reported by an investigator with an FCOI that was not  properly disclosed or managed as required under the FCOI Regulations, the investigator  shall disclose the FCOI in each public presentation of the results of the research (such as  articles, manuscripts and oral presentations) and Celldom shall request an addendum to  previously published presentations.

F. Maintenance of Records

The Signing Official shall maintain all disclosure forms and related records of  determinations made and actions taken for a period of three years from the date of  submission of the final expenditures report to the PHS (or, where applicable, from other  dates specified in 45 CFR 74.53(b)).

G. Enforcement Mechanism and Sanctions

All researchers to whom this FCOI Policy applies are expected to fully and promptly  comply with it. The Signing Official may impose sanctions for noncompliance which may  include, but is not limited to, the following:

  • Failure to make timely, full or accurate disclosures;

  • Failure to provide information requested;

  • Failure to update a disclosure form as necessary; or

  • Failure to comply with a management plan.

For Celldom employees, sanctions may include suspension or dismissal, denial of  eligibility to engage in the research at issue or other appropriate penalties. Such sanctions  may require giving notice of relevant information to funding agencies, professional bodies or journals, or the public. The Signing Official will determine what sanctions, if any, are to  be applied.

I. Public Accessibility Requirements

This FCOI Policy will be posted on Celldom’ publicly accessible website, as required by  the FCOI Regulations.

Prior to expending any funds under a PHS-funded grant or cooperative agreement,  Celldom shall ensure public accessibility to information concerning an FCOI held by a senior/key personnel member by providing a written response to any written request, such  response to be postmarked or dated (if replying by electronic means) within five (5)  business days of the receipt of the written request. Such information shall consist of that  required to be provided under the FCOI Regulations [§50.605(a)(5)(ii), (iii)], shall be  updated at least annually and within 60 days of the receipt or identification of information  concerning an additional significant financial interest, and shall remain available for three  years from the date the information was most recently updated.

J. Additional Information

Celldom may be asked to provide records related to this FCOI Policy, including disclosure  forms, to the Department of Health and Human Services or other federal agencies or  entities. Celldom will provide the requested information and make any other disclosures  necessary to comply with this FCOI Policy or as required by law. Such records may be  requested and provided whether or not the disclosure resulted in a determination that an  FCOI existed.