Academic Medical Centers and Teaching Hospitals Institute - “Case Studies in Faculty Consulting–Legal Issues and Policy Choices”
30 January 2020
Crystal City Gateway Marriott
United States of America
Rebecca M. Schaefer
Academic medical centers (AMC) recognize that their faculty are often regionally, nationally, and internationally renowned for their expertise in various disciplines and the biotechnology industry therefore seeks to engage them in a variety of consulting activities that rely upon their specialized professional knowledge, experience, and abilities (e.g. speaking engagements, clinical trial design, advisory boards, educational presentations to employees, and training to other providers on a particular company’s products). There is a growing trend in faculty physicians requesting that opportunities first presented to them personally be structured as agreements between their institution and the industry partner. AMCs report struggling with where to draw the line. When current policy permits the physician to drive the choice of an institutional contracting approach without guardrails defining appropriate and worthwhile consulting, and absent institutional measures to locally align risk/burden with the physician’s unit, these externalities can accrue undue liability for the entity. Current policies at many AMCs allow for these activities to be performed either as external professional activities of the physician or pursuant to institutional contracts that the physician staffs. The latter requires institutional resources to support and entails the institution bearing certain legal risk.
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