Conflict of Interest Policy

MOKSACVPR Bylaws Article – Eligibility

  1. Board members and officers must maintain Regular Member status to be elected and serve. A change in membership status shall automatically disqualify an incumbent from holding elective office.
  2. There shall be no requirement as to the place of residence of any Board members or officers.
  3. Members of the board may not be employed by an entity which provides products to health care facilities or health care professionals.

Conflict of Interest Policy and Disclosure Form

Article I

Purpose

The purpose of the conflict of interest policy is to protect the interests of the Missouri-Kansas Association of Cardiovascular and Pulmonary Rehabilitation, (“MOKSACVPR”), when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a volunteer in a position to influence a decision of MOKSACVPR. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit organizations.

Article II

Definitions

1. Interested Person

Any director, officer, or member of a committee or task group specified by the board of directors as covered by this policy, who has a direct or indirect financial interest, as defined below, is an interested person.

2. Personal or Financial Interest

An interested person has a personal interest if the person has, directly or indirectly, through himself or herself or through household family (first degree relatives), an interest or relationship which may present the person from acting in the best interests of MOKSACVPR.  An interested person has a financial interest if the person has, directly or indirectly, through business, investment, or family:

  1. An ownership or investment interest in any entity with which MOKSACVPR has a transaction or arrangement,
  2. A payment  arrangement with any entity or individual with which MOKSACVPR has a transaction or arrangement, or
  3. A proposed ownership or investment interest in, or compensation arrangement with, any entity or individual with which MOKSACVPR is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. 
  4. Benefits from competition against MOKSACVPR programs, products, or mission, or other inappropriate in-kind benefits

A personal or financial interest is not necessarily a conflict of interest. Under Article V, a person who has a personal or financial interest may have a conflict of interest only if the appropriate governing board, committee or task group decides that a conflict of interest exists.

3. Timeframe

The MOKSACVPR requires the disclosure of all personal or financial interests with industry or other entities for the past 36 months. In addition, if relevant relationships are added after initial disclosure, this information must be verbally disclosed during any meetings, as well as added to the volunteer’s signed agreement.

Article III

Writing and Review Groups

For those involved in the writing effort (i.e., authors, external peer reviewers, Document Oversight Committee and writing task force members), the MOKSACVPR requires the disclosure of all relationships with industry and other entities involved in the production, marketing, distribution or reselling of healthcare goods, services, advice or information consumed by patients, investors and/or healthcare providers. This may include relationships with government entities as well as not-for-profit institutions and organizations.

Disclosure of relationship with industry or other entities does not necessarily preclude an individual from participating in the group. When relationships are disclosed and managed appropriately, the MOKSACVPR believes potential bias can be avoided in the final document. Individuals must follow procedures as outlined in Article V and the body will determine if the relationship hinders the integrity of the document. All committee members, even those with disclosed relationships, may participate in all discussions but may not vote on recommendations if a conflict exists and directly applies to the content. Individuals may not serve as chair or lead the writing group if the conflict directly applies to the material of the paper.

Article IV

Procedures

  1. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the personal or financial interest and be given the opportunity to disclose all material facts to the directors or members of the committee or task group considering the proposed transaction or arrangement.
  2. The remaining board, committee or task group members shall decide if a conflict of interest exists.  All decisions on conflict of interest are subject to being overruled by the board of directors but shall be effective until and unless they are overturned.
  3. After disclosure of the personal or financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the board, committee or task group meeting while the determination of a conflict of interest is discussed and he/she shall refrain from voting.
  4. Signed conflict of interest disclosure forms will be kept at MOKSACVPR Headquarters. The collection process will be managed by staff.

Article V

Disclosures

Please describe below any personal financial interests with industry or other entities, as described above, which currently form an actual or potential financial or interest with respect to your service to the Missouri-Kansas Association of Cardiovascular and Pulmonary Rehabilitation.  Please include service as a leader or volunteer for other non-profits in the healthcare area.

Signed:

Print Name:

Date:

CHDS01 950306v1