[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR94.5]



[Page 480]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 94_RESPONSIBLE PROSPECTIVE CONTRACTORS--Table of Contents

 

Sec.  94.5  Management of conflicting interests.



    (a) The designated official(s) must: Review all financial 

disclosures; and determine whether a conflict of interest exists, and is 

so, what actions should be taken by the institution to manage, reduce, 

or eliminate such conflict of interest. A conflict of interest exists 

when the designated official(s) reasonably determines that a Significant 

Financial Interest could directly and significantly affect the design, 

conduct, or reporting of the PHS-funded research. Examples of conditions 

or restrictions that might be imposed to manage conflicts of interest 

include, but are not limited to:

    (1) Public disclosure of significant financial interests;

    (2) Monitoring of the research by independent reviewers;

    (3) Modification of the research plan;

    (4) Disqualification from participation in all or a portion of the 

research funded by the PHS;

    (5) Divestiture of significant financial interests, or;

    (6) Severance of relationships that create actual or potential 

conflicts.

    (b) In addition to the types of conflicting financial interests 

described in this paragraph that must be managed, reduced, or 

eliminated, an Institution may require the management of other 

conflicting financial interests, as the Institution deems appropriate.



[60 FR 35817, July 11, 1995; 60 FR 39077, July 31, 1995]