Tighter ethics rules take effect at NIH

Final guidelines are less stringent than those proposed in February.

The National Institutes of Health on Tuesday implemented ethics rules aimed at helping senior scientists avoid conflicts of interest.

The final rules, scheduled to be published in the Federal Register on Wednesday, are not as strict as interim regulations released in February. Under the final regulations, NIH scientists are allowed to teach, speak, write or edit for trade or professional associations and be compensated for the work.

"With prior approval, you may, for instance, serve as an officer or board member of a related trade, professional or similar association," a question-and-answer section on the NIH Web site states. The rules still prohibit scientists from accepting consulting or other work at pharmaceutical or biotechnology companies, research institutions supported by NIH grants, and health care insurers or providers.

"We have a balanced set of conflict-of-interest rules that protect the integrity of NIH and its ability to provide the American public with an unbiased and trusted source of scientific and health information, while preserving our ability to recruit and retain world-class scientists and staff," said NIH Director Elias Zerhouni in a statement.

The final regulations also reduce the number of scientists required to divest holdings in companies or organizations that could present a conflict of interest. But the rules still require certain senior scientists, and their spouses and children under 18, to divest holdings of more than $15,000 in any one conflicting company, or aggregate holdings of more than $50,000 in such companies.

The rules, which respond to concerns from lawmakers, also place limits on the monetary awards that NIH employees can accept. They allow scientists to "accept gifts associated with bona fide awards for meritorious achievement."

Awards must be approved through a screening process. "If the source of the award can be affected by the employee's duties or those of any subordinates, gifts valued in excess of $200 may not be accepted."

Employees found to have violated the rules will be subject to penalties ranging from a reprimand to loss of their job, depending on the severity of the infraction.

The regulations were developed by the Health and Human Services Department, of which NIH is a part, and the Office of Government Ethics, an independent agency that works to prevent conflicts of interest for executive branch employees. NIH officials plan to hold "extensive training sessions with staff over the coming months," according to the statement announcing the final rules.

If employees have questions about the final rules, they should refer to the NIH Web site or the Office of Government Ethics, said Don Robusky, an NIH spokesman.