Outside Work for Compensation

To understand the process for Outside work compensation:  
http://www.washington.edu/research/topics/outside-work/

Policies

Academic Human Resources Policy
http://ap.washington.edu/ahr/resources/responsibilities/outside-professional-work-for-compensation/
School of Medicine Policy
https://depts.washington.edu/uwsom/compliance/outside-work

To request authorization for outside professional work for compensation:

Fill out both the approval request form as well as the SOM supplement form. Have them both signed by the chair and sent to the Dean's Office for approval. Make sure to keep a copy for your records.
Request for approval of outside professional work for compensation and supplemental form (both forms must be completed)

1. http://www.washington.edu/research/topics/outside-work/

2. http://www.uwmedicine.org/about/Documents/SoM-Supplement-to-Request-for-Approval.pdf

Frequently Asked Questions

PROCESS

Where can I get a Request for Approval for Outside Professional Work for Compensation?
Request for Approval of Outside Professional Work for Compensation form

Can I submit one Request for Approval for an ongoing consulting relationship I have with an organization?
You may submit one form for each academic year (July 1 – June 30) and provide the number of total days for the academic year, as well as total compensation expected on the SoM Supplement.

How long will it take to review my Request for Approval?  How early should I submit the form before my consulting activity begins?
You should submit your form as soon as possible because your request needs to be reviewed by both the SoM Dean’s Office and the UW Office of Research.  Review may take as long as 8 weeks, depending on the complexity of the form and the time of year.

Should I send in a Request for Approval for a consulting activity that I have already performed and been paid for?
Yes.  Ideally the form should be submitted for approval PRIOR to beginning the work, but we understand this does not always happen.  The form should be completed as close in time to the activity as possible

Who is required to submit Requests for Approval?  Are all UW faculty members required to do this?
The UW Policy for Outside Professional Work for Compensation does apply to "members of the faculty, librarians, and other academic personnel" regardless of the funding source supporting their position.
Members of the UW faculty are defined in the Faculty Code in the UW Policy Directory:
Section 21-31   Membership in the Faculty
The University faculty consists of: the president, the vice presidents,    professors, associate professors, assistant professors, instructors, teaching and research associates, principal lecturers, senior lecturers, senior artists in residence, lecturers, and  artists in residence, whether serving under visiting, acting, research, clinical, or affiliate appointment, whether serving part-time or full-time, and whether serving in an active or emeritus capacity.
Section 13-31, April 16, 1956; S-A 29, June 8, 1964, S-A 32, May 8, 1967, S-A 78, December 14, 1988: all with Presidential approval; RC, February 1, 2008.

Is there a limit as to how much time I can spend performing outside work?
Yes. 13 calendar days per academic quarter, which with prior approval, may be averaged across quarters of an academic year, provided that no outside consulting work will be approved that impairs the employee’s ability to carry out regularly scheduled teaching or other work assignments or to complete the terms of grants and contracts.

COMPENSATION

Is there a limit as to how much compensation I can receive for outside consulting activities?
Payment should be commensurate with the amount of time and effort spent on the activity and should be fair market value.  The SoM has an internal review process for situations in which there is an initial determination that the fair market value standard is not met.

Do I need to submit a Request for Approval if a company pays for my personal travel expenses to participate in an outside activity?
Yes, the payment of travel expenses is considered remuneration and must be reported on the SoM Supplement.

What happens if my Request for Approval is not approved?
A 1460 is rarely “not approved.”  The Director of Regulatory Guidance will work with the faculty member, the Department and the Office of Research to amend the request so that it will work within the confines of the University policies and regulations.

TYPES OF OUTSIDE WORK

Are Requests for Approval required for CME activities?
If you are participating in continuing education activities not under the aegis of the University of Washington, prior approval for such activities must be sought in accordance with the Outside Work Policy procedure.

If my outside consulting activities involve University of Washington patients, can I receive compensation?
No. Any work involving UW patients, such as medico-legal consulting, should be billed through the appropriate practice plan.  More information, including FAQs regarding expert witness work, can be found here.

Can I do clinical work as outside work?
In general, full-time faculty (50% or greater total FTE) who are members of UWP or CUMG are not permitted to engage in Independent Clinical Practice, as defined by the Sites of Practice Policy. Members of UWP or CUMG who are part-time (less than 50% total FTE) are permitted to engage in Independent Clinical Practice as approved by the member’s department chair and the Outside Work process.
More information can be found in the Committee on Medical Practice Initiatives and Sites of Practice Policy on Approval for Clinical Practice

Can I teach a course at another institution? What if it is for undergraduate students? What about online courses?
Faculty may not duplicate their efforts outside of the UW. This includes teaching, research and clinical work (see above regarding clinical work).  Full time faculty may not teach for credit classes at other institutions of higher education, even if they do not currently teach at the UW.  This includes undergraduate courses and online courses.  Faculty who wish to teach credit courses must reduce their appointment before receiving approval for the outside work.
See also Office of Research Outside Work FAQs on general UW requirements. 

SPEAKERS’ BUREAUS

Why does the revised UW SoM Policy on Potential Financial Conflicts of Interest with Commercial or Non-Profit Entities no longer permit SoM faculty to participate on a commercial entity’s speakers bureau?
The SoM Conflict of Interest (COI) subcommittee felt strongly that whenever SoM faculty present at programs designed solely or predominantly for company promotional, sales or marketing purposes, the faculty participation, even though compliant with the fair market value standard, created a real and inappropriate conflict of interest situation. The COI subcommittee also reviewed the policies of peer medical schools across the country and found that several institutions contain a similar prohibition.

Does the prohibition on participating on a speakers bureau apply even if the speech given is about the science relating to a disease or condition as opposed to one that directly advocates for the company's product?
Yes, the conflict of interest starts with the presence of a faculty member’s name in a company's list of individuals maintained by the company ("Speakers Bureau"). The implication to the public if a faculty member’s name appears on that list is that he or she directly or indirectly "works for the company'' or/and that faculty member’s role is to advance the interests of the company.

Does the prohibition on participating on a speaker's bureau apply if the speaker retains control of the content of the presentation and/or any slides that may accompany the presentation?
Yes, it is in fact the willingness to participate in a Speakers Bureau – to be named on a list maintained by a company that leads to the perception of promoting a company's product or service. This perception is present regardless of whom is responsible for the content of the presentation.

Does the prohibition apply if the activity is not called a "speakers’ bureau''?
Yes, the prohibition applies to participation as a speaker, panelist,
presenter, or commentator in any activity or event funded, directly or indirectly, by a commercial entity, where the event is, or may be perceived to be, a promotional event for the sponsoring organization and/or its products or services.

I have been invited to give a talk at a symposium that is being sponsored by a drug or device company. The symposium has received the funding and I was asked by the symposium steering committee to participate and they will pay my travel, accommodations and an honorarium for my participation. I am not receiving money from the company. Is this allowed?
Under the current COI policy, as long as the symposium meets the standards for a CME activity (industry does not pick the speakers, control the content, etc.), participation in the symposium is permitted. The revisions to the policy do not prohibit or change this. However, you must still comply with and seek approval pursuant to the University's outside work policy.

I have been invited to speak at Grand Rounds by a peer institution where the invited speakers are paid directly by a pharmaceutical company for speaking, yet the company has no influence in terms of content. Is this allowed?
So long as the Grand Rounds meets the standards for a CME activity, and neither is, nor is perceived to be, a promotional event for a company and/or its products or services, compensation directly by the company is not prohibited. However, please be aware that such direct payment is not considered best practice, may need to be disclosed under the University rules related to conflict of interest in research (GIM 1 0), and will be publicly disclosed by the company (pharmaceutical or device manufacturer) under the Open Payments Act. See CMS Website for Physician Payments Sunshine Act.

I already have an approved (through the outside compensation process) speaking arrangement that is expected to continue through the 2013 academic year. Do I have to end this arrangement immediately?
If you can end the arrangement without undue burden to yourself or the outside company that would be the best course. However, you are entitled to fulfill the terms of the existing arrangement but it may not be renewed or extended.

If I am asked my opinion about a drug or device that I use in my clinical practice during a panel discussion or at a conference am I no longer allowed to give my opinion?
You are free to give your opinion on the effectiveness of any product or device. You may not do it as part of any program put on by the manufacturer for the intention of promotion of the product or device.

My work has led to the invention or further improvement of a product or device. Am I allowed to give my opinion of the effectiveness of that product or device?
In the context of your University employment, you may give your opinion if asked, for example by a UW Medicine purchasing committee, but you must disclose your financial interest in the product and recuse yourself from any purchasing decision. There may also be limited circumstances where you may appear on behalf of industry as indicated in the policy, including in situations where you have a financial interest in the product and are doing approved outside work involving that product.

Does the COI policy apply to unpaid clinical faculty members who teach residents in their practice at a WWAMI site?
The existing policy applies specifically to faculty employed by the
University and its close affiliates. All faculty not otherwise covered are currently encouraged to follow the intent of the policy and its guidelines. However, the new prohibitions on speaker bureau participation and commercial product endorsement will apply to all (paid and unpaid) faculty.