Financial Conflict of Interest Policy
All investigators of the AMC are asked to inform Research Grant Support (RGS) when applying for NIH research funding and at least three months prior to any online submission to the NIH. All investigator will be asked to get in touch with the Legal Research Support office for a feasibility assessment prior to submit the proposal to the NIH.
By applying for or participating in NIH research funding activities, AMC, and on behalf of the institution each investigator involved, is subject to Public Health Services (PHS) regulation 42 CFR 50 Subpart F “Promoting objectivity in research”.
The rules and procedures to be followed, in case of Financial conflict of interest are described further on this page.
Institutional policy on financial conflicts of interest (FCOI) related to NIH-funded research at the AMC:
An application of Regulation 42 CFR 50 Subpart F, AMC maintains a policy on Outside activities, as defined in the Article 9.3. of the collective labour agreement for university medical centres (CAO UMC) in the Netherlands. The CAO UMC is formally a public-law employment status regulation.
The terms of the CAO apply for all employees of the AMC to the extent that they are employed by virtue of a letter of appointment or a contract of employment, unless otherwise agreed between the governing board and the unions in the LOAZ (National Consultative Committee of University Hospitals and the Unions).
Article 9.3 Outside activities (Collective labour agreement for university medical centres in the Netherlands 2018-2020):
Employees do not require the prior consent of the employer for the acceptance or performance of outside activities, unless those outside activities could affect the interests of the UMC and/or the proper performance of their job.
The employer shall grant permission for outside activities if in its opinion the performance of those outside activities cannot damage the interests of the UMC and/or affect the proper performance of the job. If it is in the interests of the UMC, the employer may agree to allow employees to perform their outside activities wholly or partially during their working hours.
- The employer shall grant permission for a fixed period or for an indefinite period and may attach further conditions to its consent. The employer may stipulate the condition that the employee must pay all or part of the income that he earns from outside activities to the employer. This condition may be stipulated for income that exceeds €2,200 a year and is earned from activities that follow from the employee’s job at the UMC.
- The employer may withdraw the permission that has been granted if it considers that circumstances under which the permission was granted have changed.
- In the case that the employee is performing or has performed outside activities without the permission required by virtue of the first paragraph, the employer shall still give the employee the opportunity to request the necessary permission. If the permission is not granted, the employer may, without prejudice to the provisions of Article 11.1 (dereliction of duty) instruct the employee to cease the activities and/or pay the income earned to the employer.
In consultation with the works council, the employer may lay down further rules for the administrative implementation of the provisions of this article.
In brief, every Investigator at AMC, applying for or involved in NIH-funded research, is subject to the Public Health Service’s (PHS) Financial Conflict of Interest (FCOI) regulation (42 CFR Part 50 Subpart F) and as an employee of AMC abides to the regulations stated in the Article 9.3 on Outside activities, of the formally agreed collective labour agreement for the university medical centres (CAO UMC) in the Netherlands 2018-2020.
In addition, to foster scientific integrity the institution has a Research Code that applies to all investigators of AMC. Chapter 11 on Conflicts of interests highlights the abovementioned framework and the procedures for reporting on outside activities.
Within the given framework, every investigator will disclose his/her financial interests related directly to the NIH-funded project. This should be done using the digital personal directory: ‘MijnHR’ to register outside activities (in Dutch: Nevenwerkzaamheden AMC), the link is provided in the intranet portal of the AMC. This registration enforces the article 9.3 of the UMC- Collective Labour Agreement (CAO).
Next to this, investigators are required to take a web-based NIH tutorial on financial conflict of interest prior to the beginning of a project:
An electronic copy of the tutorial’s certificate has to be sent to Research Grant Support at firstname.lastname@example.org.
If a Financial Conflict of Interest has been identified, proper measures will be taken to mitigate the conflict of interest, as described in the collective labour agreement for university medical centres in the Netherlands, Article 9.3.