Web edition: April 28, 2009
Observed Institute of Medicine president Harvey Fineberg, this morning: every week seems to bring more news accounts citing a breach of medical ethics — “some problem of a conflict of interest, some failure to reveal a financial relationship between a clinician or a researcher and [a] company, some failure to divulge negative research results.”
Such bias — real or just implied — is hardly new, he acknowledges, but seems to appear with ever-increasing frequency. These cases certainly have prompted substantial attention beyond the curiosity of investigative reporters — i.e. within medical associations, academic boards, even the halls of Congress, Fineberg noted. So his organization decided to explore what could be done to divorce the conduct of medicine and medical training from influence by drug companies and other interest groups.
Today, the Institute of Medicine of the National Academies released a 392-page report of its findings. On hand to explain and field questions about its contents were three of the 17 experts who put together the new report. And one rather distressing finding offered up by panelist Eric Campbell of Massachusetts General Hospital and Harvard Med School is how insidious industry’s tie to medicine has become.
“Relationships between physicians, researchers and drug companies are ubiquitous in every aspect of medical education, medical research and patient care,” Campbell says. It’s hard to find other fields "in which relationships with [industry] are so pervasive.” His own research from about a decade ago — and cited in the new report — found that 43 percent of scientists in the 50 most research intensive universities reported having received gifts from industry in the previous three years.
A decade-old study coauthored by another of the panel’s authors, Lisa Bero of the University of California, San Francisco, was also cited in the report. It found that some eight percent of principal investigators in UCSF medical studies reported personal financial ties to the organization that had funded their research. Some took speaking fees, others consulted, served as paid scientific advisers or held stock in a firm.
Such relationships can — indeed have — led to biased reporting of research data. And the new Institute of Medicine report offers several disturbing examples. Like when the manufacturer of an implantable heart defibrillator “failed to report critical, potentially fatal design defects for more than three years.” Or when the maker of a blood substitute shut down a clinical trial — and then sat on its data for five years; those data “showed significant increases in the rates of mortality and heart attacks in the group receiving the experimental intervention,” the report notes.
Baseball umpires don’t dine with or travel to spring training with players from the New York Yankees, says Campbell. Judges don’t dine with attorneys that bring cases to their courts. Indeed, he contends, the tie between medicine and the industry that makes most of the drugs and devices on which physicians depend appears “unique.”
So the committee asks the medical establishment to consider how to prevent unholy alliances. And where links of a potentially questionable nature have developed, the report offers tips on how and to whom notification of these links should be forwarded.
But the report's principal recommendation is that medicine and Big Pharma obtain a divorce — preferably an amicable separation, but at least a full severing of improper ties. And it offers suggestions on how to do that.
For instance, “We call on physicians, no matter where they practice, not to accept gifts from drug companies, to decline participation in presentations or publications whose content is controlled by industry, and to limit their use of drug samples and interactions with drug representatives,” noted Bernard Lo of UCSF. This medical ethicist chaired the panel that drafted the new report.
Among his panel's other notable recommendations:
1) Congress should require that pharmaceutical, device and biotechnology companies report on some public website all payments they make to physicians, researchers and medical organizations. "Such a public record would deter inappropriate relationships,” Lo said, and help medical institutions, publishers and others verify that physicians and researchers who do work for them have disclosed all real or potential conflicts of interest.
2) Medical centers and other research institutions should establish a policy prohibiting human trials if the researchers "have a significant financial interest in an existing or potential product or a company that could be affected by the outcome of the research." Any exceptions should be made public and allowed if only if no unbiased researchers can be found. And even then, the report said, a mechanism must exist to make data on the potential bias publicly available.
3) Research centers and hospitals should prohibit faculty, students, residents and medical fellows from: accepting “items of material value” from industry; giving presentations or writing papers where content is controlled by industry or “written by someone who is not identified as an author or who is not properly acknowledged;” consulting without a written contract and receiving payment at “fair market value" for services; using or distributing drug samples provided by industry “except in specified situations for patients who lack financial access to medications.”
4) Most state licensing boards, medical-specialty boards and hospitals require that physicians commit to lifelong learning. Indeed, participation in continuing medical education, or CME, courses can be essential for a doctor to remain licensed or certified. The new report finds that industry provides roughly 25 percent of the funding to run CME courses offered by professional societies, more than half of the costs to medical schools for CME courses and almost 75 percent of the costs incurred by outside commercial groups who offer CME courses. That’s got to change, the IOM panel argues. Indeed, Lo says, “the goal would be to have a [CME] system . . . that is free of industry or industry influence.”
Drug companies aren’t likely to warm to these recommendations, which seek to put clinicians and other researchers at more than arm’s length — like maybe across town. And many docs are going to lament the good old days when they could count on free lunches (literally), free samples of drugs that they could send home with patients, and sometimes all-expenses-paid travel to Caribbean resorts or ski lodges to attend programs teaching them about new drugs or procedures.
Most journalists have been living by a similar conflict-of-interest-limiting credo for at least a half century. We don’t join organizations that have a vested interest in the issues we cover. We don’t let an outside interest group coauthor our stories or censor our reporting. We don’t accept free meals, much less airfare and accommodations, for an event where publication of a story is required.
The same way readers expect that our observations and reporting has not been “bought” by a vested interest, we all hope that important decisions about how physicians manage our medical care have not been bought by drug companies offering the priciest gift or most flashy junket.
I just hope the IOM report’s recommendations usher in a more data-driven era of medicine.
Citations
Lo, B. and M.J. Field, Editors. Conflict of Interest in Medical Research, Education, and Practice. Institute of Medicine: The National Academies, Washington, D.C. (April 28):392 pp.
Suggested Reading
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Web Special: Diabetes drug and conflicts of interest
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Ahem. They do, and from time to time they party with them. For instance: [Link was removed] ,30,01.htm
Not a bad idea, but it will not BEGIN to touch the PERVASIVE corruption in biosciences which occurs due to the need to get the next R01 grant.
2) Medical centers and other research institutions should establish a policy prohibiting human trials...
This ignores the incentives to fraud because of grantsmanship needs, which is for survival, not just getting rich. I think the amount of fraud because of grants is greater, because as Soros pointed out years ago, to have freedom one must have choices, and researchers dependent on their grant in their little area have no choices.
I also don't think this prohibition is at all realistic because it means the top researchers and institutions will be cut out of human trials work because they will be the patent holders. Additionally, anyone who thinks the younger, more vulnerable scientists who will wind up doing those trials won't be malleable to making deals is kidding themselves. That's a fantasy world.
Instead, transparency is what is needed. Don't change anything EXCEPT the requirement to disclose. Additionally, require that data for all human trials, the raw, unprocessed data (including info like blood draw dates and patient histories) by made publicly available for scrutiny - as the trial is taking place. Set some time period where other researchers are not allowed to publish based on that data after the close of the clinical trial, and then allow peer reviewed alternative publications.
Require that negative results of trials be published, with the same statistical rigor as expected for positive results. Negative trials matter, they matter a lot, because they can tell researchers way back in the pipeline things about the chemistry that are very important.
3) Research centers and hospitals should prohibit ...: accepting “items of material value” from industry;
Again, I think this is unrealistic. Instruments are loaned that are sometimes worth hundreds of thousands, even millions, which researchers cannot afford. Reps give away boxes of pipette tips and coffee mugs. In both cases what matters is disclosure, not the acceptance. Nobody is going to throw a study for a box of pipette tips. And it is doubtful they would throw a study for an equipment loan. But maybe someone else might be pressured by a chair or even a chancellor in return for something big, or a donation to the school. It becomes a ridiculous exercise in useless adherence to form. So just require disclosure.
And in the context of a medical culture where physicians at major universities have formed cabals to sell bodies of indigents for profit, and kept the money for themselves, we need to take responsibility for investigating matters away from the combinations of whitewash committees and campus police that keeps prosecutions from happening.
... giving presentations or writing papers where content is controlled by industry or “written by someone who is not identified as an author or who is not properly acknowledged;”
Absolutely! This practice has to go. It should be illegal, and grounds for automatic revocation of tenure - period.
... consulting without a written contract and receiving payment at “fair market value" for services;
Disclosure, yes. But let's get real. Anyone's first consulting gigs are done on the cheap. And it depends on what the consulting was. I actually think that consulting can be something that is anti-corruption because it provides researchers alternative income to the grant system. And a great deal of what I see in medical research that is problematic is because researchers don't have alternative ways to make money. So disclose and examine carefully, but don't shut consulting down just because it’s informal. Instead, require disclosure by the researcher.
We should also be realistic about the fact that illegal payments will continue to be made no matter what. The incentive is too large. The “risk premium” will rise, so the payments will rise. This means that we all need to be a bit sharper eyed, and careful in our examinations of colleague’s work.
...using or distributing drug samples provided by industry “except in specified situations for patients who lack financial access to medications.”
This idea is of no value I can see. First, samples from industry will be clean. There is an unacknowledged, but quite large problem with counterfeit medications coming through wholesale pharmaceutical channels. It is so bad that anyone who does a clinical trial who doesn't get drugs directly from the manufacturer or else have every box of drugs verified by mass spec is running a bad study. Second, I really don't understand this business of "patients who lack financial..." since most trials provide the drugs free of charge, and that's why patients sign up. Who are we kidding here?
4) Most state licensing boards, medical-specialty boards and hospitals ... and almost 75 percent of the costs incurred by outside commercial groups who offer CME courses. That’s got to change, the IOM panel argues. Indeed, Lo says, “the goal would be to have a [CME] system . . . that is free of industry or industry influence.”
Perhaps it would be more realistic to require that 50% of all CME credits come from academia. That will provide balance.
More fundamentally, we need to give enforcement teeth. Instead of having the whitewash department at every major university responsible for misconduct, whistleblower and fraud investigations, have a new branch of the Department of Justice receive, investigate and pursue all such complaints. That will make people straighten up in a big hurry. The primary problem is not that nobody knows what is going on, they do. The primary problem is the scandal suppression systems in place at universities, and the lack of willingness to challenge colleagues.
Last the CFR providing for a statute of limitations on investigation of scientific fraud has to go! The case of the midwife toad would not have been investigated under current rules, because that CFR specifies 6 years! Scientists keep good records or they aren’t scientists. We are all people who have gotten where we are because are memories are pretty darn good, far better than average. And it just so happens that 6 years is the median time to get a PhD or get through specialty training as an MD. And it is those interns, residents and graduate students who see what is going on but don’t have the means to speak up without being crushed by retaliation.
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