§ 102.106 — CONFLICT OF INTEREST.

Texas § 102.106

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 102.106. CONFLICT OF INTEREST. (a) The oversight committee shall adopt conflict-of-interest rules, based on standards applicable to members of scientific review committees of the National Institutes of Health, to govern members of the oversight committee, the program integration committee, the research and prevention programs committees, and institute employees.
(b) An institute employee, oversight committee member, program integration committee member, or research and prevention programs committee member shall recuse himself or herself, as provided by Section 102.1061 (a), (b), or (c) as applicable, if the employee or member, or a person who is related to the employee or member within the second degree of affinity or consanguinity, has a professional or financial interest in an entity receiving or applying to receive money from the institute.
(c) A person has a professional interest in an entity receiving or applying to receive money from the institute if the person:
(1) is a member of the board of directors, another governing board, or any committee of the entity, or of a foundation or similar organization affiliated with the entity, during the same grant cycle;
(2) serves as an elected or appointed officer of the entity or of a foundation or similar organization affiliated with the entity;
(3) is an employee of or is negotiating future employment with the entity or with a foundation or similar organization affiliated with the entity;
(4) represents the entity or a foundation or similar organization affiliated with the entity;
(5) is a professional associate of a primary member of the entity's research or prevention program team;
(6) is, or within the preceding six years has been, a student, postdoctoral associate, or part of a laboratory research group for a primary member of the entity's research or prevention program team;
(7) is engaged or is actively planning to be engaged in collaboration with a primary member of the entity's research or prevention program team; or
(8) has long-standing scientific differences or disagreements with a primary member of the entity's research or prevention program team, and those differences:
(A) are known to the professional community; and
(B) could be perceived as affecting objectivity.
(d) A person has a financial interest in an entity receiving or applying to receive money from the institute if the person:
(1) owns or controls, directly or indirectly, an ownership interest, including sharing in profits, proceeds, or capital gains, in an entity receiving or applying to receive money from the institute or in a foundation or similar organization affiliated with the entity; or
(2) could reasonably foresee that an action taken by the institute, a research and prevention programs committee, the program integration committee, or the oversight committee could result in a financial benefit to the person.
(e) Nothing in this chapter limits the authority of the oversight committee to adopt additional conflict-of-interest standards.

Legislative History

Amended by: Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14 ), Sec. 4., eff. November 6, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149 ), Sec. 14, eff. June 14, 2013.