http://www.signonsandiego.com/news/business/biotech/20050714-0848-nih-ethicslaps
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NIH finds ethics violations in 44 cases

By Kevin Freking
ASSOCIATED PRESS

8:48 a.m. July 14, 2005

WASHINGTON - Forty-four government scientists who also worked as
consultants for drug companies violated agency regulations designed to
prevent conflicts of interest, a review by the National Institutes of
Health shows.
The review centered on whether the scientists had properly disclosed
their work for the drug companies on financial disclosure forms,
whether they had prior approval to do such work from their superiors
and whether they took personal leave to do private work. In the 44
cases, scientists were found to have violated one or more existing NIH
rules.

In an additional 37 cases reviewed, scientists did have prior approval
for their work, had properly reported the work on their financial
disclosure forms and took approved leave when necessary, the NIH
reported.

The House Energy and Commerce Committee asked for the review when it
compared NIH records to consulting agreements maintained by 20
pharmaceutical companies. It found 81 cases between 1999 and 2004 where
the agreements were not listed in the NIH records provided to the
committee. It asked NIH to investigate those cases.

Even as NIH investigated those cases, NIH Director Elias Zerhouni
issued a ban on NIH employees consulting with drug and biotechnology
companies. The agency also issued ethics rules that it is monitoring
before making permanent.

The chairman of the committee, Rep. Joe Barton, R-Texas, said the
agency's findings revealed the ethics problems at NIH were worse than
he had anticipated.

"These findings indicate that the ethical problems are more systemic
and severe than previously known," Barton said. "They also demonstrate
the need for NIH to issue the final ethics rule as soon as possible."

Of the 44 scientists found to have violated agency rules, 36 are still
employed at NIH and have been referred for possible disciplinary
action. Nine of those thirty-six have also been referred to the HHS
Office of Inspector General for investigation of possible criminal
violations.

Zerhouni made the details of the NIH investigation known in a letter to
the committee dated July 8. The findings were released, despite
Zerhouni asking that they be treated as confidential.

"You have my pledge that I will continue to work with the committee on
this matter as we move forward by correcting deficiencies and ensuring
public trust," Zerhouni said.

Committee leaders released the data and letter anyway because of the
compelling public interest, said Kevin Schweers, a spokesman for the
panel.

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TC