Register of payments from pharmaceutical companies to staff

The request was partially successful.

Dear Healthcare Improvement Scotland,

Hospital Boards are reportedly meant to keep a register of payments from pharmaceutical companies (and other relevant companies) to staff, in case of conflicts of interest [1]. I am requesting a copy of the register for this Board - which I would hope includes details of all relevant payments to staff and any related potential conflicts of interest. If it would be possible to have this information in an appropriate structured data format - for example, a CSV file - this would be helpful. If this Board does not have a complete register, I would request: the release of the information on this topic that the Board does hold; and an explanation of why the Board does not hold a complete register.

I am aware that some would view data on pharmaceutical funding as personal data for those staff receiving the funding. Even if some of the information on this register may be classed as personal data (although this is contestable - for example, in some sectors of academia information re funding sources is made public as a matter of course) it would be covered by paragraph 6 of Schedule 2 of the Data Protection Act. The release of these data is "necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed" [2]. Spurling et al's systematic review of how information from pharmaceutical companies impacts physicians' prescribing reported that, of the studies included which looked at total promotional investment, three "found that total promotional investment was positively associated with prescribing frequency...Two...found both positive results and no association...One study did not detect an association" [3]. There is thus a legitimate interest in releasing this register: the available research suggests that it is plausible that payments received influence how public money is spent and the type of care provided to members of the public.

For the reasons given above, there is a strong public interest in releasing this information. While "requests for the personal data of a third party are exempt under section 40(2) of the Freedom of Information Act...if disclosure would contravene section 10 of the Data Protection Act, the right to prevent processing likely to cause damage or distress" [2], I would argue that, even if some of those named in these documents feel that their release would cause them damage or distress, this is outweighed by the significant public interest served by releasing these data.

Yours Faithfully,

Dr Peter J. Gordon

[1] http://www.guardian.co.uk/society/2013/a...
[2] http://www.justice.gov.uk/downloads/info...
[3] http://www.plosmedicine.org/article/info...

HIS Comments (HEALTHCARE IMPROVEMENT SCOTLAND - SD039),

Dear Dr Gordon

Further to your freedom of information request of today 29 May (below), this has been logged and is being processed.

Under the Freedom of Information (Scotland) Act 2002 [FOISA], we must respond within 20 working days – at latest by close of Wednesday 26 June.

Please do not hesitate to contact me if you would like an update on progress.

Yours sincerely

Patrick Maitland-Cullen.

For more information on FOISA, please see the website of the Scottish Information Commissioner:
www.itspublicknowledge.info/home/Scottis...

Patrick Maitland-Cullen | Health Information Scientist (Freedom of Information Officer)

Healthcare Improvement Scotland
Gyle Square | 1 South Gyle Crescent | Edinburgh | EH12 9EB

t: 0131 623 4300 | text phone: 0131 623 438
e: [email address]

www.healthcareimprovementscotland.org

The Healthcare Environment Inspectorate, Scottish Health Council, Scottish Health Technologies Group,
Scottish Intercollegiate Guidelines Network and the Scottish Medicines Consortium are part of Healthcare Improvement Scotland.

This correspondence is intended for the named recipient. If it is received or accessed by any individual or organisation other than stated, the recipient must treat the information contained in the correspondence as confidential and dispose of it appropriately.

Please note: as a public body, Healthcare Improvement Scotland may be required to make available emails as well as other written forms of information as a result of a request made under the Freedom of Information (Scotland) Act 2002.

show quoted sections

Maitland-Cullen Patrick (HEALTHCARE IMPROVEMENT SCOTLAND - SD039),

4 Attachments

Dear Dr Gordon

 

Further to your freedom of information request of 29 May, please find our
response letter attached together with supporting files.

 

Please do not hesitate to contact me if you require further information.

 

Yours sincerely

 

Patrick Maitland-Cullen.

 

Patrick Maitland-Cullen | Health Information Scientist (Freedom of
Information Officer)

 

Healthcare Improvement Scotland

Gyle Square | 1 South Gyle Crescent | Edinburgh | EH12 9EB

 

t: 0131 623 4300 | text phone: 0131 623 438

e: [1][email address]

 

[2]www.healthcareimprovementscotland.org

 

The Healthcare Environment Inspectorate, Scottish Health Council, Scottish
Health Technologies Group,
Scottish Intercollegiate Guidelines Network and the Scottish Medicines
Consortium are part of Healthcare Improvement Scotland.

 

This correspondence is intended for the named recipient. If it is received
or accessed by any individual or organisation other than stated, the
recipient must treat the information contained in the correspondence as
confidential and dispose of it appropriately.

 

Please note: as a public body, Healthcare Improvement Scotland may be
required to make available emails as well as other written forms of
information as a result of a request made under the Freedom of Information
(Scotland) Act 2002.

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.healthcareimprovementscotland...

25 June 2013

Dear HEALTHCARE IMPROVEMENT SCOTLAND - SD039,
Thank you for your most helpful response, attachments and links.

For ease of Public access I will append your reply of 20 June 2013 below. Based on your returns, I have some further questions which I will ask through aseparate e-mail.

Yours sincerely,

Peter J Gordon

"All Healthcare Improvement Scotland staff:

There is a nil return on staff receiving payment from a pharmaceutical company. This return includes staff working in both the Scottish Intercollegiate Guidelines Network(SIGN), and Scottish Medicines Consortium (SMC).

Please find attached the register for financial year 2013 to 2014:

Register of gifts and hospitality.pdf

Please also find our employee code of conduct attached. Section 35 sets out the conditions on accepting additional employment:

Employee Code of Conduct (updated).pdf

www.healthcareimprovementscotland.org

Board members’ register of interests

Please find attached for information the register of interests for financial year 2013 to 2014. The register includes senior staff members, and it should be noted that for this group there is no pharmaceutical company-related return:

Board register 2013 to 2014.pdf

This information is also available online, along with the Board members’ code of conduct, at:

www.healthcareimprovementscotland.org/ab...

25 June 2013

Dear HEALTHCARE IMPROVEMENT SCOTLAND - SD039,
Your responses to FOI indicate that your "Employee Code of Conduct" "version 1.0" was written as recently as 25 march 2013 and only approved by your Policy Sub-Group on 22 May 2013. It says this was based on NHS QIS Code of Conduct.

(1) Under FOI could you provide for the public the QIS Code of Conduct and explain from what date it was followed? One assumes well before the Scottish Government Guidance was published on Hospitality, Payments and potential COI involving any NHS staff?

(2) Can you provide the Hospitality Registers for the QIS Code of Conduct?

(3) You have zero returns as this policy has only just been implemented. Is this correct?

(4) You are confirming under FOI that none of your NHS employees for HEALTHCARE IMPROVEMENT SCOTLAND have received NO payments from Pharmaceutical Industry or Phjarmaceutical Sponsored Education? It is very important that we are clear with the public on this, as given longstanding roles of Scottish Intercollegiate Guidelines Network (SIGN), and Scottish Medicines Consortium (SMC).

For this reason I am requesting an Internal Review.

Yours sincerely,

Peter J Gordon

Maitland-Cullen Patrick (HEALTHCARE IMPROVEMENT SCOTLAND - SD039),

Dear Dr Gordon

Please accept my apologies for the delay in acknowledging your freedom of information request and review request.

Both requests are being processed. Under the Freedom of Information (Scotland) Act 2002 [FOISA], we must respond within 20 working days – at latest by close of Tuesday 23 July.

Please do not hesitate to contact me if you would like an update on progress.

Yours sincerely

Patrick Maitland-Cullen.

Patrick Maitland-Cullen | Health Information Scientist (Freedom of Information Officer)

Healthcare Improvement Scotland
Gyle Square | 1 South Gyle Crescent | Edinburgh | EH12 9EB

t: 0131 623 4605 | text phone: 0131 623 438
e: [email address]

www.healthcareimprovementscotland.org

The Healthcare Environment Inspectorate, Scottish Health Council, Scottish Health Technologies Group,
Scottish Intercollegiate Guidelines Network and the Scottish Medicines Consortium are part of Healthcare Improvement Scotland.

This correspondence is intended for the named recipient. If it is received or accessed by any individual or organisation other than stated, the recipient must treat the information contained in the correspondence as confidential and dispose of it appropriately.

Please note: as a public body, Healthcare Improvement Scotland may be required to make available emails as well as other written forms of information as a result of a request made under the Freedom of Information (Scotland) Act 2002.

show quoted sections

Maitland-Cullen Patrick (HEALTHCARE IMPROVEMENT SCOTLAND - SD039),

1 Attachment

Dear Dr Gordon

 

Further to your request for review of freedom of information response 389,
please find the decision set out in the attached letter.

 

The response to your accompanying questions, our reference FOI 401, is
being finalised. The deadline for our response is close of tomorrow.

 

Please do not hesitate to contact me if you require further information.

 

Yours sincerely

 

Patrick Maitland-Cullen.

 

Patrick Maitland-Cullen | Health Information Scientist (Freedom of
Information Officer)

 

Healthcare Improvement Scotland

Gyle Square | 1 South Gyle Crescent | Edinburgh | EH12 9EB

 

t: 0131 623 4300 | text phone: 0131 623 438

e: [1][email address]

 

[2]www.healthcareimprovementscotland.org

 

The Healthcare Environment Inspectorate, Scottish Health Council, Scottish
Health Technologies Group,
Scottish Intercollegiate Guidelines Network and the Scottish Medicines
Consortium are part of Healthcare Improvement Scotland.

 

This correspondence is intended for the named recipient. If it is received
or accessed by any individual or organisation other than stated, the
recipient must treat the information contained in the correspondence as
confidential and dispose of it appropriately.

 

Please note: as a public body, Healthcare Improvement Scotland may be
required to make available emails as well as other written forms of
information as a result of a request made under the Freedom of Information
(Scotland) Act 2002.

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.healthcareimprovementscotland...

22 July 2013

Dear Patrick Maitland-Cullen
HEALTHCARE IMPROVEMENT SCOTLAND - SD039,

I will post your reply below for ease of public access.

Yours sincerely,

Peter J Gordon

Enquiries to: S Twaddle

Direct Line: 0131 623 4722

Email: [email address]

Dear Dr Gordon

Pharma payments –
review of FOI 389

Further to your email of 25 June appealing against this organisation’s response to your freedom of information (FOI) request, a review was held on Friday 12 July.

On 20 June we responded as follows:

‘All Healthcare Improvement Scotland staff: There is a nil return on staff receiving payment from a pharmaceutical company. This return includes staff working in both the Scottish Intercollegiate Guidelines Network (SIGN), and Scottish Medicines Consortium (SMC).

Please find attached the register for financial year 2013 to 2014... [ ]

Please also find our employee code of conduct attached. Section 35 sets out the conditions on accepting additional employment...

Board members’ register of interests

Review request

Your email of 26 June said:
"You are confirming under FOI that none of your NHS employees for HEALTHCARE IMPROVEMENT SCOTLAND have received NO payments from Pharmaceutical Industry or Pharmaceutical Sponsored Education? It is very important that we are clear with the public on this, as given longstanding roles of Scottish Intercollegiate Guidelines Network (SIGN), and Scottish Medicines Consortium (SMC). For this reason I am requesting an Internal Review.’

On Friday 19 July I reviewed the information relating to the request, Scottish Information Commissioner guidance, information from the Healthcare Improvement Scotland FOI officer, together with your comments, following the process set out in our FOI policy.

Review decision

The response of 20 June included the corporate register of hospitality for financial year 2013 to 2014, covering all Healthcare Im provement Scotland staff, and gave a nil return on payments to staff from pharmaceutical companies.

I can confirm there is a nil return for Healthcare Improvement Scotland staff recording payment from a pharmaceutical company during financial year 2013 to 2014. All HIS employed staff working in SIGN and the Scottish Health Technologies Group (SHTG), and HIS-employed health economists who work with SMC make an
additional annual declaration of any competing interests. These declarations of interest include information on any payments to the individual and their close relatives

These staff groups also had a nil return on payments from pharmaceutical firms for financial years 2011 to 2012 and 2012 to 2013.

The hospitality register for financial year 2012 to 2013 records a nil return for staff payment by a pharmaceutical company. The sources of hospitality and gifts value in that year were: Kalvar County Council, Sweden (£155); BMJ Group (Euros 50); Institute for Healthcare Improvement (£30); South Korean academic delegation (£60); and Marketing Scotland £30.99).

The hospitality register for financial year 2011 to 2012 records a nil return for staff payment by a pharmaceutical company. The sources of hospitality and gifts in that year were: Finnish guideline developers (£20); Communications supplier (£5); HAA design (£10); Conscia (£400 – prize won in open draw at annual national NHS Scotland conference).

Your questions which accompanied the review request are being processed by the Finance unit as freedom of information request 401.

Please don’t hesitate to contact me if you would like to discuss any aspect of this

response.

Yours sincerely
Dr Sara Twaddle

Head of Evidence & Technologies / Director of SIGN (reviewer)

22 July 2013

Dear HEALTHCARE IMPROVEMENT SCOTLAND,
Many thanks for yiour further reply.

I note that you have remain to answer the following:

"Your responses to FOI indicate that your "Employee Code of Conduct - version 1.0" was written as recently as 25 March 2013 and only approved by your Policy Sub-Group on 22 May 2013. It says this was based on NHS QIS Code of Conduct.Under FOI could you provide for the public the QIS Code of Conduct and explain from what date it was followed? One assumes well before the Scottish Government Guidance was published on Hospitality, Payments and potential COI involving any NHS staff?"

Can you also confirm in writing that none of those involved and employed by you in preparation of SIGN guidelines (Scottish Intercollegiate Guidelines Network) and Scottish Medicines Consortium (SMC) have had in any time, 3 years before publication of said guidelines, had ANY conflict of interest. As it stands the understanding is that this is the case.

Yours sincerely,

Peter J Gordon

Maitland-Cullen Patrick (HEALTHCARE IMPROVEMENT SCOTLAND - SD039),

3 Attachments

Dear Dr Gordon

 

Further to your freedom of information request emailed on 25 June, please
find our response letter attached.

 

New FOI request – our ref. 406

 

In your email of 22 July, you wrote:

 

"Can you also confirm in writing that none of those involved and employed
by you in preparation of SIGN guidelines (Scottish Intercollegiate
Guidelines Network) and Scottish Medicines Consortium (SMC) have had in
any time, 3 years before publication of said guidelines, had ANY conflict
of interest. As it stands the understanding is that this is the case."”

 

I understand that Dr Twaddle’s review letter sent to you yesterday
confirmed that this was the case for financial years 2011-2012, and
2012-2013.

 

I should be grateful if you would clarify that you are looking for
confirmation of a similar nil return for NHS QIS staff working for SIGN
and SMC in financial year 201-2011?

 

I look forward to hearing from you.

 

Yours sincerely

 

Patrick Maitland-Cullen.

 

 

Patrick Maitland-Cullen | Health Information Scientist (Freedom of
Information Officer)

 

Healthcare Improvement Scotland

Gyle Square | 1 South Gyle Crescent | Edinburgh | EH12 9EB

 

t: 0131 623 4605 | text phone: 0131 623 438

e: [1][email address]

 

[2]www.healthcareimprovementscotland.org

 

The Healthcare Environment Inspectorate, Scottish Health Council, Scottish
Health Technologies Group,
Scottish Intercollegiate Guidelines Network and the Scottish Medicines
Consortium are part of Healthcare Improvement Scotland.

 

This correspondence is intended for the named recipient. If it is received
or accessed by any individual or organisation other than stated, the
recipient must treat the information contained in the correspondence as
confidential and dispose of it appropriately.

 

Please note: as a public body, Healthcare Improvement Scotland may be
required to make available emails as well as other written forms of
information as a result of a request made under the Freedom of Information
(Scotland) Act 2002.

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.healthcareimprovementscotland...