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WEST VIRGINIA BOARD OF MEDICINE

RESOLUTION CONCERNING CONFLICTS OF INTEREST

(Adopted by the West Virginia

Board of Medicine on July 11, 1988)

       WHEREAS, the West Virginia Board of Medicine is charged with the responsibility of acting in the public interest in performing its duties of licensure and professional discipline of physicians and podiatrists and certifying and disciplining physician assistants; and,

       WHEREAS, the West Virginia Board of Medicine is entrusted with the general authority to carry out the responsibilities set forth in the West Virginia Medical Practice Act, West Virginia Code §30-3-1 et seq. and the Board members have the responsibilities of public servants and public officers; and

       WHEREAS, the giving of time and service by the members of the West Virginia Board of Medicine because of their varied backgrounds, interests, professions and partialities may result

in situations involving a duality of interest which might be interpreted as a conflict of interest; and,

       WHEREAS, this giving of time and service nevertheless carries with it a strict duty of loyalty to the West Virginia Board of Medicine and a fiduciary obligation to conduct the affairs of the West Virginia Board of Medicine with honesty and

as a public trust, exercising care, skill and judgment for the benefit of the West Virginia Board of Medicine and the public to whom the West Virginia Board of Medicine is accountable,

       NOW THEREFORE BE IT RESOLVED; that the following policy of conflict of interest is hereby adopted:

     1.  Members of the West Virginia Board of Medicine shall exercise the utmost good faith in all matters touching upon their duties to the Board.  In their dealings with and on behalf of the Board, they are held to a strict rule of honest and fair dealing between themselves and the Board.  They shall not use their positions or knowledge gained therefrom for personal gain or advantage, so that a conflict might arise between the duty of the West Virginia Board of Medicine of accountability to the public and that of the interest of the individual.

     2.  Any possible conflict of interest on the part of any member of the West Virginia Board of Medicine shall be promptly and fully disclosed by the interested Board member to the other members of the Board when the interest becomes a matter of Board action.  The minutes of the meeting shall reflect that such a disclosure was made, as well as the abstention from voting of the interested Board member.

     3.  Any Board member having a possible conflict of interest on any matter shall refrain from using his or her personal influence on the matter, but may briefly state his or her position and answer pertinent questions of other Board members prior to leaving the room at the time of voting.

     4.  Any Board member who has cause to believe that a matter to be voted on might involve any other Board member in a possible conflict of interest may, and is expected to, raise such a question.  If the Board member about whom the possible conflict of interest question is raised does not agree that such an actual or potential conflict of interest exists, he or she may explain his or her position and a question whether an actual or potential conflict of interest exists shall be decided by a majority vote of the Board members present, with the Board member in question abstaining from the vote.

     5.  This policy shall be distributed to and reviewed regularly for the information and guidance of members of the West Virginia Board of Medicine, and any new Board member shall receive a copy of this policy upon assuming the duties of his or her office.

     6.  This policy and the procedures outlined shall also apply to members of any committee of the Board carrying out its duties on behalf of the West Virginia Board of Medicine.