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 Dr.
Chauncey D. Leake, (1896-1978), internationally known pharmacologist,
medical historian, and administrator, served as executive vice-president
and dean of the medical branch from 1942-1955.
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Q |
I am a nurse
on a unit in the hospital. On discharge a grateful patient
offers me $20 in cash to thank me for the care they received
at UTMB. May I keep the cash? |
A |
No. You may
not accept any amount of money in the form of cash or a
check from anyone in relation to your position or job performance
at UTMB. |
Q |
The representative
of a vendor who services my department wants to take me
to lunch to discuss their products. May I go to lunch with
the representative? |
A |
Yes. If you
are the guest of the representative and the representative
is present you may go to lunch with him/her. However, you
may not go to lunch and use a representative’s account at
the restaurant or any other business if the representative
is not present. |
Q |
I am responsible
for the relationship between my department at UTMB and a
pharmaceutical or equipment representative. At Christmas
time, the representative sent me a fruit basket. May I accept
the fruit basket? |
A |
Maybe. If the
value of the fruit basket is probably less than $50 you
may accept it. However, you would want to be sure that the
gift did not create some sort of obligation for you to the
representative or the company. You should report vendors
who offer inappropriate gifts to UTMB employees to the UTMB
Compliance Program at (409) 747-8700. |
Q |
A vendor has offered to
sell me 8 biopsy forceps at a good price. He will also bring
me 2 free biopsy forceps on his next visit to our unit.
This sounds like good business to me. Could anything be
wrong with this? |
A |
Yes. The vendor has just
offered you two free forceps in exchange for ordering from
his company. In this instance you would be guilty of accepting
a kickback on behalf of UTMB. Also, the cost of the 8 forceps
would be misstated on the UTMB Cost Report because UTMB
really received 10 forceps for the cost of 8. Filing a false
cost report is a federal crime. |
Q |
A drug company representative
dropped off tickets to an Astros game for anyone in our
office to use. Can we use these tickets? |
A |
No. Accepting the tickets
and attending the game may be considered a kickback to UTMB
and an inducement to use the products of the drug company.
The tickets should be politely refused. |
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Gifts
and gratuities. You must not accept or solicit
any gift, favor, or service that might reasonably tend to influence
your discharge of your official duties or that you know or should
know is being offered with the intent to influence your official
conduct. All UTMB employees should review the State of Texas web
site “Can I Take It?” at http://www.ethics.state.tx.us/pamphlet/city-emp.htm
Kickbacks.
Kickbacks are undisclosed payments, gifts, or services
offered in return for something of value, increased business,
or business referral. It is a criminal offense to receive or solicit
any remuneration, including a gift, cash, bribe, rebate, or discount
in return for referring an individual or patient for services
at UTMB or any other entity. It is also a crime to receive or
solicit remuneration in return for purchasing, ordering, or arranging
for or recommending purchasing, leasing, or ordering any good
or service.
Employees who are involved in any type of kickback scheme will
receive disciplinary action, which may include termination and
may be subject to prosecution by state or federal agencies.
Vendor-paid
travel. In certain specific circumstances, vendors
may pay for travel related to product or equipment use, upgrades,
and training. It is expected that these types of activities are
rare and should be approved by your supervisor and/or UTMB Purchasing
Department.
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