Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-82 - CNE › Section 3364-82-02 - CNE guidelines for commercial support

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy
			 statement
Specific procedures must be followed
				when planning and administering American nurses credentialing center/Ohio
				nurses association "ANCC/ONA" continuing nursing education "CNE" activities
				that receive commercial support funding. ANCC defines "commercial support" is
				when a commercial entity provides money or in-kind services to a provider for
				an activity. The provider unit must adhere to the ANCC content integrity
				standards for industry support in CNE activities at all times.
(B)
								Purpose of policy
To maintain compliance, educational
				activities receiving external commercial support must adhere to the ANCC
				criteria and ONA rules as defined in the 2015 provider unit
				manual.
(C)
								Procedure
(1)
									There must be complete independence from proprietary
			 entities in the planning, designing, delivering and evaluating CNE activities.
			 The university of Toledo (provider) must make all decisions regarding the
			 disposition and disbursement of commercial support. The university of Toledo
			 (provider) cannot be required by an entity with a commercial interest to accept
			 advice or services concerning teachers, authors, or other education matters,
			 including content, from the entity as conditions of contributing funds or
			 services.
(2)
									All commercial support associated with a continuing
			 nursing education activity must be given with the full knowledge and approval
			 of the CNE director.
(3)
									The terms, conditions, and purposes of the commercial
			 support must be documented in a written agreement with the entity that includes
			 the university of Toledo (provider) and its educational partner(s). The
			 agreement must include the provider, even if the support is given directly to
			 the provider's educational partner or a co-provider.
(a)
										The written
			 agreement must specify the entity that is the source of commercial
			 support.
(b)
										Both the entity and the university of Toledo director
			 must sign the written agreement regarding the support to be provided or
			 accepted.
(4)
									The provider, the co-provider, or designated
			 educational partner must directly pay any teacher or author honoraria or
			 reimbursement of out-of-pocket expenses in compliance with the provider's
			 written policies and procedures.
(a)
										No other payment shall be given to the director of the
			 activity, planning committee members, teachers, or authors, co-provider, or any
			 others involved with the supported activity.
(b)
										If faculty or
			 authors are listed on the agenda as facilitating or conducting a presentation
			 or session, but participate in the remainder of an educational event as a
			 learner, their expenses can be reimbursed and honoraria can be paid for their
			 teacher or author role only.
(c)
										The provider may
			 not use commercial support to pay for travel, lodging, honoraria, or personal
			 expenses for non-teacher or non-author participants of a continuing nursing
			 education activity. The provider may use commercial support to pay for travel,
			 lodging, honoraria, or personal expenses for bona fide employees and volunteers
			 of the provider, co-provider or educational partner.
(5)
									Social events or
			 meals at continuing nursing education activities cannot compete with, or take
			 precedence over, the educational events.
(6)
									Arrangements for
			 commercial exhibits or advertisements cannot influence planning or interfere
			 with the presentation, nor can they be a condition of the provision of
			 commercial support for continuing education activities.
(a)
										Product-promotion
			 material or product-specific advertisement of any type is prohibited in or
			 during continuing nursing education activities. The editorial and advertisings
			 material on the same products on subjects must be avoided. Live (staffed
			 exhibits, presentations) or enduring (printed or electronic advertisements)
			 promotional activities must be kept separate from continuing nursing
			 education.
(i)
											Print, advertisements and promotional materials shall not be
			 interleafed within the pages of the continuing nursing education content.
			 Advertisemen
ts and
			 promotional materials may face the first or last pages of printed CNE content
			 as long as these materials are not related to the continuing nursing education
			 content they face and are not paid for by the entities with commercial
			 interests in the continuing nursing education activity.
(ii)
											Computer-based,
			 advertisements and promotional materials shall not be visible on the screen at
			 the same time as the continuing nursing education content and shall not be
			 interleafed between computer "windows" or screens of the continuing nursing
			 education content.
(iii)
											Audio and video recording, advertisements and
			 promotional materials shall not be included within the continuing nursing
			 education. There will be no "commercial breaks."
(iv)
											Live
			 face-to-face continuing nursing education, advertisements and promotional
			 materials shall not be displayed or distributed in the educational space
			 immediately before, during, or after a continuing nursing education activity.
			 Providers shall not allow representatives of an entity with commercial
			 interests to engage in sales or promotional activities while in the space or
			 place of the continuing nursing education activity.
(b)
										Educational
			 materials that are part of a continuing nursing education activity, such as
			 slides, abstracts, and handouts, shall not contain any advertising, trade name,
			 or a product-group message.
(c)
										Print or
			 electronic information distributed about the non-continuing nursing education
			 elements of a continuing nursing education activity that are not directly
			 related to the transfer of education to the learner, such as schedules and
			 content descriptions, may include product promotion material or
			 product-specific advertisement.
(d)
										A provider shall
			 not use an entity with a commercial interest as the agent providing a
			 continuing nursing education activity to learners, e.g., distribution of
			 self-study continuing nursing education activities or arranging for electronic
			 access to continuing nursing education activities.
(7)
									The content or
			 format of a continuing nursing education activity or its related materials must
			 promote improvements or quality in health care and not a specific proprietary
			 business interest of an entity with a commercial interest.
Presentations must give a balanced view
				of therapeutic options. Use of generic names will contribute to this
				impartiality. If the continuing nursing education educational material or
				content includes trade names, when available, trade names from several
				companies should be used, not just trade names from a single
				company.
(8)
									Relevant financial relationships of those with control
			 over continuing nursing education content. Disclosure of information about
			 provider and faculty relationships must be disclosed in writing to participants
			 in a continuing nursing education activity.