Sperling Daniel
University of Haifa, Haifa, Israel.
Med Health Care Philos. 2017 Jun;20(2):179-186. doi: 10.1007/s11019-017-9751-8.
Recent professional guidelines published by the General Medical Council instruct physicians in the UK to be honest and open in any financial agreements they have with their patients and third parties. These guidelines are in addition to a European policy addressing disclosure of physician financial interests in the industry. Similarly, In the US, a national open payments program as well as Federal regulations under the Affordable Care Act re-address the issue of disclosure of physician financial interests in America. These new professional and legal changes make us rethink the fiduciary duties of providers working under new organizational and financial schemes, specifically their clinical fidelity and their moral and professional obligations to act in the best interests of patients. The article describes the legal changes providing the background for such proposals and offers a prima facie ethical analysis of these evolving issues. It is argued that although disclosure of conflicting interest may increase trust it may not necessarily be beneficial to patients nor accord with their expectations and needs. Due to the extra burden associated with disclosure as well as its implications on the medical profession and the therapeutic relationship, it should be held that transparency of physician financial interest should not result in mandatory disclosure of such interest by physicians. It could lead, as some initiatives in Europe and the US already demonstrate, to voluntary or mandatory disclosure schemes carried out by the industry itself. Such schemes should be in addition to medical education and the address of the more general phenomenon of physician conflict of interest in ethical codes and ethical training of the parties involved.
英国医学总会近期发布的专业指南指示英国医生,在与患者及第三方达成的任何财务协议中要保持诚实和公开。这些指南是对一项欧洲政策的补充,该政策涉及披露医生在行业中的财务利益。同样,在美国,一项全国性的公开支付计划以及《平价医疗法案》下的联邦法规重新审视了美国医生财务利益披露的问题。这些新的专业和法律变化促使我们重新思考在新的组织和财务模式下工作的医疗服务提供者的受托责任,特别是他们的临床忠诚度以及他们为患者的最佳利益行事的道德和职业义务。本文描述了为这些提议提供背景的法律变化,并对这些不断演变的问题进行了初步的伦理分析。有人认为,虽然披露利益冲突可能会增加信任,但这不一定对患者有益,也不一定符合他们的期望和需求。由于披露带来的额外负担以及其对医疗行业和治疗关系的影响,应该认为医生财务利益的透明度不应导致医生强制披露此类利益。正如欧洲和美国的一些举措已经表明的那样,这可能会导致行业自身实施自愿或强制披露计划。此类计划应作为医学教育的补充,并应对伦理准则和相关各方伦理培训中更普遍的医生利益冲突现象。