Adopted by the 60th WMA General Assembly, New Delhi, India, October 2009
Reaffirmed with minor revision by the 201st WMA Council Session, Moscow, Russia, October 2015,
and revised by the 76th WMA General Assembly, Porto, Portugal, October 2025

 

PREAMBLE

This policy is intended to identify areas where a conflict of interest might occur during the day-to-day practice of medicine, and to assist physicians in resolving such conflicts in the best interests of their patients. A conflict of interest arises when professional judgement concerning direct patient care might be unduly influenced by secondary interests. Factors such as mandatory institutional requirements or career advancement pressures could represent conflicts of interest.

As stated in the WMA’s International Code of Medical Ethics, the physician must recognize and avoid real or potential conflicts of interest.

In some cases, it may be enough for a physician to acknowledge that a potential or perceived conflict exists. In others, specific steps to resolve the conflict may be required. Some conflicts of interest are inevitable and there is nothing inherently unethical in the occurrence of conflicts of interest in medicine, but it is the manner in which they are addressed that is crucial.

In addition to practicing medicine and providing direct patient care, physicians serve in additional roles and pursue various other interests, such as participating in research, contributing to seminars and conferences, training and educating future physicians and occupying administrative or managerial positions. As private interests within medicine have expanded in many locales, physicians have occasionally provided their expertise to these endeavors as well, acting as consultants (and sometimes employees) for private enterprises, including those involved in the development of new technologies and digital solutions.

The growing interaction between physicians and private sector stakeholders reflects the broader systemic influence of these private interests on healthcare markets, clinical practice, research priorities, and medical education. These factors are also referred to as commercial determinants of health.

Although the participation of physicians in such activities can ultimately serve the greater public good, it can also give rise to conflicts with their primary obligation to the health and well-being of their individual patients, as well as broader public health needs. Other interests must not be allowed to influence clinical decision-making or even have the potential to do so.

Physicians have a moral duty to scrutinize their own individual behavior for any potential conflicts of interest. If unacknowledged, conflicts of interest can seriously undermine patient trust in the medical profession as well as in the individual practitioner and therefore negatively impact the patient-physician relationship. Any conflict of interest, be it real or potential, financial or personal, including relational conflicts of interest, should be disclosed. Depending on the circumstances, additional remediation may be necessary.

Physicians may also wish to consult additional resources such as specialty societies, medical associations or regulatory authorities on issues relating to conflicts of interest, and they should be aware of applicable national regulations and laws.

The WMA unambiguously addresses the issue of conflicts of interest in its fundamental ethical policies, including the Declaration of Geneva: The Physician’s Pledge, the International Code of Medical Ethics, and the Declaration of Helsinki. These core documents make it clear that the health and well-being of the patient or research participant must always be the physician’s first consideration.

 

RECOMMENDATIONS

Research

1. The interests of the clinician and the researcher may not be the same. If the same individual is assuming both roles, as is often the case, the potential conflict should be addressed by ensuring that appropriate steps are put in place to protect the patient, including disclosure of the potential conflict to the patient.

2. Medical research must be conducted ultimately for the advancement of individual and public health. A physician-researcher may never place financial interests above the welfare of patients. Patient health and well-being and scientific integrity must be paramount.

3. All relevant and material physician-researcher relationships, sources of funding, institutional affiliations, and conflicts of interests must be disclosed to potential research participants, research ethics committees, appropriate regulatory oversight bodies, medical journals, conference participants and the medical centre where the research is conducted.

4. Prior to commencement of any research, all parties involved in the research including trial sponsors, the physician-researcher and research participants, should agree to key terms and conditions relating to, at a minimum:

• financial compensation for the physician-researcher,
• control of and access to research results,
• the right and obligation of the physician-researcher to publish negative results,
• the right of the physician-researcher to release relevant information to trial participants at any point during the study,
• funding for participants’ medical care in the event of complications associated with the research,
• data protection and incidental findings.

5. Physician-researchers should retain control of and should have full access to all trial data and should decline non-disclosure clauses.

6. Physician-researchers should ensure that, regardless of the trial results, the presentation or publication of the results will not be unduly delayed or otherwise obstructed.

7. Physicians should not accept payment or other benefits solely for referring patients to research studies or for sharing patient data. Patient information should only be shared with due regard for patient confidentiality and data safety.

8. Any compensation received by physician-researchers from trial sponsors should approximately replace lost clinical income and should be commensurate with the efforts and responsibilities of the physician performing the research. When enrolment is particularly challenging and time-consuming, reasonable additional payments may be made to compensate physician-researcher or institution specifically for time and effort spent on extra recruiting efforts to enroll appropriate research participants. Escalating bonuses designed to increase trial enrolment should not be accepted.

9. Payments or compensation of any sort may never be tied to the outcome of clinical trials. Physician-researchers should not have a financial interest in a company sponsoring a trial or a product being studied in a clinical trial if this financial interest could be affected positively or negatively by the results of the trial; they should have no direct financial stake in the results of the trial. They should not purchase, buy or sell stock (shares) in the company while the trial is ongoing and until the results have been made public. This might not apply for those physicians who have developed a medication but are not part of the enrolment process.

10. Physician-researchers should decline requests to review grant applications or research paper submissions from colleagues or competitors if their relationship poses a risk to impartiality.

11. Physician-researchers should only participate in clinical trials when they relate to their area of medical expertise, and they should have the appropriate ethical and scientific education, training and qualifications in the conduct of research and the principles of research ethics.

12. Authorship should be determined prior to the start of the trial and should be based on substantive scientific contribution.

13. Physician-researchers should be aware of broader commercial determinants of health that may influence research priorities, study design, and the interpretation or dissemination of results, and should actively seek to mitigate such influences to preserve scientific integrity and public trust.

Education and training

14. The educational needs of students and physicians in specialty training and the quality of their education and training experience must be balanced with the best interests of patients. Where these are in conflict, the interests of patients will take precedence.

15. Basic medical education, specialty training, and continuing professional development (CME/CPD) should include specific training on recognizing and managing conflicts of interest, as well as understanding commercial determinants of health, to support critical appraisal of information and uphold professional integrity in the best interests of patients.

Self-referrals , kickbacks, and fee-splitting

16. All referrals to other physicians or providers, and prescriptions for specific goods or services, should be based on the objective assessment of the referring or prescribing physician. Any form of collaboration among health professionals must prioritize the interests of the patient.

17. Physician self-referral occurs when a physician refers a patient to a service, practice, or health care facility (such as a laboratory) where they do not engage in professional activities but in which they have a financial interest. This practice has the potential to significantly influence clinical decision-making and is not generally considered acceptable unless there are appropriate safeguards in place and the referral is based on objective, medically relevant criteria. (For example, there is a need for the facility in a small rural community and other ownership is not a possibility. The physician in this situation should receive no more financial interest than would an ordinary investor.)

18. Kickbacks or fee-splitting occur when a physician receives financial consideration for referring a patient to a specific practitioner or for a specific service for which a fee is charged. These practices are not acceptable.

Product sales

19. Physician sale of medical products (health-related products), or of non-medical products (products not related to patient health or the practice of medicine), from their office or website may raises ethical concerns about financial conflict of interest and may risks placing undue pressure on the patient. Non-medical products and scientifically non-validated medical products should not be sold from physicians’ offices or websites. Sales of scientifically validated medical products are acceptable only in limited circumstances with appropriate safeguards, including appropriate disclosure to the patient.

Organizational/institutional conflicts

20. Health care institutions, in particular, are increasingly subject to a number of pressures that threaten several of their roles, and many medical centers have begun to identify alternate sources of revenue. Policies should be in place to ensure that these new sources are not in conflict with the values and mission of the institution and with medical ethical principles (for example, funding from the tobacco, food, or pharmaceutical industries in medical schools or clinics).

21. Individual medical organisations and institutions (including, but not limited to, medical schools, hospitals, medical associations, official/state regulators and research institutions) should develop and enforce conflict of interest guidelines which also apply to their employees and members, and which also address the broader commercial determinants of health. Such guidelines should be structured to assist physicians in making appropriate disclosures and identifying situations where a conflict of interest would preclude their participation in a given activity.

22. Health care institutions should have a clear demarcation between investment decision-making committees, technology transfer and the research arm of the institution.

23. Written policies should provide guidelines for disclosure requirements, or for discontinuing participation in the decision-making process, for those individuals who are conflicted due to sponsored research, consulting agreements, private holdings or licensing agreements.

Adopted by the 55th WMA General Assembly, Tokyo, Japan, October 2004,
amended by the 60th WMA General Assembly, New Delhi, India, October 2009
and by the 71st WMA General Assembly (online), Cordoba, Spain, October 2020

PREAMBLE

In the treatment of their patients, physicians use medicines, instruments, diagnostic tools, equipment and materials developed and produced by commercial enterprises. Industry possesses resources to finance expensive research and development programmes, for which the knowledge and experience of physicians are essential. Moreover, industry support enables the progress of medical research, scientific conferences and continuing medical education that can be of benefit to patients and the entire health care system. The combination of financial resources and product knowledge contributed by industry and the medical knowledge possessed by physicians enables the development of new diagnostic procedures, drugs, therapies, and treatments and can lead to great advances in medicine.

However, conflicts of interest between commercial enterprises and physicians occur and can affect the care of patients as well as the reputation of the medical profession. The duty of the physician is to objectively evaluate what is best for the patient and to promote the patient-physician relationship, while commercial enterprises are expected to bring profit to owners by selling their own products and competing for customers. Commercial considerations can affect the physician’s objectivity, especially if the physician is in any way dependent on the enterprise.

Rather than forbidding any relationships between physicians and industry, it is preferable to establish guidelines for such relationships. These guidelines must incorporate the key principles of disclosure, transparency, avoidance of conflicts of interest and promoting the physician’s ability to act in the best interests of patients.

The guidelines regulating the Physician-Commercial Enterprise relationship should be understood in the light of WMA core ethical values, as stated in particular in the Declaration of Geneva, the International Code of Medical Ethics. the Statement on Conflict of Interest, and the Declaration of Seoul on Professional Autonomy and Clinical Independence.

The autonomy and clinical independence of physicians should be foremost in all physician decisions for patients, regardless of practice setting, whether government-sponsored, private, for profit or not for profit, investor funded, insurance company employers or otherwise.

Curricula of medical schools and residency programs should include educational courses on the relation between enterprises and the medical profession in the light of ethical principles and values of the profession.

RECOMMENDATIONS

Medical conferences

  1. These guidelines related to medical conferences apply, where pertinent, to corporation events, such as educational events, and promotional activities including for items of medical utility, sponsored by a commercial enterprise.
  2. Physicians may attend medical conferences, sponsored in whole or in part by a commercial entity if these conform to the following principles:
    • The main purpose of the conference is the exchange of professional or scientific information for the benefit of patient care.
    • Hospitality during the conference is secondary to the professional exchange of information and does not exceed what is locally customary and generally acceptable.
    • Physicians do not receive payment directly from a commercial entity to cover travelling expenses, room and board at the conference for themselves or an accompanying person or compensation for their time unless provided for by law and/or the policy of their National Medical Association, or unless it is a reasonable honorarium for speaking at the conference.
    • The name of a commercial entity providing financial support is publicly disclosed in order to allow the medical community and the public to fairly evaluate the information presented. In addition, conference organizers and lecturers are transparent and disclose any financial affiliations that could potentially influence educational activities or any other substantial outcome that may result from the conference.
    • In accordance with the WMA Guidelines on Promotional Mass Media Appearances by Physicians, presentation of material by a physician should be scientifically accurate, give a balanced review of possible treatment options, and not be influenced by the sponsoring organization.
  1. In addition, a conference can be recognized for purposes of continuing medical education/ continuing professional development (CME/CPD) only if it conforms to the following principles:
    • The commercial entities acting as sponsors, such as pharmaceutical companies or enterprises in the medical devices sector, have no influence on the content, presentation, choice of lecturers, or publication of results.
    • Funding for the conference is accepted only as a contribution to the general costs of the meeting.
    • The independence of the contents of the conference is guaranteed.

Gifts

  1. To preserve the trust between patients and physicians, physicians should decline:
    • cash, cash equivalents and other gifts for personal benefit from a commercial entity
    • gifts designed to influence clinical practice, including direct prescription incentives.
  1. Physicians may accept:
    • Promotional aids provided that the gift is of minimal value and is not connected to any stipulation that the physician uses certain instruments, medications or materials or refers patients to a certain facility.
    • Cultural courtesy gifts on an infrequent basis according to local standards if the gift is of minimal value and not related to the practice of medicine.

Research

  1. A physician may carry out research funded by a commercial entity, whether individually or in an institutional setting, if it conforms to the following principles:
    • The physician is subject only to the law, the ethical principles and guidelines of the Declaration of Helsinki, and clinical judgment when undertaking research and should guard against external pressure regarding the research results or its publications.
    • If possible, a physician or institution wishing to undertake research approaches more than one commercial source for research funds.
    • Identifiable personal information about research patients or voluntary participants is not passed to the sponsoring company without the consent of the individuals concerned.
    • A physician’s compensation for research is based on his or her time and effort and such compensation must not be connected to the results of the research.
    • The results of research are made public with the name of the sponsoring entity disclosed, along with a statement disclosing who requested the research. This applies whether the sponsorship is direct or indirect, full or partial.
    • Commercial entities allow unrestricted publication of research results.
    • Where possible, research financed by commercial enterprises should be managed by interposed, non-profit entities, such as institutes or foundations.

Affiliations with Commercial Entities

  1. A physician may not enter into an affiliation with a commercial entity, such as consulting or membership on an advisory board unless the affiliation conforms to the following principles:
    • The affiliation does not compromise the physician’s integrity.
    • The affiliation does not conflict with the physician’s obligations to his or her patients.
    • The affiliation or other relationship with a commercial entity is fully disclosed in all relevant situations, such as lectures, personal appearances, articles, reports and influential contributions to the mission of medical associations or other non-profit health entities.