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HomeMy WebLinkAbout82-586 MoserJohn W. Moser Laboratory Examiner Laboratory Survey Section Division of Laboratory Improvement Bureau of Laboratories Department of Health Pickering Way and Welsh Pool Road Lionville, PA 19353 Dear Mr. Moser: Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 November 19, 1982 ADVICE OF COUNSEL RE: Health Department; Laboratory Examiner 82 -586 This responds to your letter of August 9, 1982, in which you requested advice from the State Ethics Commission. Issue: Does the Ethics Act prohibit a Laboratory Examiner from working in a hospital laboratory no longer surveyed by his Department, especially if his supervisor will make provisions to remove him from any possible contact with the facility in the course of his duties as Laboratory Examiner? Facts: You are currently employed as a Laboratory Examiner by the Bureau of Laboratories, Division of Laboratory Improvement Department of Health. Until recently, your office conducted surveys of clinical laboratories in hospitals throughout the Commonwealth. These surveys are now conducted by the Joint Commission on Accreditation of Hospitals (JCAH) or by the College of American Pathologists, (CAP). You wish to begin working weekends in a CAP approved hospital laboratory which is no longer surveyed by your Department. You are of the opinion that this job would provide you with experience useful in your current position. You also inform us that your supervisor would remove you from any possible contact with the CAP approved facility, thereby avoiding any possible conflict of interest. Discussion: An employee of the Commonwealth of Pennsylvania must avoid all conflicts of interests or the appearance thereof as set forth in 65 P.S. §401 et seq. State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania John W. Moser November 19, 1982 Page 2 In this particular situation there is no per se violation of the Ethics Act. When the State agency where you work is no longer responsible for conducting surveys of clinical laboratories in hospitals throughout the Commonwealth, there is no conflict of interest if you, as an employee of the State agency, also work for one of the hospitals formerly under the State agency's review or surveillance. In order to avoid any appearance of a conflict of interest, as you indicated in your letter, your supervisor must remove you from any possible contact with the CAP approved facility with which you will work. In your capacity as a State employee- Laboratory Examiner you may play no role in reviewing, recommending, etc., with respect to this CAP hospital. You shall also be advised that the Ethics Act prohibits any public employee from using his public employment or any confidential information gained through his public employment to obtain financial gain for himself, a member of his immediate family or a business with which he is associated. 65 P.S. 403(a). While there is no implication that such is the case in this situation, this statement is included to indicate the presence of this requirement in the Ethics Act and its prohibition against the use of such confidential information in general. Conclusion: There is no per se violation of the Ethics Act in this situation. As long as your Agency no longer conducts surveys of the clinical laboratory in which you would like to work on weekends and your supervisor removes you from any possible contact with that facility in your capacity as a State employed Laboratory Examiner, there is no conflict of interests under the State Ethics Act. Pursuant to Section 7(9)(ii), this Advice is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or criminal proceeding, providing the requestor has disclosed truthfully all the material facts and committed the acts complained of in reliance on the Advice given. This letter is a public record and will be made available as such. John W. Moser November 19, 1982 Page 3 Finally, if you disagree with this Advice or if you have any reason to challenge same, you may request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. KW /rdp Sincerely, Sandra S. Ch General Counse on