IAHPC Conflict of Interest and Confidentiality Policy 1
1. Purpose
Directors, officers, employees, committee members, and volunteers of the International Association for Hospice and Palliative Care (IAHPC) owe a fiduciary duty of care and loyalty to the organization. This policy is intended to:
- Protect the integrity of IAHPC’s decision-making
- Prevent conflicts of interest and breaches of confidentiality
- Provide clear procedures for disclosure and management of conflicts
This policy is designed to comply with the Texas Business Organizations Code (Chapter 22) and applicable federal law.
2. Persons Covered
This policy applies to all "Responsible Persons," defined as any individual serving as:
- A Director
- An officer of the Corporation
- An employee
- A committee member
- A volunteer with decision-making authority
3. Definitions
Conflict of Interest
A situation in which a Responsible Person’s personal, professional, or financial
interests could reasonably interfere with their duty to act in the best interests
of IAHPC.
Material Financial Interest
Any financial interest that could reasonably influence judgment, including
ownership, compensation, consulting fees, honoraria, or other economic benefit.
Family Member
A spouse, domestic partner, parent, child, sibling, or the spouse or partner of
any of the foregoing.
Confidential Information
Any non-public information related to IAHPC, including but not limited to
strategic plans, financial data, donor information, grant applications,
contracts, internal communications, and records stored electronically.
Contract or Transaction
Any agreement or arrangement involving the sale, purchase, or provision of
goods, services, or rights, excluding charitable contributions made to IAHPC.
4. Conflicts of Interest
A Conflict of Interest exists when a Responsible Person or a Family Member has:
A. Outside Financial Interests
- A contract or transaction between IAHPC and the Responsible Person or Family Member
- A contract or transaction between IAHPC and an entity in which the Responsible Person or Family Member has a Material Financial Interest
B. Outside Activities
- Competing with IAHPC in providing services or programs
- Serving in a leadership, advisory, employment, or consulting role with an organization that competes with or seeks to influence IAHPC
C. Gifts and Favors
Accepting gifts, entertainment, or favors from any individual or entity that:
- Does business with or seeks to do business with IAHPC
- Seeks funding, partnership, or other benefit from IAHPC
- May benefit from an IAHPC decision
Nominal or customary items of insignificant value are permitted if they do not influence decision-making.
5. Disclosure Obligations
All Responsible Persons must:
- Disclose actual or potential conflicts promptly
- Complete an annual Conflict of Interest and Confidentiality Disclosure Form
- Update disclosures as circumstances change
Disclosure does not imply wrongdoing and does not automatically disqualify participation.
6. Procedures for Managing Conflicts
-
A Responsible Person with a Conflict of Interest must disclose all relevant facts to:
- The Chair of the Board, or
- The Chair’s designee
-
The Responsible Person:
- Shall not participate in discussions or decision-making related to the matter
- Shall not attempt to influence the outcome
- Shall not be counted for quorum or voting purposes on the matter
-
Decisions involving a disclosed conflict shall be approved only if:
- The material facts are disclosed, and
- The transaction is fair, reasonable, and in IAHPC’s best interests, and
- Approval is made by disinterested Directors through electronic vote, consistent with the bylaws
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The existence and resolution of the conflict shall be documented in the official
records.
7. Conflicts Involving Non-Directors
If a Responsible Person who is not a Director has a conflict related to an IAHPC activity, the individual must disclose the conflict to the Chair or Executive Director and refrain from participation in the matter.
8. Confidentiality
Responsible Persons shall not disclose or use Confidential Information for personal benefit or for the benefit of another organization. Confidential Information includes information in electronic, written, oral, or digital form, including information stored in secure online systems. Confidential Information may be shared only with authorized persons for legitimate organizational purposes.
9. Annual Review and Acknowledgment
- This policy shall be reviewed periodically by the Board of Directors.
- All Responsible Persons must annually acknowledge in writing that they:
- Have read and understand the policy
- Agree to comply with it
- Have disclosed all potential conflicts
10. Administration
The Board of Directors is responsible for the interpretation and enforcement of this policy. Questions regarding this policy should be directed to the Chair of the Board or the Executive Director.
1 Adopted by the IAHPC Board of Directors in 2009