Rules and Procedures of the 2005–2010 Council of Experts

2. Standards of Conduct

2.01 Code of Ethics

Members of the Council of Experts, Expert Committees and ad hoc Advisory Panels shall be required to adhere to the USP Code of Ethics and related USP Policies, copies of which are available on USP's Web site.

2.02 Representation

Members of the Council of Experts, Expert Committees, and ad hoc Advisory Panels serve USP as individual experts; they do not serve any outside interest. A member of the Council of Experts, an Expert Committee, or ad hoc Advisory Panel shall not use his or her membership in any way that is, or appears to be, motivated by private gain for himself, herself or any outside interest.

2.03 Performance Assessments

Members of the Council of Experts, Expert Committees, and ad hoc Advisory Panels are subject to performance assessments as needed to help evaluate their effectiveness as members of such bodies. The results of such assessments shall be shared with the member and with the chairperson of the body to which the member belongs.

2.04 Removal

Pursuant to Chapter VI, Section 11 and Chapter VII, Section 18 of the Bylaws, a member of the Council of Experts or an Expert Committee may be removed for cause by the Board of Trustees, upon recommendation of the Chairperson of the Council of Experts (referred to in these Rules and Procedures as the "CoE Chairperson") or the Executive Committee.

2.05 Conflict of Interest

(a) Prohibition on Voting. As set forth in Chapter VII, Section 7 of the Bylaws, no member of the Council of Experts, an Expert Committee or ad hoc Advisory Panel who has a financial or other interest that may conflict, or may appear to conflict, with his or her duties and responsibilities with respect to a particular matter, shall vote on such matter. An employee's interest shall be presumed to coincide with that of his or her employer. It is the responsibility of each member to inform the USP Executive Secretariat, the Scientific Liaison, and/or the chairperson of a particular Expert Committee or ad hoc Advisory Panel should a situation arise in which he or she has or may have a conflict of interest.

(b) Recusal. Where it appears that a conflict of interest may exist, or may be perceived to exist, any Council of Experts, Expert Committee, or ad hoc Advisory Panel member may excuse himself or herself from a Council of Experts, Expert Committee, or ad hoc Advisory Panel deliberation. Any member may be excused from such a deliberation by an affirmative vote of not less than two–thirds of the members of the deliberating body, other than himself or herself. The minutes of such meeting shall note that the member was excused from such deliberation.

(c) Assignment of Work. No member shall be assigned the primary responsibility to work on an issue or question in which he or she has a conflict of interest or the appearance of a conflict of interest. He or she may, however, provide relevant scientific information and may participate in discussions regarding such issue or question; providing, however, that final discussion, deliberation and vote on such issue or question shall be conducted without such member present.

(d) Conflict of Chair. In the case where the chairperson of an Expert Committee or ad hoc Advisory Panel has a conflict of interest or the appearance of a conflict of interest, the vice chairperson will serve or, if the vice chairperson is also conflicted, a designated non–conflicted member shall serve.

2.06 Conflict of Interest Statements

(a) Requirement. Each member of the Council of Experts, the Expert Committees, and ad hoc Advisory Panels shall submit to USP a statement of all employment, professional research, organizational memberships, and financial interests that relate either directly or indirectly to his or her duties and responsibilities. The conflict of interest statement shall be updated by the member as necessary to keep it current or as requested periodically by USP.

(b) Failure to Submit Statement. If a member of the Council of Experts, Expert Committee, or ad hoc Advisory Panel fails to submit a conflict of interest statement, that member will not be allowed to participate in Expert Committee or ad hoc Advisory Panel deliberations.

2.07 Identification and Resolution of Conflict Issues.

The chairperson of an Expert Committee or ad hoc Advisory Panel, together with appropriate USP staff, shall review conflict of interest statements on an ongoing basis to identify potential conflicts of interest. Where a potential conflict of interest arises, the chairperson and USP staff shall work with the individual, and if necessary, the USP Executive Secretariat and USP Secretary, to resolve the matter. If the matter cannot be resolved in this manner, the question shall be referred to the Executive Committee for resolution. Except as specified herein, the information provided in conflict of interest statements shall be kept confidential.

2.08 Confidentiality

(a) Obligation to Maintain Confidentiality. Each member of the Council of Experts, the Expert Committees, and ad hoc Advisory Panels shall maintain the confidentiality of all information gained in the course of his or her activities as a Council of Experts, Expert Committee or ad hoc Advisory Panel member, and shall not use or disclose such information for any purpose, unless such information is already publicly available. In case of doubt as to whether information is deemed confidential, the information shall be treated as confidential until otherwise indicated by the USP Executive Secretariat or USP Secretary.

(b) Confidentiality Agreement. Prior to assuming office, each member of the Council of Experts, Expert Committee, or ad hoc Advisory Panel shall sign a confidentiality agreement with USP.

(c) Failure to Submit Confidentiality Agreement. If a member of the Council of Experts, Expert Committee, or ad hoc Advisory Panel fails to submit a confidentiality agreement, that member will not be allowed to receive any confidential information or participate in the Expert Committee or ad hoc Advisory Panel deliberations.