In response to the issues posed in this scenario, the U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA-APHIS) and the National Institutes of Health Office of Laboratory Animal Welfare (NIH-OLAW) provide the following clarifications.

Response from NIH-OLAW

In this scenario, a nonscientific member of one research institution’s IACUC is asked to serve as the nonaffiliated member of her former employer’s IACUC. As noted by other reviewers, such an arrangement is acceptable because the member in question qualifies as a nonscientist and is not currently affiliated in any way other than as the proposed IACUC member1. In similar circumstances (e.g. an alumnus, former employee or former student), the IACUC should review any potential conflicts of interest due to past affiliation and if determined that no discernable tie or ongoing affiliation exists, recommend the appointment to the Institutional Official and maintain a record of the determination2. Institutions with questions about a prospective IACUC member’s suitability are encouraged to contact OLAW for guidance or to visit OLAW’s website for expanded guidance on PHS Policy requirements for IACUC membership3.

Response from USDA-APHIS

Under the Animal Welfare Act (AWA) and regulations, the IACUC is required to have at least three members consisting of a Chair, the Attending Veterinarian, and a member that is not affiliated in any way with the facility with the intent that the nonaffiliated member represent the public interest regarding the proper care of animals4. In this scenario, a non-scientific member of one research institution’s IACUC is asked to also serve as the nonaffiliated member on the IACUC of her former employer.

The institution seeking to use the former employee is required to ensure all of the regulatory criteria are met namely, the person is not affiliated with the institution other than being a member of the IACUC, and there are no immediate family member affiliations4. We recommend the institution take into consideration as many factors as possible to ensure there is no element of affiliation. These factors include but are not limited to whether the former employee received certification /degree from the institution, and whether the person continues to receive any type of benefit after the employment ended.

The AWA and regulations are silent regarding a person serving on more than one IACUC concurrently. Should someone elect to serve on more than one IACUC, maintaining confidential information becomes especially important. Under the AWA, it is unlawful for any member of an IACUC to release or wrongfully use confidential information such as trade secrets, processes, identities, data, profits, losses, and expenditures5. As a result, the institution should ensure the nonaffiliated member receives instruction that covers responsibilities in accordance with the regulatory requirements for personnel training6. Lastly, the Chief Executive Officer of the institution is required to appoint the person to the IACUC7.