A law recently enacted will ensure that all NIH-funded research results are available free of charge to the public. The Consolidated Appropriations Act, 2008 requires the NIH to implement policy obligating all investigators funded by the NIH to submit to the National Library of Medicine's online archive, known as PubMed Central, an electronic version of their final, peer-reviewed manuscripts no later than 12 months after the official date of publication. The manuscripts will then be available to the public for free on the PubMed Central website.
The current NIH public access policy encourages but does not require NIH-funded researchers to submit their manuscripts to PubMed. As a result, the NIH found that less than 4% of investigators choose to submit their manuscript to PubMed, and instead submit to journals that require the public to pay to read the manuscript. The rationale behind the Act is that taxpayers have already paid for the research through their taxes, so they should not have to pay again to read the results. This law is a part of the government's recent efforts to ensure transparency in research results and that the public has access to credible and current information regarding scientific research
Institutions should take measures to ensure compliance with this mandate, including reviewing their policies, educating investigators about their obligations and adding appropriate language to clinical trial, grant and sponsored research agreements.
We will continue to monitor theAct and keep you informed as to changes and updates in the law.
If you have any questions regarding this Client Alert, please contact:
Cathy J. Frankel
(212) 554-7848
cfrankel@mosessinger.com
Linda A. Malek
(212) 554-7814
lmalek@mosessinger.com
Jill E. Anderson
(212) 554-7836
janderson@mosessinger.com
Samuel J. Servello
(212) 554-7872
sservello@mosessinger.com
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