Loading...
HomeMy WebLinkAboutRES 17-166RESOLUTION NO. 17-166 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an Affiliation Agreement between the City of Beaumont EMS Division and Lamar State College Orange for clinical experience and educational purposes under the supervision of the City of Beaumont EMS Division. The Affiliation Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of August, 2017. ayor Becky X AW �- es - AFFILIATION AGREEMENT AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE EDUCATION OF EMERGENCY MEDICAL SERVICES CREDIT COURSE STUDENTS BETWEEN LAMAR STATE COLLEGE ORANGE AND CITY OF BEAUMONT EMS 2017-2018 EXHIBIT "A" I AFFILIATION AGREEMENT EMERGENCY MEDICAL SERVICES PROGRAM The following Affiliation Agreement is entered into between Lamar State College — Orange, Orange, Texas, for and on behalf of the Emergency Medical Services Program, hereinafter referred to as "College" and City of Beaumont EMS hereinafter referred to as "Clinical Affiliate", on behalf of "College" students enrolled in the Emergency Medical Service Program. It is agree by both parties to be of mutual interest to give students an opportunity to utilize the EMS Ambulance as a clinical facility for educational purposes. The "College and "Clinical Affiliate" agree to accept the responsibilities and duties stated herein. 1. It is mutually agreed by the "Clinical Affiliate" and the "College" that the educational program and curricula of the Emergency Medical Services Program is and shall be the responsibility of, and shall be carried out under the direction of personnel of the "College". 2. It is mutually agreed that clinical experiences and supervision for students enrolled in the Emergency Medical Services Program will be provided by "Clinical Affiliate" while the student is participating in the clinical setting. 3. It is mutually agreed that the "College" will select and assign learning experiences for students, and will further provide for teaching, evaluation, overall supervision and record keeping of students. "Clinical Affiliate" instructors will adhere to policies as agreed upon by the two parties and will monitor students adherence to policies mutually agreed upon. 4. It is mutually agree that "College" and "Clinical Affiliate" do not, and will not discriminate against any student, employee or applicant for participation in the learning experience because of race, religion, sex, color, creed, marital status, age, or national origin. 5. It is mutually agreed that the period of assignment, and the number and distribution of students among divisions of the "Clinical Affiliate" will be determined by representatives of the "College" and "Clinical Affiliate". 6. It is mutually agreed that representatives of the "College" and "Clinical Affiliate" shall meet regularly to discuss issues of mutual concern, and to make such suggestions and changes as are need. Both parties will share information pertinent to the Affiliation Agreement. II To carry out these general areas of agreement, the "College" is responsible for and agrees to: 1. Protect the health and safety of all parties by: a. Requiring student to obtain professional liability insurance of no less than $1,000,000 per occurrence and in the aggregate and to provide "Clinical Affiliate" proof of such insurance. b. Requiring an annual health and physical examination at no cost to "Clinical Affiliate". c. Requiring Compliance with Center for Disease Control, Texas Department of State Health Services and "Clinical Affiliate" rules as regarding health, safety, dress and conduct and d. Providing, or otherwise arranging for, faculty and student orientation to "Clinical Affiliate", its major policies, rules and regulations. 2. Make arrangements with the Medical Director and specified designates, for clinical learning experiences need for students prior to each semester, The "College" representative will provide these parties with: a. Name(s) of students; b. Name(s) of faculty; c. Dates, days, times of clinical learning experience as previously agreed upon (in I,5). 3. Arrange for clinical personnel to participate in evaluation of student performance. 4. Make the individual student responsible for equipment damaged or broken due to the student's negligence. 5. Make the individual student responsible for their own health needs including emergency care or follow-up in any accidents (i.e. needle sticks) at the clinical site. 6. Assure that each instructor and student signs an agreement (see Attachment A, incorporated herein by reference) which states that "Clinical Affiliate" has the absolute right and responsibility to terminate an individual's clinical rotation at "Clinical Affiliate" based on attitude and behavior. Such right of "Clinical Affiliate" is not negotiable or subject to discussion. Withdrawal from "Clinical Affiliate" of a student or faculty of the "College" may be requested by "Clinical Affiliate". "Clinical Affiliate" has the right to remove a student from participation under this agreement with or without cause. 7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met: a. The special regulations in the Fair Labor Standards Act covering "student — learners" enrolled in a bona fide technical program are applicable to Program students. b. The "College" is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate of arts, associate of science, associate of applied science degrees and certificates of completion, c. No hourly compensation is applicable to the student — learner while in the Program in the learning experience at "Clinical Affiliates" site. d_ A student is not considered an employee of "Clinical Affiliate" and not eligible for Workers Compensation. 8. Assure confidentiality of patients and "Clinical Affiliate" matters by: a. Instructing faculty and students to maintain the confidentiality of patient and "Clinical Affiliate" information and records. b. Assuring each student and faculty member execute a confidentiality agreement (Attachment A, incorporated herein by reference) before beginning rotation at "Clinical Affiliation" c. Agreeing that any breach of confidentiality will result in the immediate expulsion from "Clinical Affiliate" of the person(s) responsible for the breach and may result in termination of the entire affiliation. The "Clinical Affiliate" is responsible for, and agrees to" 1. Permit the use of clinical facilities by students enrolled in the Emergency Medical Services Program for the purpose of clinical education. 2. Maintain approval by the appropriate state and/or properly designated accrediting body, and inform the "College" of any changes in that approval. 3. Inform the "College" and participate in joint planning, prior to accepting Emergency Medical Services students from any other institutions. 4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or other secure space for student to store coats, books, etc, while on duty. 5. Allow student and faculty access to, and use of, facilities maintained by the "Clinical Affiliate" following specific policies, fees or charges, such as Library or Cafeteria. 6. Charge no fees for clinical experience. 7. Collaborate with Emergency Medical Services educators to influence curricula, including clinical and/or managerial learning experiences, when "Clinical Affiliate" provides clinical facilities for the Emergency Medical Services education program. 8. Assist in evaluating student performance. IV TERMS OF AGREEMENT: Only insofar as it is authorized by law to do so, the "college" agrees to hold the "Clinical Affiliate" harmless from any and all liability for personal injury including injury resulting in death, or damage to property, or both, resulting directly or indirectly from the use by the college of the "Clinical Affiliate's" clinical facility. Nothing in the Affiliation Agreement is to be construed as transferring financial responsibility from one party to another. The terms of the Agreement may be modified upon mutual consent of the parties. Plans to initiate termination of the Agreement may be instituted by either parry upon no less than 6 months within notice by mail. The plans for termination must include specific procedures to assure that there will be no adverse effect to the rights and privileges of students actually enrolled in the program as long as they are making normal progress toward completion. Annual review of the Agreement will be made FOR THE COLLEGE: LSC -O President Director of Allied Health Emergency Medical Services Program Course Coordinator FOR THE CLINICAL AFFILIATE: City Manager City of Beaumont Date Completed Date omp ete ATTACHMENT A Lamar State College Orange EMS Program Student, Contracted and Agency Personnel Confidentiality Statement In consideration of the Beaumont EMS agreeing to provide certain confidential information to Lamar State College Orange EMS Program_ students, Said student(s) provided with confidential information agree to abide by the terms of this statement. A. Patient care information, whether in written, oral, or electronic computer system form, may be accessed only by Beaumont EMS employees or contracted personnel who need that information to perform their job or contractual responsibilities. Patient Care information may only be released to individuals outside the health system by authorized Beaumont EMS employees. B. I understand that this information belongs to the patient and I am only the caretaker and must guard the information appropriately. This includes, but is not limited to, keeping patient information secure, private, and out of public viewing, protecting computerized data by logging off when leaving a work station, and keeping information secure by not discussing patient issues in public areas such as elevators, etc. C. Contracted personnel / students may only access data necessary to perform their contracted responsibilities. Contracted personnel / students agree not to disclose, communicate or use any patient care information in any manner whatsoever other than in the provision of contracted services and, even within the scope of those services, must limit dissemination to those who have signed confidentiality agreements and have a need to know. D. Contracted personnel / students agree not to copy or download this confidential information. If for some reason confidential information must be copied, the contracted personnel / student must obtain permission from Beaumont EMS facility and must return such information to Beaumont EMS' facility immediately after completion of that particular activity. E. The confidentiality of this information survives the termination of your privileges and contracted personnel / student status, F I understand that if I do not keep patient information confidential, or if I allow or participate in the inappropriate dissemination of or access to patient care information, my employer will be sanctioned monetarily and criminal offenses will be reported to the appropriate authorities. G. Contracted personnel / student agree to comply with all state and federal laws applicable to the use of this confidential patient information. My signature attest to the fact that I have read, understand and agree to abide by the terms of this statement and the Beaumont EMS' policies on confidentiality of patient care information (IAA Policy Manual) Name: Contracting company: Signature: Date: