CLINICAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND FLORIDA MEDICAL TRAINING INSTITUTE, INC. WHEREAS, the parties hereto recognize that THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA (the "SCHOOL BOARD") is in need of health care facilities to teach career education students pursuant to the Florida Department of Education Cluster Curriculum Frameworks for Health Science Education and the SCHOOL BOARD'S policies and procedures; and WHEREAS, the parties hereto recognize their mutual interest in promoting those educational goals and objectives of the State Department of Education and the SCHOOL BOARD of promoting excellence in health care; and WHEREAS, Florida Medical Training Institute, Inc. (the "PROVIDER") desires to provide the necessary health care facility to assist in the health science career education program. NOW THEREFORE, in consideration of the mutual covenants and Agreements expressed herein, both parties therefore agree as follows: I. PARTICIPATING AGENCIES: The participating agencies in this Agreement are THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA and, Florida Medical Training Institute, Inc. II. STATEMENT OF AGREEMENT: This is an agreement between the PROVIDER and the SCHOOL BOARD whereby the PROVIDER will accept students from the SCHOOL BOARD'S career education programs as listed below for supervised learning experiences in the care of patients, in accordance with the provisions set forth in this Agreement. REVISED: February, 2009 -1-
Transcript
CLINICAL AGREEMENTBETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDAAND
FLORIDA MEDICAL TRAINING INSTITUTE, INC.
WHEREAS, the parties hereto recognize that THE SCHOOL BOARD OFPALM BEACH COUNTY, FLORIDA (the "SCHOOL BOARD") is in need ofhealth care facilities to teach career education students pursuant to theFlorida Department of Education Cluster Curriculum Frameworks forHealth Science Education and the SCHOOL BOARD'S policies andprocedures; and
WHEREAS, the parties hereto recognize their mutual interest in promotingthose educational goals and objectives of the State Department ofEducation and the SCHOOL BOARD of promoting excellence in healthcare; and
WHEREAS, Florida Medical Training Institute, Inc. (the "PROVIDER")desires to provide the necessary health care facility to assist in the healthscience career education program.
NOW THEREFORE, in consideration of the mutual covenants andAgreements expressed herein, both parties therefore agree as follows:
I. PARTICIPATING AGENCIES:
The participating agencies in this Agreement are THE SCHOOL BOARDOF PALM BEACH COUNTY, FLORIDA and, Florida Medical TrainingInstitute, Inc.
II. STATEMENT OF AGREEMENT:
This is an agreement between the PROVIDER and the SCHOOL BOARDwhereby the PROVIDER will accept students from the SCHOOLBOARD'S career education programs as listed below for supervisedlearning experiences in the care of patients, in accordance with theprovisions set forth in this Agreement.
REVISED: February, 2009 - 1 -
SECONDARY HEALTH SCIENCE EDUCATION PROGRAMS
Health Science CareersAllied Health Assisting
Dental AideElectrocardiograph Aide
First ResponderHealth Unit Coordinator
Home Health AideMedical Laboratory Assisting
Nursing AssistantPractical Nursing
Health Occupations Cooperative Education-OJT
Health Occupations Education Directed Study
A. GENERAL PROVISIONS OF THE AGREEMENT:
1. The parties agree that the foregoing recitals are true and correctand are incorporated herein by this reference.
2. The education of the student shall be the primary purpose of thetraining program.
3. Any student assigned to this clinical training program shall beproperly supervised at all times by the PROVIDER when student ison the PROVIDER'S premises.
4. Neither the SCHOOL BOARD nor PROVIDER shall be responsiblefor the students' personal property.
5. Students shall not be financially compensated for the clinicaltraining they receive pursuant to this Agreement, except as legallypermitted for the On-the-Job Training Program.
6. The PROVIDER may include the instructors of the SCHOOLBOARD at staff meetings when policies are discussed that willaffect or are related to the approved programs. The PROVIDERshall, at all times, provide the SCHOOL BOARD instructors withwritten notice of changes in policy and procedures in a timelymanner, especially as such changes relate to or affect theapproved educational programs
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B. SPECIFIC PROVISIONS REGARDING HEALTH SCIENCE CAREERS:
1. HEALTH SCIENCE CAREERS (Allied Health Assisting, Dental Aide,Electrocardiograph Aide, First Responder, Health Unit Coordinating,Home Health Aide, Medical Laboratory Assisting, Nursing Assisting,Practical Nursing).
a. The clinical experiences shall consist of no more than half of theinstructional time unless deemed necessary by the supervisinginstructor.
b. Classes will be conducted during normal school hours or accordingto a prearranged schedule.
c. The number of students scheduled on the PROVIDER'S premisesand student assignments shall be planned by the PROVIDER'Sstaff and the SCHOOL BOARD instructor.
2. NURSING ASSISTANT
a. The PROVIDER agrees to accept a maximum number of twelvestudents per teacher for clinical educational experiences at onetime. The teacher/student ratio shall be no more than 1:12.
b. The educational program shall consist of classroom instruction,laboratory practice and clinical experience with a minimum of forty(40) hours in a clinical setting.
3. PRACTICAL NURSING
a. The PROVIDER agrees to be responsible for the guidance andsupervision of students, particularly in restricted areas such asIntensive Care and Coronary Care Units, Recovery Room,Emergency Room, Obstetrics and Pediatrics.
b. The educational program of 1350 hours shall consist of classroominstruction, laboratory practice and clinical educational experiences.Classes will be conducted during normal school hours or aprearranged schedule.
c. The clinical education experience shall makeup at least 50% of thetotal program. The teacher/student ratio shall be 1:12 (Chapter464, Florida Statutes- Nursing Programs; Florida AdministrativeCode -6489-2.008- Clinical Training).
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d. The SCHOOL BOARD will maintain standards recommended bythe Rules and Regulations of the Florida State Board of Nursing,the Department of Education and the national accrediting agency.
4. FIRST RESPONDER
a. The number of students scheduled and the length of time thestudent will be assigned to the PROVIDER'S premises will beplanned by the PROVIDER'S staff and the SCHOOL BOARDinstructor.
b. The educational program shall consist of no more than 150classroom hours and 25 hours observational ride time. Classes willbe conducted during the normal school hours or according to aprearranged schedule.
c. The PROVIDER will provide and supervise the students inobservational ambulance experiences. Arrangements will be madeso that the PROVIDER and the SCHOOL BOARD instructor willconfer in a timely manner.
d. The SCHOOL BOARD will conduct the program in accordance withFlorida Department of Education and Florida Department of Healthguidelines.
C. THE SCHOOL BOARD'S RESPONSIBILITY:
1. To maintain standards and procedures as recommended by theFlorida Department of Education and the state occupationalgoverning board (s) in accordance with the programs housed withinthe PROVIDER'S facility.
2. To maintain standards for participating students and facility whichinclude but are not limited to, requirements for physicalexamination, T.B. screening, MMR (measles, mumps, rubella)vaccination, tetanus, Varicella Titer or chicken pox vaccination,Hepatitis B vaccine (faculty/students to show documentation) ordeclination form and education on universal precautions and bloodborne pathogens.
3. To employ qualified instructors who shall be responsible forconveying the philosophy and objectives of the SCHOOL BOARDand for developing the curriculum.
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The instructor shall be responsible for:
a. Selecting assignments in cooperation with the PROVIDER'Spersonnel and supervising students in their learningexperiences when applicable.
b. Planning concurrent related instruction (informal and formalclassroom) as needed to meet the objectives of the program.This instruction will be scheduled during the regular schoolday.
c. Maintaining individual records of class and clinicalinstruction, practice and evaluation of student competencyand health.
d. Preparing a clinical/observation rotation plan for services tobe used for experience and securing the written approval ofthe plan from the PROVIDER prior to the beginning of theaffiliation. Before any material changes are made in theplan, they will be discussed and approved in writing by theadministrator of the facility or designated person.
e. Interpreting to agency and health care personnel the roles ofthe student within the occupation being taught, providedsuch interpretations are acceptable to the administrator ofthe facility.
4. To be responsible for the education of the student.
5. To be responsible for selecting learning experiences for thestudents, with the assistance and cooperation of the PROVIDER'Spersonnel.
6. To ensure that a SCHOOL BOARD instructor or schooladministrator is available for consultation by phone/pager or routinesupervisory visits during times students are participating in clinicalexperiences.
7. To comply with the applicable established policies and practices ofthe PROVIDER as provided to the SCHOOL BOARD. (Policiespresented for review and mutual acceptance.)
8. To recognizes its liability for certain tortious acts of its agents,officers, and employees to the extent and limit provided in Section768.28, Florida Statutes, the State of Florida's partial waiver ofsovereign immunity; provided, however, this provision shall not beconstrued as a waiver of any right or defense that the SCHOOL
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BOARD may possess and the SCHOOL BOARD reserves all suchrights as against any and all claims that may be brought under thisAgreement.
D. THE PROVIDER'S RESPONSIBILITY:
1. To make available to instructors and students appropriate facilitiesand supervision for clinical services and planned learningexperiences related to the approved program curriculum.
2. To provide guidance and supervision of the students while on theirpremises.
3. To provide instructors and students with emergency first aid care incase of illness or accident while on duty. It shall be theresponsibility of the person who becomes ill or injured to pay forhis/her own care.
4. To provide the site and educational opportunities for the clinicalexperiences and cooperate with and assist the faculty of theSCHOOL BOARD through its health science education staff.
5. To allow SCHOOL BOARD students and faculty to use any of theexisting food services at PROVIDER's location, at student and/orfaculty expense.
10. When applicable and available, provide a conference/meeting roomfor the SCHOOL BOARD'S use with adequate lighting andventilation to accommodate twelve persons.
11. To assume all patient care responsibility including responsibility forthe guidance and supervision of students when on their premises,particularly in patient contact areas. The clinical faculty will directstudents and instruct them in the procedures to follow relative topatient care.
12. To execute the Beneficial Interest and Disclosure of Ownership Affidavit,which is attached hereto as Exhibit "A" and incorporated by this reference.
13. To execute the Contract/Agreement Addendum Concerning StudentInformation, which is attached hereto as Exhibit "B" and incorporated hereinby this reference.
REVISED: February, 2009 - 6 -
E. THE SCHOOL BOARD POLICIES:
1. The educational program shall consist of classroom instruction, andlaboratory practice experiences in selected learning situations inhealth care agencies. The division and arrangement of time toinclude the theoretical and clinical learning experiences shall bedetermined by the instructors, and be based upon the needs of thestudents for specific learning experiences to meet the objectives ofthe program.
2. Students will be given holidays as provided in the regularschool calendar.
F. REQUEST FOR WITHDRAWAL OF STUDENT/FACUL TV:
The participating PROVIDER has the right to demand the SCHOOLBOARD withdraw any student/faculty from its facility whose conduct, non-adherence to the dress code, work with patients, or general work andbehavior is, in the reasonable opinion of the administrator of the healthcare facility, not in accordance with acceptable standards of performanceand ethics. Students/faculty will be removed in accordance with SCHOOLBOARD policy.
The SCHOOL BOARD may at any time withdraw, in accordance with law,a student/faculty whose progress, conduct, or work does not meet thestandards of the SCHOOL BOARD for continuation in the assigned areaor program.
Not withstanding anything to contrary, removal of SCHOOL BOARDfaculty from the facility or the Program will be in accordance with law.
G. TERMINATION OF AGREEMENT:
Each party reserves the right to terminate this Agreement at any time andfor any reason, upon giving thirty (30) days written notice to the otherparty, provided that all students currently enrolled in the Program at thePROVIDER'S facility at the time of notice of termination shall be given theopportunity to complete their clinical Program at facility, such completionnot to exceed twelve (12) months. If said Agreement should beterminated for convenience as provided herein, each party will be relievedof all obligations under this Agreement. For purpose of notice, theSCHOOL BOARD representative shall be the Director of the ChoicePrograms and School Choice of the School Board of Palm Beach County.
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H. STUDENT INSURANCE:
Each student shall provide proof of professional liability insurancecoverage with minimum limits of $1,000,000/$10,000,000, at SCHOOLBOARD' S expense. Students will be encouraged to be covered by theirown health and accident plan.
I. MODIFICATION OF AGREEMENT:
Modification of the agreement shall be made only upon mutual consent ofboth parties in writing and an addendum shall be executed by both partieshereto.
J. NON-DISCRIMINATION:
The PROVIDER agrees not to discriminate against any student in anymanner whatsoever on account of race, creed, color, age, sex, religion,handicap, national origin, or martial status.
K. LENGTH OF AGREEMENT:
This Agreement will be effective on the date fully executed by all partiesand extend through June 30, 2015.
L. If the PROVIDER is a governmental entity, the following clause is herebyincorporated into this Agreement:
Indemnification:
The PROVIDER recognizes its liability for certain tortious acts of itsagents, officers, employees and invitees, and agree to be responsiblerespectively for all claims, liability, losses, and/or causes of action thatmay arise from any of its negligent acts or omissions due to the acts of itsagents, servants, or employees to the extent and limits provided in Section768.28, Florida Statutes, the State of Florida's partial waiver of SovereignImmunity.
M. In the event the PROVIDER is not a governmental entity, the followingclauses are hereby incorporated into this Agreement:
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Indemnification:
The PROVIDER shall, in addition to any other obligation to indemnify theSCHOOL BOARD and to the fullest extent permitted by law, protect,defend, indemnify and hold harmless the SCHOOL BOARD, its agents,officers, elected officials and employees from and against all claims,actions, liabilities, losses (including economic losses), costs arising out ofany actual or alleged bodily injury, sickness, disease or death, or injury toor destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to haveresulted in whole or in part from any actual or alleged act or omission ofPROVIDER, or anyone directly or indirectly employed by PROVIDER, orof anyone for whose acts any of PROVIDER may be liable in theperformance of the work or violation of law, statute, ordinance,governmental administration order, rule or regulation in the performance ofthe work; claims or actions made by PROVIDER or other party performingthe work. Any reasonable costs or expenses, including reasonableattorney's fees, incurred by the SCHOOL BOARD to enforce thisAgreement shall be borne by PROVIDER. PROVIDER recognizes thebroad nature of this indemnification and hold harmless article, andvoluntarily make this covenant for good and valuable considerationprovided by SCHOOL BOARD in support of this indemnification inaccordance with the laws of the State of Florida. This article will survivethe termination of this Agreement.
N. Insurance Clause
Provider agrees that if it is self-insured as authorized by Florida statutesand it meets all the requirements of such authorizing statute, it will providea certificate of self-insurance outlining this coverage to the School Board.If Provider, however, is not self-insured, Provider agrees that it will providea certificate of insurance by a company or companies approved by theSCHOOL BOARD. Such certificate of insurance meeting therequirements specified within this Agreement shall be forwarded with theAgreement, and approved prior to the start of any action in furtherance ofthe performance of this Agreement. Renewal certificates must beforwarded prior to the policy renewal date. Thirty days written notice mustbe provided to the SCHOOL BOARD, via certified mail, in the event ofcancellation. WORKER'S COMPENSATION: The PROVIDER mustcomply with Chapter 440, Florida Statutes, worker's compensation andEmployees' Liability Insurance with minimum statutory limits.COMPREHENSIVE GENERAL LIABILITY: The PROVIDER shallprocure and maintain, for life of this Agreement, Comprehensive GeneralLiability lnsurance. This policy shall provide coverage for death, bodilyinjury, or property damage. The minimum limits of coverage shall be$1,000,000 per occurrence, Combined, Single Limit for Bodily InjuryLiability and Property Damage Liability.
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III. CONFIDENTIAL INFORMATION AND RECORDS
PROVIDER recognizes that it may receive access to confidential studentrecords. In the event that PROVIDER is requested or required under compulsionof legal process to disclose any such confidential information to any outsideparty, PROVIDER will not, unless required by law, disclose the confidentialinformation until the SCHOOL BOARD and the SCHOOL BOARD'S ChiefCounsel have each first (i) received prompt written notice of such request orrequirement to disclose, and (ii) had an adequate opportunity to obtain aprotective order or other reliable assurance that confidential treatment will beaccorded the confidential information. PROVIDER shall not oppose actions bythe SCHOOL BOARD or its Chief Counsel to assure such confidential treatment.
The SCHOOL BOARD, its students, and instructors recognize that PROVIDER'Spatient records to which SCHOOL BOARD, its students, and instructors mayhave access, constitute confidential health care information covered by one ormore privacy and confidentiality laws, regulations and or rules, including HIPAA.The SCHOOL BOARD, its students, and instructors, shall be bound by all legalrequirements for protection of this type of information.
IV. JURISDICTION AND VENUE:
This Agreement shall be governed by the laws of the State of Florida and if anydispute arises, then venue shall be in Palm Beach County.
V. COPIES OF THIS AGREEMENT:
Copies of this contractual agreement shall be submitted to the office of the StateBoard of Nursing and Florida State Department of Education.
Copies of this contractual agreement shall be placed on file in theSecondary/Career Education Department.
