HomeMy WebLinkAboutC13-247 University of Colorado College of Nursing UNIVERSITY OF COLORADO, ANSCHUTZ MEDICAL CAMPUS
COLLEGE OF NURSING
CLINICAL TRAINING AGREEMENT
THIS • INICAL TRAINING AGREEMENT ("AGREEMENT") is made and
entered into on % . „„„ ' , 2013 by and between Eagle County, Colorado a
body corporate and politic ("AGENCY") with principal offices located at500 Broadway,
Post Office Box 850, Eagle, Colorado 81631 and The Regents of the University of
Colorado, a body corporate, for and on behalf of the University of Colorado Denver,
COLLEGE of Nursing ("COLLEGE") at 13120 E. 19th Avenue, Aurora, Colorado 80045.
WHEREAS, the purpose of this AGREEMENT is to guide and direct the parties
respecting their affiliation, working arrangements, and agreements in furtherance
thereof to provide high-quality clinical learning experiences for students in the
COLLEGE's Nursing program.
WHEREAS, neither party intends for this AGREEMENT to alter in any way its
respective legal rights or its legal obligations to the other party, the students assigned to
the AGENCY, or any third party.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
A. Responsibilities of the COLLEGE
1. The COLLEGE will use its best efforts to see that students selected for
participation in the clinical training program are prepared for effective participation in the
clinical training phase of their overall education.
2. The COLLEGE will retain ultimate responsibility for the education of its
students.
3. The COLLEGE will provide qualified and competent faculty members at the
COLLEGE in adequate number for the instruction and supervision of students using the
AGENCY facilities.
4. The COLLEGE will instruct all students assigned to the AGENCY facilities in
the confidentiality of patient/client records, patient/client information imparted during the
training experience, and will ensure all students complete the COLLEGE's training
modules necessary to comply with its HIPAA requirements as a covered entity. The
COLLEGE will also instruct all students that the confidentiality requirements survive the
termination or expiration of this AGREEMENT.
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$. The COLLEGE will require all participating students to provide proof of health
insurance. In the event of an emergency, the AGENCY will provide such emergency
care asl is provided its employees. The student will be responsible for any charges thus
generated if the charges are not covered under the Colorado Workers' Compensation
Act.
$. The COLLEGE will encourage student compliance with the facility's rules,
regulatipns, and procedures, and use its best efforts to keep students informed as to the
same aid any changes therein. Specifically, the COLLEGE will keep each participating
student apprised of his or her responsibilities.
7. The COLLEGE has an equal opportunity/affirmative action program and does
not discriminate on the basis of race, sex, creed, color, age, national origin, sexual
orienta1on, or individual handicap in any aspect of employment or training. The
institution's \educational programs, activities, and services offered to students, faculty,
and/or employees are administered on a nondiscriminatory basis subject to the
provisions of Title VI and VII of the Civil Rights Act of 1964, Titles VII and VIII of the
Public IHealth Services Act, the Rehabilitation Act of 1973 (Section 504), the Equal Pay
Act of 1963 as amended, Title IX of the Educational Amendments of 1972, the Vietnam
Era Veteran's Readjustment Assistance Act of 1974, and the nondiscrimination laws of
the State of Colorado.
$. The COLLEGE warrants and represents that it self-insures for professional
liability Insurance for itself and for its public employees and students who provide health
care services pursuant to the Colorado Governmental Immunity Act (C.R.S. §§24-10-
101 through 24-10-120). The COLLEGE agrees that its self-insurance program will
provid coverage in accordance with the limits of the Colorado Governmental Immunity
Act. Thp Colorado Governmental Immunity Act provides that the maximum amount that
may be recovered against a public entity or public employee will be (a) $150,000 for any
injury W one person in a single occurrence, and (b) $600,000 for any injury to two or
more persons in any single occurrence (except that no person may recover in excess of
$150,000). [For those approved activities that take place in a state other than Colorado,
or in the event a court of competent jurisdiction determines on final judgment that the
limits Of the Colorado Governmental Immunity Act do not apply, the University of
Colorado Self-Insurance and Risk Management Trust has provided for professional
liability insurance coverage of at or above $1,000,000/$3,000,000 through a commercial
insurance policy, to the extent that such policy would cover the actions of students from
the COLLEGE participating under this Agreement.]
$. Further, all students subject to the provisions of §8-40-101 C.R.S. et seq., and
participating in educational programs conducted by or administered through the
COLLEGE, will be covered under the Colorado Workers' Compensation Act. The
COLLEGE will be responsible for providing workers' compensation and liability
coveragie for students of COLLEGE at the AGENCY.
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10. The COLLEGE shall inform its students that they must obtain prior written
approval from the AGENCY and the COLLEGE before publishing any material related to
the clinical educational experience.
B. Responsibilities of the AGENCY
1. The AGENCY has a responsibility to maintain a learning environment in which
sound educational experiences can occur, therefore, the AGENCY will provide physical
facilities and learning opportunities for the clinical study of nursing.
2. The AGENCY will provide the opportunity for students and faculty to observe
and participate in agreed upon services provided by the AGENCY.
3. The AGENCY will retain full responsibility for care of the patients and will
maintain administrative and professional supervision of students insofar as their
presence and program assignments affect the operation of the AGENCY and its care,
direct and indirect, of patients.
4. The AGENCY will provide adequate clinical facilities for participating students
in accordance with the clinical objectives developed through cooperative planning by
the COLLEGE's departmental faculty and the AGENCY's staff.
5. The AGENCY staff will, upon request, assist the COLLEGE in the evaluation
of the learning and performance of participating students.
6. To the extent possible, the AGENCY will provide for the orientation of
COLLEGE's participating students as to the AGENCY's philosophies, rules, regulations,
and policies of the AGENCY. Attendance at such orientation will be required before any
student will be permitted to participate in the program.
7. The AGENCY will limit access to students' files and personal information and
will maintain files and personal information in confidence and limit access to only those
employees or agents with a need to know and further agrees to comply with the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA") and its implementing
regulations and all applicable federal and state laws and regulations concerning the
confidentiality of such student information to the same extent as such laws and
regulations apply to the COLLEGE. For the purposes of this Agreement, pursuant to
FERPA, COLLEGE hereby designates AGENCY as a school official with a legitimate
educational interest in the educational records of the student(s) who participate in the
Program to the extent that access to the records is required by AGENCY to carry out
the Program.
8. AGENCY is a governmental entity that is self-insured. Notwithstanding any
other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions of the
Colorado Governmental Immunity Act.
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S. The AGENCY will provide written notification to the COLLEGE promptly if a
claim arises involving a student.
10. The AGENCY will permit, on reasonable request, the inspection of clinical
and related facilities by agencies charged with the responsibility for accreditation of the
COLLEGE.
11. The AGENCY will resolve any situation in favor of its patients' welfare and
restrict a student to the role of observer when a problem may exist until the incident can
be resolved by the staff in charge of the student or the student is removed.
12. The AGENCY shall designate a Clinical Educator. The AGENCY shall notify
the COLLEGE of the temporary absence (more than one week) of the Clinical Educator
and designate an acting Clinical Educator.
C. Mutual Responsibilities
1. Representatives for each party will be established on or before the execution
of this 4GREEMENT.
. The parties will work together to maintain an environment of quality patient
care. At the insistence of either party, a meeting or conference will promptly be held
between COLLEGE and AGENCY representatives to resolve any problems or develop
any improvements in the operation of the clinical training program.
3. The personnel of both parties will seek each other's cooperation in carrying out
the provisions of this AGREEMENT. During the term of this AGREEMENT,
arrangements may be made for periodic meetings between representatives of the
COLLEGE and representatives of the AGENCY to promote understanding of and
adjustments to any operation or activity involved herein.
4. The AGENCY may request the removal of any student whom the AGENCY
determines is not performing satisfactorily, or who refuses to follow the applicable
administrative and patient care policies, procedures, rules, and/or regulations. Such
request must be in writing, and must include a statement of the reason or reasons why
AGENCY desires to have the student removed. The student must be afforded by the
COLLEGE an opportunity to respond in writing to the statements. However, AGENCY
may imknediately remove from the premises any student who poses an immediate
threat or danger to personnel or to the quality of medical services, or for unprofessional
behavior.
D. Term and Termination
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This AGREEMENT will commence as of the date first written above and will
continue for one year. This AGREEMENT may be extended in writing for additional one
year terms upon mutual agreement of AGENCY and COLLEGE. This AGREEMENT
may be canceled at any time and for any reason by either party upon not less than thirty
(30) days prior written notice to the other party. Should notice of termination be given
under this Section, students then scheduled to AGENCY will be permitted to complete
any previously scheduled clinical assignment at AGENCY.
E. Governing Law
The laws of the State of Colorado and rules and regulations issued pursuant
thereto will be applied in the interpretation, execution, and enforcement of this
AGREEMENT. Any provisions of this AGREEMENT, whether or not incorporated
herein by reference, that provide for arbitration by any extra-judicial body or person or
that are otherwise in conflict with said laws, rules, and regulations will be considered
null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this provision in whole or in part will be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the
remainder of this AGREEMENT to the extent that the AGREEMENT is capable of
execution.
F. Employment Disclaimer
The students participating in the program will not be considered employees or
agents of the AGENCY for any purpose. Students will not be entitled to receive any
compensation from AGENCY or any benefits of employment from AGENCY, including
but not limited to, health care or workers' compensation benefits, vacation, sick time, or
any other benefit of employment, direct or indirect. AGENCY will not be required to
purchase any form of insurance for the benefit or protection of any student of the
COLLEGE.
G. Assignment
This AGREEMENT will not be assigned by either party without the prior written
consent of the other.
H. Governmental Immunity
It is specifically understood and agreed that nothing contained in this paragraph
or elsewhere in this AGREEMENT will be construed as: an express or implied waiver
by the COLLEGE or AGENCY of its governmental immunity or of the governmental
immunity of the State of Colorado; an express or implied acceptance by the COLLEGE
or AGENCY of liabilities arising as a result of actions which lie in tort or could lie in tort
in excess of the liabilities allowable under the Colorado Governmental Immunity Act,
C.R.S. §24-10-101 et seq.; a pledge of the full faith and credit of a debtor contract; or,
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as the assumption by the COLLEGE or AGENCY of a debt, contract, or liability of the
AGENCY or COLLEGE as applicable in violation of the Constitution of Colorado.
I. Notices
411 notices provided by either party to the other will be in writing, and will be
deemec to have been duly given when delivered personally or when deposited in the
United tates mail, First Class, postage prepaid, addressed as follows:
For the'Agency: For the COLLEGE:
Jennie Wahrer, RN Amy Barton, PhD, RN
Matern*l & Child Health Manager Associate Dean for Clinical Affairs
Eagle County Public Health CU COLLEGE of Nursing, Mail Stop 288-5
P.O. Box 660 13120 E. 19th Avenue
Eagle, Co 81631 Aurora, Colorado 80045
J. Evidence of Immunization/Health Status
If applicable, the AGENCY shall notify the COLLEGE of any requests for
evidence of immunization. The COLLEGE will then provide evidence to the AGENCY
of any required immunizations for its students.
K. Responsibility for Injuries
The AGENCY will be responsible to the extent permitted by law and within the
limits of the Colorado Governmental Immunity Act for any claim or cause of action
based solely upon the negligence of its employees involved in providing services related
to this agreement.
Pursuant to the Colorado Governmental Immunity Act, the COLLEGE agrees to
be responsible for injuries sustained solely from an act or omission of its public
employee, or where specifically permitted by the Colorado Governmental Immunity Act,
a student, occurring during the employee's duties and within the scope of his/her
employ ent, unless the act or omission is willful and wanton or where sovereign
immunity bars the action against the COLLEGE.
Notwithstanding the foregoing, in no event shall either party be liable hereunder
(whether in an action in negligence, contract or tort or based on a warranty or
otherwi$e) for loss of profits or revenue, or any indirect, incidental, special or
consequential damages incurred by the other party or any third party, even if the party
has been advised of the possibility of such damages, except that this limitation shall not
apply td damage to tangible property or injuries to persons, including death.
L. $everability •
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Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this AGREEMENT to the extent that the AGREEMENT is
capable of execution.
M. Headlines
Headlines in this AGREEMENT are for convenience only.
N. Entire Agreement
This AGREEMENT contains the entire AGREEMENT of the parties and may be
modified only by a written instrument executed by both parties.
In WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed effective as of the date first written above.
COLLEGE: AGENCY:
THE REGENTS OF THE UNIVERSITY EAGLE COUNTY, RADO
OF OLORADO, a body corporate Aar
l' B
Sarah Thompson, PhD, RN, FAAN Name: Keith Montag
Dean, UCD College of Nursing Title: CwrIty Manager
gk' 1411
Date Date
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