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HomeMy WebLinkAbout20033142 RESOLUTION RE: APPROVE AGREEMENT FOR CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Clinical Experience between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the University of Northern Colorado, College of Health and Human Sciences, School of Nursing, commencing December 1,2003,and ending November 30, 2006,with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Agreement for Clinical Experience between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Department of Public Health and Environment, and the University of Northern Colorado,College of Health and Human Sciences,School of Nursing,be,and hereby is,approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 12th day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COUNTY C O ADO ATTEST: gieil ` IL , ``• vid E. Long, Chair Weld County Clerk to 9,,: ' . _;� • BY: =� Robert D. den, Pro-Tem 11 Deputy Clerk to the B +» � M. J. eile APP AS O Willis H. Jerke unt torn y 1/45 Glenn Vaad ate of signature: 2003-3142 HL0030 ('�.' /7L (5o-;n)) 4)/0 /0_3 n� State of Colorado University of Northern Colorado College of Health 8 Human Silences School of Nursing Contract Routing No.GKA040075 CLINICAL EXPERIENCE AGREEMENT BETWEEN UNIVERSITY OF NORTHERN COLORADO COLLEGE OF HEALTH AND HUMAN SCIENCES SCHOOL OF NURSING AND Weld County Department of Public Health and Environment THIS CLINICAL EXPERIENCE AGREEMENT, entered into academic and clinical coursework prior to their selection for as of the 1'r day of November, 2003, by and between the the clinical experience. State of Colorado acting by and on behalf of the Board of Trustees of the University of Northern Colorado, College of 1.5 School shall instruct all students assigned to the Health and Human Sciences, for and on behalf of the Agency facility as to the legal and ethical standards for School of Nursing, Campus Box 125, 501 20th Street, confidentiality of records and patient/client data imparted Greeley, Colorado 80639 (hereinafter referred to as during the clinical experience. "School" or "State"), and the Weld County Department of Public Health and Environment, 1555 N. 17th Avenue, 1.6 School faculty, staff and students shall not be Greeley CO 80631, a body politic, hereinafter referred to as considered Agency employees for any purpose and said "Agency"or"Contractor". persons shall not hold themselves out as employees or agents of Agency or otherwise make any representation or RECITALS: commitments on behalf of Agency. A. School of Nursing offers nursing education programs at 1.7 School faculty shall orient students to the Agency the Baccalaureate and Masters levels,and unless otherwise agreed upon. B. Agency has certain facilities available for clinical 1.8 School faculty and students will adhere to the rules, experiences and desires to provide such facilities for regulation, procedures and standards of the Agency. educational purposes in the preparation of students of the nursing programs,and 1.9 School will inform student(s) of their responsibility to maintain and to provide upon request a current health C. School and Agency desire to establish a policy as to their record showing the student's physical status, including: a) respective responsibilities, and to reduce their agreement to three Hepatitis B vaccination and laboratory proof of writing. immunity, or wavier form; b)two immunizations for mumps, measles and rubella(MMR)or laboratory proof of immunity; NOW THEREFORE, in consideration of the foregoing c) current Mantoux method PPD; if PPD test not given in premises and the covenants and agreements hereinafter past 12 months, 2-step testing process is required. PPD set forth,the parties agree as follows: must be completed upon commencement of student's placement at Agency,and on an annual basis thereafter per I. RESPONSIBILITIES OF THE SCHOOL the guidelines issued by the U.S. Department of Health and 1.1 School shall provide for the administration and Human Services, Centers for Disease Control and the operation of the courses that are a part of the School of OSHA tuberculosis Compliance Directive; and d) annual Nursing curriculum, including such programs of study training in Standard Transmission Precautions. Student will offered students using Agency's facilities. be required to show proof of immunization prior to student's acceptance by Agency. 1.2 School shall provide qualified and competent faculty members adequate in number for the instruction and 1.10 Participating students shall carry mandatory health supervision of students using the Agency facilities, insurance coverage under the University's health insurance program or show proof of enrollment in a comparable 1.3 School shall select, in consultation with the accident and sickness health insurance plan. cooperating professional staff of the Agency, learning experiences to which students will be assigned for 1.11 College is provided worker's compensation through the educational experiences at the Agency facilities. In the State of Colorado's Compensation Insurance Fund selection of said assignments, appropriate consideration pursuant to CRS 24-30-1510.7. This coverage is provided shall be given to the School of Nursing policies, to those students who receive no pay or remuneration and accreditation criteria (both voluntary and regulatory), and are enrolled in required on-the-job training programs,except the policies, regulations and nursing standards of the student teaching. If requested by Agency each student will Agency. be notified to obtain Professional Liability Insurance within Agency's required limits. College will notify each student to 1.4 School shall select and provide the students to be provide Agency with any change in coverages within thirty assigned to such clinical experiences. The parties shall (30)days prior to any change going into effect. consult and determine the number of students assigned to Agency. Said students shall have completed all prerequisite 1.12 School agrees to, at the written request of Agency, remove from Agency any student who, in the sole and School of Nursing 1 Revised for Fiscal Year 2003-04 »3-3fr/a absolute discretion of Agency, has performed removed or the breach cured within that 30-day period, the unsatisfactorily or whose behavior or activities are contract shall remain in force and effect. In the event the inappropriate or detrimental to the Agency's provision of cause is not removed or the breach is not cured within the health care to its clients or which are contrary to the 30-day period, the party providing notice may thereafter objectives of this Agreement. Requests for such removal of terminate the Agreement. This Agreement may be a student must be provided in writing and contain a terminated at any time for any reason other than cause by statement of facts supporting such request by Agency. either party hereto upon ninety (90) days' prior written notice to the other party delivered to the address shown II. RESPONSIBILITIES OF AGENCY below. During the term of this Agreement, arrangements 2.1. Agency shall maintain an environment conducive to shall be made for periodic meetings between sound educational and clinical experiences. representatives of the School and the Agency to promote understanding of and adjustments to any operation or 2.2 Agency has ultimate responsibility for the quality of activity involved herein. care given to its patients.Agency staff in the areas to which students are assigned shall be responsible for orienting 3.2 Both parties will comply with the letter and spirit of the faculty to Agency policies and protocols, particularly where Colorado Anti-discrimination Act of 1957, CRS 24-34-402, special rules and regulations are necessary. as amended, and other applicable law respecting discrimination. 2.3 Agency shall permit students, staff and faculty of the School of Nursing to use facilities such as the library, 3.3 Both parties agree that no money will be paid by either lounges, conference rooms, audio-visual equipment or party to the other under the terms and conditions of this other teaching equipment consistent with the regulations Agreement and that the mutual benefits contained herein and policies set by the Agency. constitute sufficient consideration. The parties to this Agreement intend that the relationship contemplated by this 2.4 Agency staff shall communicate with School Agreement is that of independent entities working in mutual representatives concerning any problems that might arise cooperation. School faculty, staff, and students shall not to due to a students performance. A written report shall be be considered employees for any purpose, and said provided to the faculty or staff member of the School who is persons may not hold themselves as employees or agents in charge of student supervision. of Agency or otherwise make any representation or commitment on behalf of Agency. Likewise, Agency staff 2.5 Agency shall provide for such supervision as is are not to be considered employees of school for any prearranged in consultation with the School. Agency purpose, and said staff may not hold themselves out as supervisors may provide evaluation statements concerning employees or agents of school or otherwise make any performance, however, School staff shall have the final representations or commitments on behalf of school. responsibility for evaluating performance and assigning Agency shall in no way be required to provide any grades. The Agency shall maintain no educational records pecuniary benefits, salaries, wages, or fringe benefits to concerning any student assigned to the Agency facilities.All faculty, staff or students of school, and likewise, school documents related to a students performance will be shall in no way be required to provide such pecuniary forwarded to the School upon the students completion of benefits to employees or agents of Agency. the clinical experience. 3.4 Both parties are governmental entities of the State of 2.6 Agency will provide for,at the sole cost and expense of Colorado, and as such, and, notwithstanding any other School, emergency care for students involved in accidents provision of this Agreement to the contrary, no term or or injuries if the accident or injury is incurred while condition of this Agreement will be construed or interpreted participating as a student at the Agency. - as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the 2.7 Agency shall retain the right, in its sole discretion, to Colorado Governmental Immunity Act, CRS 24-10-101, et request the removal of any student from the premises from seq.,as now or hereafter amended. the facility or clinical area. Removal may be a result of a temporary situation at the premises, facility or clinical area, Each party will be responsible for any liability or injury to or it may be a permanent withdrawal from the Agency's third parties caused by the tortuous acts of that party's premises. Students and School personnel shall promptly employees, students or agents,as the case may be,subject and without protest leave an area whenever they are to appropriations and applicable Colorado state and federal requested to do so by an authorized Agency representative. laws, more particularly CRS 24-10-101, et seq. and CRS Agency shall notify School of its request as soon as 24-30-1501,et seq. practical. 3.5 Both parties recognize that they are bound to comply III. JOINT RESPONSIBILITIES AND TERMS OF with the Family Educational Rights and Privacy Act(Buckley AGREEMENT Amendment) in the handling of educational records of 3.1 This Agreement shall commence as of December 1, students enrolled in their programs. It is also understood 2003, and continue in full force and effect through and recognized that employees and agents of each party November 30, 2006. Either party may terminate this will need to have access to the educational records Agreement during its term for cause and that party seeking maintained by the other party in properly administering their to terminate the Agreement shall provide the other party duties and obligations under this Agreement and to the written notice of alleged cause.The alleged breaching party individual students. It is also agreed that each party shall shall have thirty(30)calendar days after receipt of notice to thoroughly orient their employees and agents of their remove the cause or cure the breach. If the cause is obligations under the Family Educational Rights and Privacy School of Nursing 2 Revised for Fiscal Year 2003-04 / Act and shall maintain their practices in strict accordance with the requirements of that Act. Neither party shall be 3.9 Both parties agree that any waiver by either party of permitted to authorize any further disclosure of educational any term or provision in this Agreement at any one time records of students of the other party to persons or entities shall not constitute a waiver of any other or all provisions. not a party to this Agreement without first having received Any waiver of any part or provision of this Agreement at any permission of the other party and having obtained one time shall not constitute a waiver for all times. assurances that the other party has fully complied with the provisions of the Family Educational Rights and Privacy Act. 3.10 Both parties agree that any written notice or Any permitted disclosure to persons or entities not a party communication provided for, required, or permitted herein to this contract shall be under the condition that no further shall be addressed to the following: disclosure by such parties shall be permitted. If to College: 3.6 Both parties agree to comply with any federal or state Director,School of Nursing rules or regulations regarding exchange of patient College of Health and Human Sciences identifiable information under the Health Insurance University of Northern Colorado Portability and Accountability Act (HIPAA) of 1996 as that Campus Box 125,501 20th Street act may be amended from time to time. Greeley, CO 80639 Phone:970351-2293/Fax:970-351-1707 3.7 Both parties agree that this Agreement shall be construed in accordance with the law of the State of If to Agency: Colorado. Weld County Department of Public Health and Environment 1555 N. 17 Avenue 3.8 Both parties understand and agree enforcement of the Greeley CO 80631 terms and conditions of this Agreement, and all rights of 970-304-6410 action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained 3.11 Both parties agree that this Agreement constitutes the in this Agreement shall give or allow any claim or right of entire agreement between the parties and supersedes all claim whatsoever by any other person not included in this prior written and oral agreements. Any changes, Agreement. It is the express intention of the undersigned modifications, supplementations or amendments to this parties that any entity, other than the undersigned parties, Agreement must be reduced to writing and signed by the receiving services or benefits under this Agreement shall be parties which are signatory hereto. deemed an incidental beneficiary only. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and date first hereinabove written State/School Agency/Contractor State of Colorado acting by and on behalf of the BOAR I • COUNTY COMMISSIONERS Board of Trustees of the University of Northern Colorado WELD NTY, OLO ' .O College of Health&Human Sciences. / By: L w.a c.u. c. � (7J rrJG-.- fg171/F1 By:Davi' o C ai , • 1I Vincent A. Scalia, Dean Date / / /Gunter 1000,Campus Box 134 ATTEST: ' I f/,gt1 5 ' S Greeley,CO 80639 CLERK TO THE BOARD '0' , School of Nursing By: I '_ '� Esther E. Giesick,Deputy Cle' !J --" By: , se- at— A�,�r/ar `� '% �I Margaret ndrews, Director 'Date OV AS TO • 970-351-1689 By: Jh3 APPROVED AS T O . ty A y ate 55 N. 17 Avenue By: C e?Y-o 3 Greeley CO 80631 Rona J. La bden, eneral Counsel Date 970-304-6410 WEl_D COUNTY DEPARTMENT Oi- PU(il_.C HEALTH AND E VIRONN,. BY: ' 'A Ark E. Wallace. MD, MPH-Direct School of Nursing 9 Revised for Fiscal Year 2003-04 ,02OO3-3P-12 Memorandum Kit; TO: David E. Long, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Director C Department of Public Health an Environment COLORADO • DATE: November 7, 2003 SUBJECT: Agreement with the University of Northern Colorado for Clinical Experience Enclosed for Board review and approval is a non-financial agreement between Weld County Department of Public Health and Environment(WCDPHE) and the University of Northern Colorado (UNC). This agreement outlines the responsibilities of each party regarding WCDPHE providing clinical experiences for UNC School of Nursing students. The term of the agreement is from December 1, 2003 through November 30, 2006. I recommend your approval of this agreement. Enc. 2003-3142 Hello