Common use of LIABILITY COVERAGE PROVISIONS Clause in Contracts

LIABILITY COVERAGE PROVISIONS. Each Party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party will be considered the agent of the other, and neither Party assumes any responsibility to the other Party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, and further provides the means for defense and payment of claims that may arise against such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site will accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical setting. Students participating in the clinical education program will be covered either by a student medical malpractice policy offered through Washington State University, or acquired by the student through another source. The limits of such coverage shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training Site’s approval and satisfaction, Training Site can refuse to accept any student for placement. TERM AND TERMINATION This Agreement is effective upon execution by the Parties and will continue thereafter from academic year to academic year unless terminated as provided in this Agreement. However, Parties shall review this Agreement no later than three years from its effective date or earlier at the request of either party. WSU and Training Site will jointly plan student placement in advance of the beginning of each academic year, taking into account the needs of the WSU for clinical placement, the maximum number of students for whom Training Site can provide a desirable clinical education experience, and the needs of other disciplines requesting clinical placements. This Agreement may be terminated by either Party by one year’s written notice to the other Party. However, such termination shall not become effective for the students then enrolled in the clinical education program at Training Site, if such termination prevents the completion of the requirements for their clinical education program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students who have been trained in and have practiced using universal precautions. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in this Agreement. ENTIRE AGREEMENT This Agreement and any amendment attached hereto constitute the entire agreement between the Parties and supersede any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto.

Appears in 1 contract

Samples: Student Affiliation Agreement

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LIABILITY COVERAGE PROVISIONS. Each Party party to this agreement Agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party party will be considered the agent of the other, other and neither Party party assumes any responsibility to the other Party party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, including all employees, officers, and agents who will be at the Training Site, and further provides the means for defense and payment of claims that may arise against the Site, Training Site, or such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site will only accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical educational experience setting. Students participating in the clinical education program educational experience will be covered either by a an experiential student medical malpractice policy offered through Washington State University, University or acquired by the student through another source. The limits of such coverage on the liability policy shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training Site’s approval and satisfaction, Training Site can refuse to accept any student for placement. TERM AND TERMINATION This Agreement HIPAA WSU shall direct its students to comply with the policies and procedures of the Site, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose of defining the students’ role in relation to the use and disclosure of Site’s protected health information, as that term is effective upon execution defined in 45 CFR parts 160 and 164, the students are defined as members of the Site’s workforce, as that term is defined by the Parties and will continue thereafter from academic year 45 CFR 160.103, when engaged in activities pursuant to academic year unless terminated as provided in this Agreement. However, Parties the students are not and shall review not be considered to be employees or volunteers of the Site, nor are the students agents of the Site by virtue of this Agreement no later than three years from its effective date or earlier provision. The Site agrees: To orient the student to the administrative policies, rules, standards, schedules, and practices of the Site. To comply with the requirements for sites, as set forth in the WSU Athletic Training Program Clinical Affiliate Handbook (“Handbook”), which shall be provided to Site by WSU. The Handbook is available at the request following URL: xxxxx://xxxxxxxxx.xxx.xxx/undergradprograms/athletictraining/ Site should refer to that Handbook to determine the specific requirements to which it must adhere, which includes limitations on the services the student can be assigned to perform. To assign a supervisor who is (a) a trained preceptor with a minimum of either partythree years’ experience, (b) currently licensed as a health care professional (ATC, MD, PT etc.), and (c) able to offer the appropriate time and interest for training the students. To provide opportunities for students to engage in a variety of clinical educational activities and to pursue their learning objectives. To provide the athletic training students with adequate work space and resources (e.g., office supplies, access to computer) needed to conduct clinical education experience activities. To provide written evaluation of students based on criteria established by WSU and Training Site will jointly plan student placement in advance of at the beginning end of each academic yearsemester. To meet as needed with WSU personnel to plan, taking into account evaluate, and modify the needs of the WSU for clinical placement, the maximum number of students for whom Training Site can provide a desirable clinical education experience, and to assist/cooperate in the needs collection of other disciplines requesting data/research that will assist WSU to evaluate its programs and potential success of its students. To treat students as professionals, provide clear expectations that they follow all rules and regulations established by the Site, and train them to be aware of and follow such rules and regulations. The Site may remove a student from placement for violating Site rules and regulations or for such actions the Site views as detrimental to its operations. The Site will consult with WSU before final action is taken. WSU agrees: Not to offer students for placement in clinical placementseducation experiences in a Training Site with unsupervised access to children, vulnerable adults, or the disabled until a background check by the Washington State Patrol and Federal Bureau of Investigation is complete and the student is cleared for such placement, as provided in RCW 43.43.830. To provide Site with WSU's evaluation materials. To be responsible for assigning students for the clinical education experience. To provide a liaison to work with the Site on all matters connected with this Agreement. To be responsible, in cooperation with the Site staff to which the student is assigned, for the final evaluation of the student upon completion of his/her clinical education experience. To provide the Site with evaluative feedback on students’ perceptions of the clinical education experience. To meet as needed with Site personnel to plan, evaluate, and modify the student and clinical education experience. To notify the student that he/she must adhere to the administrative policies, rules, standards, schedules and practices of the Site. To notify the students of all the requirements set forth in the WSU Athletic Training Program Clinical Affiliate Handbook and the WSU Athletic Training Program Student Handbook, including but not limited to: Technical Standards Immunizations and records Code of Confidentiality Expectations for professional practice Dress code Course proficiencies and expectations for progression Affiliated Site contact information To verify that each student has training in: Bloodborne Pathogens Universal Precautions CPR for the Professional Rescuer Emergency Response It is mutually agreed that: In some instances, it may be desirable for the student to work with more than one Site supervisor. The term of this Agreement shall be for five (5) years. This Agreement may be renewed for additional periods if approved by both parties in writing. Notwithstanding the term stated, this Agreement may be renewed, amended, or terminated by either Party by one year’s written notice at the end of each school semester, provided it may not be amended or terminated as to the other Party. However, such termination shall students who have not become effective for the students then enrolled in the clinical education program at Training Site, if such termination prevents the completion of the requirements for completed their clinical education program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students who have been trained in and have practiced using universal precautions. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in experience under this Agreement. ENTIRE AGREEMENT Students are not and shall not be considered to be employees of the Site unless otherwise agreed in writing between the Site and the Student. Other Terms: This Agreement and any amendment letter agreement to be attached hereto constitute the entire agreement between the Parties parties and supersede supersedes any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No The parties may modify this Agreement only by a subsequent written Agreement executed by the parties. Any modification shall be effective only if written, signed and dated by the authorized representatives of each party and attached to this Agreement. Any conflict or inconsistency in this Agreement and its attachments will be resolved by giving the documents precedence in the following order: This Agreement; and Attachments to this Agreement in reverse chronological order. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington. The parties’ rights or obligations under this Agreement shall be construed in accordance with those laws. The provisions of this Agreement shall be construed to conform to those laws. Except as otherwise provided herein, all notices, requests, or other understandingscommunications required to be given or sent by WSU or Site, oral will be in writing and will be mailed by first-class mail, postage prepaid, or otherwisetransmitted by hand delivery or facsimile, addressed as follows: For WSU: Washington State University Contact: Xx. Xxxxx Xxxxxxxxxxx Athletic Training Program Director Address: PEB 114 Athletic Training Program Department of Educational Leadership and Counseling Psychology College of Education Xxxxxxx, XX 00000-0000 For Site: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ Each party may designate a change of address by notice in writing. All notices, requests or communications that are not hand delivered will be deemed received three (3) days after deposit in the U.S. mail, postage prepaid; or upon confirmation of successful facsimile transmission. If any provision of this Agreement or any provision of any document incorporated by reference, or any other agreement document or writing pursuant to or in connection with this Agreement, shall be held wholly or partially invalid or unenforceable under applicable law, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to this Agreement. Site will permit, on reasonable notice and request, the inspection of Site facilities by agencies charged with responsibility for accreditation of WSU. There will be no discrimination in the performance of this Agreement on the basis of race, religion, creed, color, national origin, families with children, sex, marital status, sexual orientation (including gender identity), age, genetic history, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, in compliance with (a) Presidential Executive Order 11246, as amended, including the Equal Opportunity Clause contained therein; (b) Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, and the Affirmative Action Clauses contained therein; (c) the Americans with Disabilities Act of 1990, as amended; and (d) applicable non-discrimination laws of the state of Washington. The parties further agree they will not maintain facilities which are segregated on the basis of race, color, religion, or national origin in compliance with Presidential Executive Order 11246, as amended, and will comply with the Americans with Disabilities Act of 1990, as amended, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties heretoprograms, services, activities, and employment practices.

Appears in 1 contract

Samples: Clinical Affiliate Agreement

LIABILITY COVERAGE PROVISIONS. Each Party party to this agreement Agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party party will be considered the agent of the other, other and neither Party party assumes any responsibility to the other Party party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, including all employees, officers, and agents who will be at the Training Site, and further provides the means for defense and payment of claims that may arise against the Site, Training Site, or such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site will only accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical educational experience setting. Students participating in the clinical education program educational experience will be covered either by a an experiential student medical malpractice policy offered through Washington State University, University or acquired by the student through another source. The limits of such coverage on the liability policy shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training Site’s approval and satisfaction, Training Site can refuse to accept any student for placement. TERM AND TERMINATION This Agreement HIPAA WSU shall direct its students to comply with the policies and procedures of the Site, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose of defining the students’ role in relation to the use and disclosure of Site’s protected health information, as that term is effective upon execution defined in 45 CFR parts 160 and 164, the students are defined as members of the Site’s workforce, as that term is defined by the Parties and will continue thereafter from academic year 45 CFR 160.103, when engaged in activities pursuant to academic year unless terminated as provided in this Agreement. However, Parties the students are not and shall review not be considered to be employees or volunteers of the Site, nor are the students agents of the Site by virtue of this Agreement no later than three years from its effective date or earlier provision. The Site agrees: To orient the student to the administrative policies, rules, standards, schedules, and practices of the Site. To comply with the requirements for sites, as set forth in the WSU Athletic Training Program Clinical Affiliate Handbook (“Handbook”), which shall be provided to Site by WSU. The Handbook is available at the request following URL: Site should refer to that Handbook to determine the specific requirements to which it must adhere, which includes limitations on the services the student can be assigned to perform. To assign a supervisor who is (a) a trained preceptor with a minimum of either partythree years’ experience, (b) currently licensed as a health care professional (ATC, MD, PT etc.), and (c) able to offer the appropriate time and interest for training the students. To provide opportunities for students to engage in a variety of clinical educational activities and to pursue their learning objectives. To provide the athletic training students with adequate work space and resources (e.g., office supplies, access to computer) needed to conduct clinical education experience activities. To provide written evaluation of students based on criteria established by WSU and Training Site will jointly plan student placement in advance of at the beginning end of each academic yearsemester. To meet as needed with WSU personnel to plan, taking into account evaluate, and modify the needs of the WSU for clinical placement, the maximum number of students for whom Training Site can provide a desirable clinical education experience, and to assist/cooperate in the needs collection of other disciplines requesting data/research that will assist WSU to evaluate its programs and potential success of its students. To treat students as professionals, provide clear expectations that they follow all rules and regulations established by the Site, and train them to be aware of and follow such rules and regulations. The Site may remove a student from placement for violating Site rules and regulations or for such actions the Site views as detrimental to its operations. The Site will consult with WSU before final action is taken. WSU agrees: Not to offer students for placement in clinical placementseducation experiences in a Training Site with unsupervised access to children, vulnerable adults, or the disabled until a background check by the Washington State Patrol and Federal Bureau of Investigation is complete and the student is cleared for such placement, as provided in RCW 43.43.830. To provide Site with WSU's evaluation materials. To be responsible for assigning students for the clinical education experience. To provide a liaison to work with the Site on all matters connected with this Agreement. To be responsible, in cooperation with the Site staff to which the student is assigned, for the final evaluation of the student upon completion of his/her clinical education experience. To provide the Site with evaluative feedback on students’ perceptions of the clinical education experience. To meet as needed with Site personnel to plan, evaluate, and modify the student and clinical education experience. To notify the student that he/she must adhere to the administrative policies, rules, standards, schedules and practices of the Site. To notify the students of all the requirements set forth in the WSU Athletic Training Program Clinical Affiliate Handbook and the WSU Athletic Training Program Student Handbook, including but not limited to: Technical Standards Immunizations and records Code of Confidentiality Expectations for professional practice Dress code Course proficiencies and expectations for progression Affiliated Site contact information To verify that each student has training in: Bloodborne Pathogens Universal Precautions CPR for the Professional Rescuer Emergency Response It is mutually agreed that: In some instances, it may be desirable for the student to work with more than one Site supervisor. The term of this Agreement shall be for five (5) years. This Agreement may be renewed for additional periods if approved by both parties in writing. Notwithstanding the term stated, this Agreement may be renewed, amended, or terminated by either Party by one year’s written notice at the end of each school semester, provided it may not be amended or terminated as to the other Party. However, such termination shall students who have not become effective for the students then enrolled in the clinical education program at Training Site, if such termination prevents the completion of the requirements for completed their clinical education program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students who have been trained in and have practiced using universal precautions. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in experience under this Agreement. ENTIRE AGREEMENT Students are not and shall not be considered to be employees of the Site unless otherwise agreed in writing between the Site and the Student. Other Terms: This Agreement and any amendment letter agreement to be attached hereto constitute the entire agreement between the Parties parties and supersede supersedes any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No The parties may modify this Agreement only by a subsequent written Agreement executed by the parties. Any modification shall be effective only if written, signed and dated by the authorized representatives of each party and attached to this Agreement. Any conflict or inconsistency in this Agreement and its attachments will be resolved by giving the documents precedence in the following order: This Agreement; and Attachments to this Agreement in reverse chronological order. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington. The parties’ rights or obligations under this Agreement shall be construed in accordance with those laws. The provisions of this Agreement shall be construed to conform to those laws. Except as otherwise provided herein, all notices, requests, or other understandingscommunications required to be given or sent by WSU or Site, oral will be in writing and will be mailed by first-class mail, postage prepaid, or otherwisetransmitted by hand delivery or facsimile, addressed as follows: For WSU: Washington State University Contact: Xx. Xxxxx Xxxxxxxxxxx Athletic Training Program Director Address: PEB 114 Athletic Training Program Department of Educational Leadership and Counseling Psychology College of Education Xxxxxxx, XX 00000-0000 For Site: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ Each party may designate a change of address by notice in writing. All notices, requests or communications that are not hand delivered will be deemed received three (3) days after deposit in the U.S. mail, postage prepaid; or upon confirmation of successful facsimile transmission. If any provision of this Agreement or any provision of any document incorporated by reference, or any other agreement document or writing pursuant to or in connection with this Agreement, shall be held wholly or partially invalid or unenforceable under applicable law, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to this Agreement. Site will permit, on reasonable notice and request, the inspection of Site facilities by agencies charged with responsibility for accreditation of WSU. There will be no discrimination in the performance of this Agreement on the basis of race, religion, creed, color, national origin, families with children, sex, marital status, sexual orientation (including gender identity), age, genetic history, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, in compliance with (a) Presidential Executive Order 11246, as amended, including the Equal Opportunity Clause contained therein; (b) Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, and the Affirmative Action Clauses contained therein; (c) the Americans with Disabilities Act of 1990, as amended; and (d) applicable non-discrimination laws of the state of Washington. The parties further agree they will not maintain facilities which are segregated on the basis of race, color, religion, or national origin in compliance with Presidential Executive Order 11246, as amended, and will comply with the Americans with Disabilities Act of 1990, as amended, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties heretoprograms, services, activities, and employment practices.

Appears in 1 contract

Samples: Clinical Affiliate Agreement

LIABILITY COVERAGE PROVISIONS. Each Party party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party party will be considered the agent of the other, other and neither Party party assumes any responsibility to the other Party party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site District maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, including all employees, officers, and agents who will be at the Training Site, and further provides the means for defense and payment of claims that may arise against the District, Training Site, or such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site District will accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical internship setting. Students participating in the clinical education an internship program will be covered either by a an experiential student medical malpractice policy offered through Washington State University, University or acquired by the student through another source. The limits of such coverage on the liability policy shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training SiteDistrict’s approval and satisfaction, Training Site District can refuse to accept any student for placement. TERM AND TERMINATION This Agreement HIPAA WSU shall direct its students to comply with the policies and procedures of the District, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164. Solely for the purpose of defining the students’ role in relation to the use and disclosure of District’s protected health information, as that term is effective upon execution defined in 45 CFR parts 160 and 164, the students are defined as members of the District’s workforce, as that term is defined by the Parties and will continue thereafter from academic year 45 CFR 160.103, when engaged in activities pursuant to academic year unless terminated as provided in this Agreement. However, Parties the students are not and shall not be considered to be employees or volunteers of the District, nor are the students agents of the District by virtue of this provision. The District agrees: To orient the student to the administrative policies, rules, standards, schedules and practices of the site. To assign an internship supervisor who is (a) a certificated school counselor with a minimum of three years experience, (b) currently working in the role of a school counselor, and (c) has the appropriate time and interest for training the students. To provide opportunities for students to engage in a variety of counseling activities and to pursue their learning objectives To provide the intern with adequate work space and resources (e.g., office supplies, access to computer) needed to conduct internship activities. To allow recording of selected students and to allow presentations in class under instructor review to facilitate supervision by the university internship instructor. To provide at least one hour per week of individual supervision and to integrate some examination of intern work using audio/visual tapes, observation, and/or live supervision. To provide written evaluation of intern based on criteria established by WSU at the end of each semester. To meet as needed with WSU personnel to plan, evaluate, and modify the student intern program and field experiences, and to assist/cooperate in the collection of data/research that will assist WSU to evaluate its programs and potential success of its students. To treat student interns as professionals, provide clear expectations that they follow all rules and regulations established by the District, and train them to be aware of and follow such rules and regulations. The District may remove a student intern from placement for violating District rules and regulations or for such actions the District views as detrimental to its operations. The District will consult with WSU before final action is taken. WSU agrees: In accordance with RCW 43.43.830 and RCW 43.43.838, a school counseling intern will not be placed in a field experience in the District with unsupervised access to children until a background check by the Washington State Patrol and the Federal Bureau of Investigation, including fingerprint clearance, is complete and, if applicable, the Office of Professional Practices at the State Superintendent of Public Instruction has notified WSU that the candidate is cleared for such placement. Fingerprint and character clearance under RCW 28A.410.010 must be current at all times during the field placement. To provide participating District with WSU's evaluation materials. To provide a liaison to work with the District on all matters connected with this Agreement. To be responsible, in cooperation with the District staff to which the intern is assigned, for the final evaluation of the intern’s completion of his/her internship. To meet as needed with District personnel to plan, evaluate, and modify the student intern program and field experiences. To notify the student intern that he/she must adhere to the administrative policies, rules, standards, schedules and practices of the site That the university instructor of the internship course is responsible for the assignment of a fieldwork grade. It is mutually agreed that: The central administration of the District and WSU’s faculty coordinator will be jointly responsible for assigning student interns, and working out the student’s program of experience in cooperation with the District staff; provided, however that the District reserves the right to terminate any student intern when it is in the best interests of the District to do so but will consult with WSU's supervisor before doing so. In assigning student interns, it is recognized that, in some instances, it may be desirable for the student to work with more than one District supervisor. The term of this Agreement no later than three years from its effective date or earlier at the request of either party. WSU and Training Site will jointly plan student placement in advance of the beginning of each academic year, taking into account the needs of the WSU shall be for clinical placement, the maximum number of students for whom Training Site can provide a desirable clinical education experience, and the needs of other disciplines requesting clinical placementsfive (5) years. This Agreement may be renewed for additional periods if approved by both parties in writing. Notwithstanding the term stated, this Agreement may be renewed, amended, or terminated by either Party by one year’s written notice at the end of each school semester, provided it may not be amended or terminated as to the other Party. However, such termination shall not become effective for the students then enrolled in the clinical education program at Training Site, if such termination prevents the completion of the requirements for their clinical education program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students interns who have been trained in and have practiced using universal precautions. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in completed their internship under this Agreement. ENTIRE AGREEMENT This Agreement Trainees are not and any amendment attached hereto constitute shall not be considered to be employees of the entire agreement District unless otherwise agreed in writing between the Parties District and supersede any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties heretoTrainee.

Appears in 1 contract

Samples: School Counseling Internship Agreement

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LIABILITY COVERAGE PROVISIONS. Each Party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party will be considered the agent of the other, other and neither Party assumes any responsibility to the other Party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, and further provides the means for defense and payment of claims that may arise against such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site will accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical setting. Students participating in the clinical education program will be covered either by a student medical malpractice policy offered through Washington State University, or acquired by the student through another source. The limits of such coverage shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training Site’s approval and satisfaction, Training Site can refuse to accept any student for placement. TERM AND TERMINATION This Agreement is effective upon execution by the Parties and will continue thereafter from academic year to academic year unless terminated as provided in this Agreement. However, Parties shall review this Agreement no later than three years from its effective date or earlier at the request of either party. WSU and Training Site will jointly plan student placement in advance of the beginning of each academic year, taking into account the needs of the WSU for clinical placement, the maximum number of students for whom Training Site can provide a desirable clinical education experience, and the needs of other disciplines requesting clinical placements. This Agreement may be terminated by either Party by one year’s 's written notice to the other Party. However, such termination shall not become effective for the students then enrolled in the clinical education program at Training Site, if such termination prevents the completion of the requirements for their clinical education program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students who have been trained in and have practiced using universal precautions. WSU has provided the opportunity to receive Hepatitis B (HBV) vaccine to all clinical education program students before assignment to Training Site. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in this Agreement. ENTIRE AGREEMENT This Agreement and any amendment attached hereto constitute the entire agreement between the Parties and supersede any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto.

Appears in 1 contract

Samples: Student Affiliation Agreement

LIABILITY COVERAGE PROVISIONS. Each Party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither Party will be considered the agent of the other, other and neither Party assumes any responsibility to the other Party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. WSU and its officers, employees, and agents, while acting in good faith within the scope of their official WSU duties, are covered by the State of Washington Self- Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq.), and successful claims against WSU and its employees, officers, and agents in the performance of their official WSU duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130. Training Site maintains professional liability coverage that provides liability coverage for its employees, officers, and agents in the performance of this Agreement, and further provides the means for defense and payment of claims that may arise against such individuals. Training Site shall provide proof of such insurance to WSU upon request. Training Site will accept placement of only those students who are insured against liability for actions or inactions occurring in the clinical setting. Students participating in the clinical education program will be covered either by a student medical malpractice policy offered through Washington State University, or acquired by the student through another source. The limits of such coverage shall be, at a minimum, $1,000,000 per occurrence. Certificates of such coverage purchased by the student will be provided to Training Site upon request. Should proof of insurance not meet with Training Site’s approval and satisfaction, Training Site can refuse to accept any student for placement. TERM AND TERMINATION This Agreement is effective upon execution by the Parties and will continue thereafter from academic year to academic year unless terminated as provided in this Agreement. However, Parties shall review this Agreement no later than three years from its effective date or earlier at the request of either party. WSU and Training Site will jointly plan student placement in advance of the beginning of each academic year, taking into account the needs of the WSU for clinical student placement, the maximum number of students for whom Training Site can provide a desirable clinical education internship/practicum educational experience, and the needs of other disciplines requesting clinical placementsplacements Training Site. This Agreement may be terminated by either Party by one year’s 's written notice to the other Party. However, such termination shall not become effective for the students then enrolled in the clinical education internship/practicum educational program at Training Site, if such termination prevents the completion of the requirements for their clinical education internship/practicum educational program. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS WSU certifies it has trained each student it sends to Training Site in universal precautions and transmission of blood-borne pathogens and it will send to Training Site only students who have been trained in and have practiced using universal precautions. WSU has provided the opportunity to receive Hepatitis B (HBV) and C vaccine to all internship/practicum educational program students before assignment to Training Site. Training Site will provide personal protection equipment that is appropriate for tasks assigned to WSU’s students. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infections infectious material while participating in the clinical education program at Training Site agrees to provide the following services: Being seen by Training Site’s employee heath service and/or emergency department as soon as possible after the injury; Emergency medical care following the injury; Initiation of HBV, Hepatitis C (HCV) and HIV protocol; HIV counseling and appropriate testing. Training Site shall determine the source patient’s HBV, HCV and HIV status in the usual manner to the extent possible. Training Site does not accept liability for any illness or injury subsequent to such accidental exposure, except as otherwise provided in this Agreement. ENTIRE AGREEMENT This Agreement and any amendment attached hereto constitute the entire agreement between the Parties and supersede any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto.

Appears in 1 contract

Samples: Student Affiliation Agreement

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