HomeMy WebLinkAboutBaylor JCPH Preceptor Services to Advance Students of Medicine ff 615 Sheridan Street
Port Townsend, WA 98368
c9eehson www.JeffersonCountyPublicHealth.org
Public Healt Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Denise Banker, Community Health Division Director
DATE: hill itts' t 6 i d0 a-a-
SUBJECT: Agenda item - MOU Jefferson County and Baylor University; August 9, 2022
until termination; No monetary exchange.
STATEMENT OF ISSUE:
Jefferson County Public Health, Community Health Division, requests Board approval of the Memorandum of
Agreement (MOU) between Jefferson County and Baylor University for preceptor service to advanced
students of medicine in need of practicum course work.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Students of Baylor University will be supervised by
Jefferson County Public Health (JCPH) medical providers for a duration agreed upon between supervisors at
Baylor University and JCPH providers. This cooperative relationship between service institution and
educational intuition is mutually beneficial.
FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no fiscal impact.
RECOMMENDATION:
JCPH management requests approval of MOU between Jefferson County and Baylor University for preceptor
services to advanced students of medicine in need of practicum course work.
REVIEWED BY:
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Mark McCaule unty Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f)360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
N-22-034
DocuSign Envelope ID: D2BFDFF2-2054-4BC2-8EA7-41141016478C
MEMORANDUM OF AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
BAYLOR UNIVERSITY
This Memorandum of Agreement (this "Agreement") Between Jefferson County ("Agency") and
Baylor University Louise Herrington School of Nursing ("University'). The Agency and the
University agree as follows.
WHEREAS, the University, through its School of Nursing requires the use of clinical laboratory
experiences for students in its nursing program, and
WHEREAS, the Public Health Department of the Agency offers clinical laboratory facilities
which meet criteria established by the Board of Nurse Examiners for the State of Texas for
agencies affiliating with nursing education programs, and
WHEREAS, the Agency recognizes that clinical practice under appropriate guidance and
supervision is essential for student development of effective nursing skills, clinical judgment, and
a sense of professional responsibility, and
WHEREAS, it is recognized that a cooperative relationship between a service institution and an
educational institution can be mutually beneficial,
BE IT AGREED that the Agency and the University desire to enter into an agreement whereby
students in the University nursing program shall receive experiences in practicum courses in the
Agency. This Agreement shall be governed by the following conditions:
I. THE UNIVERSITY SHALL:
A. Retain control of, and responsibility for, all phases of the nursing education
program.
B. Cooperate with the Agency in making arrangements for the practicum not less
than six months prior to the start of each academic term. Arrangements shall be
mutually determined by agreement of the parties and may be altered by mutual
agreement.
C. Cooperate with the Agency in planning, scheduling and implementing an
orientation program for faculty responsible for the practicum.
D. Provide an orientation for students to assigned units.
E. Provide the Agency with the following written information two weeks prior to the
start of each practicum:
Specific days and hours students will be on patient units or service areas.
Revised 6/4/2020, 7/25/22
N-22-034
DocuSign Envelope ID: D2BFDFF2-2054-4BC2-8EA7-41141016478C
2. Names of students and responsible faculty.
3. Objectives of the practicum.
4. Documentation of professional liability insurance for students and faculty.
5. Texas nursing registration number of faculty.
6. Other appropriate information as requested.
F. Provide qualified faculty in a faculty -student ratio of at least 1:10.
G. Plan individualized experiences for students in consultation with appropriate
Agency personnel based on the objectives of the practicum and available learning
opportunities.
H. Abide by the written administrative, nursing and medical policies or procedures of
the Agency while using its facilities.
I. Require that all faculty and students who may be at risk for occupational exposure
to blood or other potentially infectious materials be:
Trained in accordance with the Occupational Safety and Health
Administration's (OSHA) Occupational Exposure to Blood borne
Pathogens Final Rule 29 CFR Part 1910.1030, as published in the Federal
Register Friday, December 6, 1991.
2. Trained in the modes of transmission, epidemiology and symptoms of
Hepatitis B virus (HBV) and Human Immunodeficiency (HIV) and other
blood borne pathogens.
3. Trained in the methods of control that prevent or reduce exposure
including universal precautions, appropriate engineering controls, work
practices, and personal protective equipment.
4. Provided information on the Hepatitis B vaccine, its efficacy, safety,
method of administration, and benefits of being vaccinated.
5. Vaccinated for HBV or have begun the vaccination series for HBV or have
signed a refusal to acquire HBV vaccination.
Maintain for itself and provide to Students or require that Students obtain and
maintain appropriate general and professional liability insurance coverage in the
amounts of at least $1,000,000 per occurrence and $3,000,000 in the aggregate,
with insurance carriers or self-insurance programs approved by Agency, in
accordance with Agency's bylaws, rules and regulations. A copy of the certificate
of insurance shall be provided to the Agency (in which the Certificate Holder is
identified as "Jefferson County").
DocuSign Envelope ID: D2BFDFF2-2054-4BC2-8EA7-41141016478C
H. THE AGENCY SHALL:
A. Retain full responsibility for patient care and for control of established standards
of patient care.
B. At least six months prior to each academic term, provide the University with the
maximum number of students (from all educational programs) that can be
assigned to each patient unit and service area during each eight -hour assignment
period.
C. Provide an orientation for faculty assigned to the Agency prior to the practicum
subject to conditions in Article I. Section C.
D. Assist the University faculty in orientation of students to the Agency at a mutually
agreed upon time.
E. Provide, within Agency limitations, conference rooms and lockers requested.
F. Provide any special clothing required for participation in learning activities in
selected patient units and service areas of departments of the Agency.
G. Reserve the right and authority to request the withdrawal of any faculty or student
who does not adhere to appropriate dress code, behavior standards, administrative
and medical policies, does not maintain professional liability insurance; or cannot
provide safe care due to physical or mental illness.
H. Permit University faculty to conduct nursing research in accordance with
established policies and research protocols of the Agency with prior written
approval.
I. Comply with all applicable federal and state health and safety laws and
regulations.
Prohibit the disclosure of personally identifiable information, as defined by the
Family Educational Rights and Privacy Act, of a student without the prior consent
of the student, and to limit Agency's use of such information only for the purpose
for which it obtained such information.
K. Require and provide an orientation to the faculty and students before direct patient
contact is allowed. Orientation by the Agency shall include information
regarding:
l . The Agency's Exposure Control Plan for blood borne pathogens and the
means by which students and faculty can obtain a copy of the written plan.
2. The engineering controls used within the Agency's work site.
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DocuSign Envelope ID: D2BFDFF2-2054-4BC2-8EA7-41141016478C
3. The personal protective equipment available in each of the Agency's work
areas.
4. The identification of tasks and patient -related activities which increase the
risk of exposure to HBV, HIV, and other blood borne pathogens.
5. What constitutes an exposure.
6. The established procedure to follow after an exposure to blood or body
fluids occurs including the methods of reporting the incident and the
medical follow-up required.
L. Provide appropriate and readily accessible personal protective equipment at no
cost to faculty and students to use in the work site during the clinical training
program.
M. Maintain coverage in the amounts of at least $1,000,000 per occurrence and
$3,000,000 in the aggregate, with its membership in the Washington Counties
Risk Pool. A copy of the certificate of membership in the risk pool shall be
provided to the University.
III. IT IS MUTUALLY AGREED THAT:
A. Indemnification. The University shall defend, indemnify and hold the Agency, its
officers, officials, employees, agents and volunteers (and their marital
communities) harmless from any claims, injuries, damages, losses or suits,
including attorney's fees, arising out of or resulting from the negligent acts, errors
or omissions of the University in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the Agency. Agency
agrees to indemnify and hold harmless University against any and all liability for
personal injury, including injury resulting in death, or damage to property, or
both, resulting from the negligent acts and/or omissions of its employees. Should
a court of competent jurisdiction determine this Agreement is subject to RCW
4.24.115 if liability for damages occurs arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Agency and the University, its officers, officials, employees, agents and
volunteers (and their marital communities) the University's liability, including the
duty and cost to defend, shall be only for the University's negligence. It is further
specifically understood that the indemnification provided constitutes the
University's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. This section shall survive the expiration or termination of this
Agreement.
B. Public Records. To the extent any record, including any electronic, audio, paper
or other media, is required to be kept or indexed as a public record in accordance
with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter
be amended, the University agrees to maintain all records constituting public
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DocuSign Envelope ID: D2BFDFF2-2054-4BC2-8EA7-41141016478C
records and to produce or assist the Agency in producing such records, within the
time frames and parameters set forth in state law. The University further agrees
that upon receipt of any written public record request, University shall, within two
business days, notify the Agency by providing a copy of the request per the notice
provisions of this Agreement;
C. Disputes. The parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10
days to the Agency Risk Manager, whose decision in the matter shall be final, but
shall be subject to judicial review. If either party deems it necessary to institute
legal action or proceeding to enforce any right or obligation under this
Agreement, each party in such action shall bear the cost of its own attorney's fees
and court costs. Any legal action shall be initiated in the Superior Court of the
State of Washington for Jefferson County. The parties agree that all questions
shall be resolved by application of Washington law and that the parties have the
right of appeal from such decisions of the Superior Court in accordance with the
laws of the State of Washington. The University hereby consents to the personal
jurisdiction of the Superior Court of the State of Washington for Jefferson
County.
IV. DURATION OF THIS AGREEMENT, TERM, MODIFICATION:
A. This Agreement is effective as of the date last signed below.
B. This Agreement shall remain in effect until terminated. Either party may terminate
this Agreement, with or without cause, by written notice to the other party at least
sixty (60) days prior to the commencement of the next academic term. Students
enrolled in the practicum at the time notice is given shall have the opportunity to
complete the course of study in progress.
C. The parties to this Agreement may amend this Agreement as deemed necessary
provided, however, that no amendment to this Agreement shall be valid unless in
writing and signed by the duly authorized representatives of the parties.
D. All the terms, conditions and provisions agreed upon by the parties to this
Agreement are incorporated in this document.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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BAYLOR UNIVERSITY
333 NORTH WASHINGTON AVE
DALL , 724b ,
By: 218D2AFAA98448E...
Dr. Linda Plank, Dean
Louise Herrington School of Nursing
Date: 8/10/2022
JEFFERSON COUNTY
1820 JEFFERSON STREET
PORT TOWNSEND, WA 98368
By:
Heidi Eisenhour, Chair
Jefferson County Board of Commissioners
Date:
Approved as to form only:
August 11, 2022
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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