ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Legal Issues In Clinical Settings Alabama Community College Association Annual Meeting November Lynne R. Thrower, J.D. General Counsel/Vice Chancellor Legal & Human Resources
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Objectives Clinical Agreements What should they contain Key components to have and not to have Common problems/issues
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research More… How to deal with Unsafe students in clinical environment Dangers and Liabilities Prevention and Protection
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Common Mistakes Policies State (ABN) Local And More….
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Clinical Agreements Key components in clinical agreements Responsibilities Who does what? i.e. Hospital is responsible for A, B, C and D School is reponsible for D,E, F, and G Student must do this…. Student must not to this….. Student can do this…. Student is forbidden to do that….
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research More key components…. Must have a written statement that the agreement is controlled by Alabama law Must not have an indemnification agreement Hospital can indemnify school School cannot indemnify hospital Board of Adjustment language in lieu thereof
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Samples Clinical Agreement – Handout A HIPPA Agreement – Handout B
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research “Unsafe” students Dangers & Liabilites Danger to Patients Danger to Student Danger to Public Liabilities To Hospital Liabilities to School Can the liability be personal to Clinical instructor?
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Prevention & Protection Practical Prevention Preparation Not just skills or academic Student self discipline Practical Protection Administratively Student application Clinical agreement Reporting responsibility clear
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Common Mistakes Failure to properly document Good, bad and ugly Inadequate verification Unsafes Hours Minor violations
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Controlling authority Alabama Board of Nursing Administrative Code – Handout C Local College Policies – Handout D System Policies – Handout E
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Questions?
ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Legal Staff LEGAL – Lynne Thrower, General Counsel or – David O’Brien, Litigation Counsel or – Jeff Miller, Associate Counsel or – Gloria Whiting, Legal Assistant or