1. ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Legal Issues In Clinical Settings Alabama Community College Association Annual Meeting November 19. 2012 Lynne R. Thrower, J.D. General Counsel/Vice Chancellor Legal & Human Resources

2. 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

3. 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

4. ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research  Common Mistakes  Policies  State (ABN)  Local And More….

5. 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….

6. 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

7. ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Samples Clinical Agreement – Handout A HIPPA Agreement – Handout B

8. 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?

9. 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

10. 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

11. 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

12. ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Questions?

13. ALABAMA COMMUNITY COLLEGE SYSTEM Information Technology, Data, Planning & Research Legal Staff LEGAL – Lynne Thrower, General Counsel lynne.thrower@dpe.edu or 334-293-4603 lynne.thrower@dpe.edu – David O’Brien, Litigation Counsel david.obrien@dpe.edu or 334-293-4604 david.obrien@dpe.edu – Jeff Miller, Associate Counsel jeffrey.miller@dpe.edu or 334-293-4608 jeffrey.miller@dpe.edu – Gloria Whiting, Legal Assistant gloria.whiting@dpe.edu or 334-293-4600 gloria.whiting@dpe.edu