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environment should foster development of appropriate professional
attributes in medical students. This includes recognition that
professional behavior by students, faculty, hospital staff, and medical
staff are important components of the learning environment. Both
formal learning activities and the attitudes, values, and informal
“lessons” conveyed by individuals who interact with the medical
student are important factors contributing to the development of
appropriate attitudes, behaviors, and professional identity.
2. Each party shall comply with all federal, state and municipal laws,
advice, rules and regulations which are applicable to the performance
of this Agreement, which shall include but not be limited to:
a. To the extent required by federal law, the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C.
Section 1320d (“HIPAA”) and any current and future regulations
promulgated thereunder, including without limitation, the federal
privacy regulations, the federal security standards, and the federal
standards for electronic transactions, all collectively referred to
herein as “HIPAA Requirements.” The parties agree not to use or
further disclose any Protected Health Information or Individually
Identifiable Health Information, other than as permitted by
HIPAA Requirements and the terms of this Agreement. Each party
will make its internal practices, books, and records relating to the
use and disclosure of Protected Health Information available to the
Secretary of Health and Human Services to the extent required for
determining compliance with the Federal Privacy Regulations.
b. Titles VI and VII of the Civil Rights Act of 1964, Title IX of the
Education Amendments of 1972, and Section 504 of the
Rehabilitation Act of 1973, Executive Order 11,246, the Americans
with Disabilities Act of 1990 and the related regulations to each.
Each party assures that it will not discriminate against any
individual including, but not limited to, employees or applicants
for employment and/or students because of race, religion, creed,
color, sex, age, disability, veteran status or national origin.
c. The Family Educational Rights and Privacy Act (FERPA). The
Affiliate shall protect the confidentiality of the student’s records
and shall not release any information without written consent
from the student unless required to do so by law.
3. Background Checks: If criminal background checks of students are
required by the Affiliate, the Institution shall notify students of this
requirement prior to enrollment in the program or as soon as the
requirement is known. Students will be informed by the Institution that
the check must be completed within the 90 day period immediately
prior to the student’s initial clinical placement. It shall be the student’s
responsibility to make timely arrangements for the background check
and to pay all costs associated with such checks.
a. It shall be the responsibility of Affiliate to set the eligibility
standards for participation and to evaluate the results of
the background checks. If Affiliate determines that a
student or faculty/staff member shall not participate at its
facility, Affiliate shall so notify that individual and the
Institution. Institution shall take steps to ensure that this
individual does not participate in the clinical program at
