HomeMy WebLinkAboutAgenda - 06-29-1993 - III-K 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. -I<
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 29, 1993
SUBJECT: CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND
DENNIS M. WILLIAMS, PHARMD, CONSULTING PHARMACIST
DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
HEALTH DIRECTOR'S OFFICE X2411
1) Two-page Contract
2) Appendix A Consultant Pharmacist TELEPHONE NUMBER:
Duties Hillsborough - 732-8181
3) Professional Liability Insurance Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE:
To approve a professional service contract between the Orange County Health
Department and Dennis M. Williams, PharmD, Consulting Pharmacist.
BACKGROUND:
Dr. Dennis M. Williams has provided professional services as a consulting
pharmacist since 1987 through a contract with the UNC-School of Pharmacy. The
University has decided to discontinue this service, however, Dr. Williams is
willing to continue providing the services on a private basis. The attached
contract is similar to previous agreements with the University except for the
contracting party being Dr. Williams instead of the University. In addition, the
County Attorney has requested more specific language regarding the Professional
Liability Insurance to which Dr. Williams has agreed. However, the contract
has been delayed in submitting to the Commissioners because of difficulties
Dr. Williams has had obtaining a statement from his insurance company which the
County Attorney has requested. Dr. Williams has agreed to change his insurance
company to one which will provide the requested statement.
This contract is being presented to the Board of Commissioners for the FY92-93
in order to encumber the funds. The County Attorney has recommend that payment
not be issued until Dr. Williams provides the statement requested and
Dr. Williams has agreed to this.
This arrangement is acceptable to the Health Department as a cost effective means
of assuring that pharmacy services meet all applicable laws, regulations and
standards. The terms, duties and dollar amount for the pharmacy contract remain
unchanged. Funds necessary for this contract are included in the approved budget
for FY 1992-93.
2
RECOMMENDATION(S): The County Manager recommends that the contract be approved
subject to final review and approval of contract language
by the County Attorney and that the Chair be authorized to
sign.
p � 07/-g
DATEe 94 A CONTRACT BETWEEN
1'TEM /<' THE AND DENNIS M. WILLIAMS, PHARM.D.ENT
This contract is between the Orange County Health Department, herein referred to as the Health Department and
Dennis M. Williams, Pharm.D., herein referred to as the Consultant Pharmacist. It is understood that the
Consultant Pharmacist will direct and provide consultant pharmacy services to the Health Department. It is further
understood that there will be a mutual cooperation between the Consultant Pharmacist and the Director of the
Health Department in conducting the activities as described below:
I. The Health Department agrees to:
1. allow undergraduate and graduate pharmacy students under supervision of the Consultant Pharmacist
to obtain part of their educational experience in the Health Department when obtaining experience with
the Consultant Pharmacist;
2. provide guidance and assistance with related administrative or technical aspects of providing consultant
pharmacy services as requested;
3. participate in the ongoing evaluation of the role of the pharmacist in the local Health Department;
4. reimburse the Consultant Pharmacist$416.66 per month ($5,000 per year). The Consultant
Pharmacist will submit a bill to the Health Department quarterly (Sept., Dec., March & June) for
consultant pharmacy services provided. The Health Department will then submit a request for payment
to the Orange County Finance Department which will prepare a check to the Consultant Pharmacist
based on the Finance Department's schedule which will be mailed to the Consultant Pharmacist;
5. enable the pharmacist to perform all activities mandated by all applicable laws, regulations, and
standards;
6. register the pharmacy services with appropriate state and federal agencies with the assistance of the
consultant pharmacist;
7. allow the pharmacist to participate in other related activities in the Health Department if agreed to by
both parties;
8. comply with such non-discrimination laws in his educational and/or employment practices as may be
applicable in the performance of this contract.
If. The Consultant Pharmacist agrees to:
1. provide pharmacist staffing sufficient to deliver all of the activities identified in Appendix A: the staffing
pattern to be followed will be agreed to by the Consultant Pharmacist and the Director of the Health
Department; all Consultant Pharmacist activities within the Health Department shall be his
responsibility.
2. The Consultant Pharmacist will maintain adequate insurance for liability and malpractice which will
include limits of not less than $1,000,000 for each incident and $3,000,000 policy aggregate; certificates
of insurance reflecting such coverage must be provided to the Orange County Health Department and
shall contain the provision that the Orange County Health Department will be given 30 days written
notice of any intent to amend or terminate such policies by either the Consultant Pharmacist or the
insuring company; the Consultant Pharmacist agrees to indemnify and save harmless Orange County,
the Orange County Health Department and the agents and employees of each from and against any
and all loss, cost, damages, expense and liability caused by the failure of the Consultant Pharmacist to
fully perform its obligations under this agreement and in accordance with its terms or because of
accident or other occurrence causing bodily injury, including death, caused by services rendered under
this contract.
3. assure that pharmacy services meet all applicable laws, regulations and standards;
4. insure the availability on an emergency basis of the Consultant Pharmacist or his designate for
administrative or pharmaceutical problems that arise which are directly related to the consultant
pharmacy services at the Health Department;
5. provide the supervision and evaluation of undergraduate students assigned on a rotational basis to
receive experience in the provision of consultant pharmacy services; student activities may include:
assisting the pharmacist in providing consultant service, participate in projects to evaluate or improve
therapeutics or pharmacy related activities, present or participate in inservice education activites;
6. make available to the Health Department a roster of people(pharmacists and students) who will be
working in fulfillment of this contract; all personnel changes in the roster will be submitted in advance to
the Director of the Health Department;
7. Prepare and present one or more Inservice Programs annually to the medical/nursing staff on a
mutually agreeable topic;
8. render a bill quarterly in September, December, March and June to the Health Department for the
agreed upon fee.
III. This contract shall be effective as of the 1st day of July 1992, and shall terminate on the 30th day of
June 1993. It is agreed that either party may terminate this agreement by giving thirty(30) days
notice to the other party of its intention to do so, said notice to be in writing.
IV. This contract represents the entire understanding of the parties. Any modification of any type must
be in writing and must be signed by both parties to be effective.
ORANGE COUNTY HEALTH DEPARTMENT CON'ULTANT PHAR ST
cle/i24(41- 1 J
�Ii - A)
Orange County Board of Commis '4'n: s Dennis M. Williams, Pharm.D., BCPS
p. A
(, /((,/cf_
Director Date
Orange County Health Department
Finance Director
‘474. � I
Date
ORANGE COUNTY FINANCE DEPARTMENT
"This instrument has been pre-audited
in the manner required by the Local
Government Budget and Fiscal Control
Act."
CONTR6-3.DOC/DMW-2(a)/6-14-93/cw
5
APPENDIX A
CONSULTANT PHARMACIST DUTIES
AT THE ORANGE COUNTY HEALTH DEPARTMENT
I. Administrative Duties:
A. Develop, implement and/or assist in the improvement of written policies and procedures for
legal, safe and effective drug therapy, distribution, control and use.
1. Work with appropriate staff in:
a. Developing and maintaining a formulary.
b. Evaluating and improving procedures for drug
procurement, storage, packaging and labeling.
B. Oversee all activities related to the operation of the pharmacy.
C. Prepare a quarterly report reviewing pharmacy activates and related issues.
D. Prepare an annual report summarizing pharmacy activities and accomplishments for the
previous year and goals and plans for the next year.
E. Assist appropriate staff in preparing the budget for pharmaceuticals and related supplies,
when requested.
F. Assist appropriate staff in managing the budget and inventory of pharmaceuticals.
II. Drug Distribution:
A. Maintain supervisory responsibility for medication repackaging and labeling.
B. Appropriately supervise and review the drug distribution system as carried out by the mid-level
practitioners, other prescribing providers,and public health nurses.
C. Maintain the drug distribution system in compliance with all laws, regulations and standards.
CONTR6-3.DOC/DMW-2(a)/7-15-92/eh
CHICAGO INSURANCE COMPANY
CHICAGO, ILLINOIS 6
PURCHASING GROUP POLICY 44-2010129
PROFESSIONAL LIABILITY DECLARATIONS
INSURED FEENNIS WILLIAMS. —1 CERTIFICATE PLP-2004
..5123 :OAKBROOK'. DRIVE NO.: 86-
NAME . DURHAM . NC. 27713 I .0009508128
AND
ADDRESS L
AFFILIATION: PHARMACIST: PROFESSIONAL' LIABILITY: PLAN:
PROFESSIONAL PHARMACISTS POLICY FROM 08/21192 S To 08/21 /93 ,2;OIOTHADAYS M AT
OCCUPATION
PERIOD STANDARD TIME
I 1 I I
The limit of the company's liability, subject to all the terms of this insurance having reference thereto, shall be as stated here:
COVERAGE LIMITS PREMIUM
PROFESSIONAL $1 00 00■DUO EACH INCIDENT
$31 O O0,l3 0t1 POLICY AGGREGATE
$171..00
POLICY ISSUE DATE: 03121./92
OFFERED THROUGH THE ALLIED HEALTH PURCHASING GROUP ASSOCIATION, A NOT-FOR-PROFIT
CORPORATION LOCATED AND DOMICILED IN THE STATE OF ILLINOIS.
PROFESSIONAL LIABILITY INSURANCE
THE COMPANY
Hereby agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the
premium and in reliance upon the statements contained in the declarations and in the application and subject to the
limits of liability, exclusions, conditions and other terms of this insurance:
INSURING AGREEMENTS
I. PROFESSIONAL LIABILITY. To pay on behalf of the insured all sums which the insured shall become legally
obligated to pay as damages because of injury to which this insurance applies, caused by an incident which
occurs during the policy period. This insurance also applies to all sums the insured shall become obligated to pay
as damages because of services by the insured as a, member of a formal accreditation or similar professional
board or committee of a hospital or professional society in the practice of the insured's professional occupation as
stated in the declarations committed by the insured during the policy period.
II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS. It is further agreed that as respects insuranc€
afforded by this policy the company shall, in addition to the applicable limit of liability of this policy:
(a) defend in his name and on his behalf any claim or suit against the insured to which this insurance applies.ever
if such suit is groundless, false or fraudulent; but the company shall have the right to make such investigation
negotiation and settlement of any claim or suit as may be deemed expedient by the company.
(b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liabilit
of this policy, all premiums on appeal bonds required in any such defended suit, but without any obligation tc
apply for or furnish such bonds, all costs taxed against the insured in any such suit, all expenses incurred b
the company, all interest accruing after entry of judgment until the company has paid, tendered, or deposited it
court such part of such judgment as does not exceed the limit of the company's liability thereon, and expense
incurred by the insured for first aid to others at the time of incident, for bodily injury to which this polic
applies;
D084485428
POP-2004(4188) Page 1 of 4
-" c •: 'does not apply. 7
• (al to claims arising out of services performed by the insured as a physician, surgeon, dentist, nurse anesthetist, nurse
midwife, nurse practitioner, physician's assistant, surgeon's assistant, baby sitter, emergency medical technician or
an-- other occupation or profession not specified in the declarations; -
(b) to ' jury arising out of the performance by the insured while under the influence of intoxicants or drugs;
(c) to claims brought against the insured as a proprietor, owner, partner, manager, superintendent or officer of any
hospital, sanitarium, pharmacy, nursing home, clinic or laboratory, or to claims brought against the insured arising
out of any trade, business, employment profession or occupation other than as specified in the declarations or any
endo
o injury to any employee o the insured arising out of and in the course of his employment by the insured or to
any obligati oT the insured to indemnify another because of damages arising out o; such 'njury;
•
(e) to any obligation for which the insured or any carrier as his insurer may be held liable under any worker's
compensation, unemployment compensation or disability benefits law, or under any similar law;
(f) to claims brought against the insured arising out of service performed in administering anesthetics or radiation
therapy;
(g) to fines, penalties, punitive damages or the return of fees or other consideration paid to any insured;
(h) to that portion of any award or judgment caused by the trebling or multiplication of actual damages under federal or
state law;
(i) to any dishonest, fraudulent, criminal or malicious act or omissions of the insured;
(j) to injury based on or arising out of the practice of the insured's professional occupation as stated in the
declarations unless the insured is properly licensed or certified by the laws of the state(s) in which the insured
practices, or is otherwise qualified to practice the insured's professional occupation in the absence of such laws;
(k) to injury arising out of:
(1) sexual activity, molestation, assault or abuse by any insured or any employee of any insured, or any volunteer
or other person performing services for any insured, whether such sexual activity, molestation, assault or
abuse is committed intentionally, negligently, inadvertently, or with the belief by such insured, employee,
volunteer or other person, erroneous or otherwise, that the victim is consenting to sexual activity and has the
legal and mental capacity to consent thereto;
(2) the employment or supervision of any person who engages in such sexual activity, molestation, assault or
abuse; or
(3) the failure to protect any person from such sexual activity, molestation, assault or abuse.
However, notwithstanding the foregoing exclusiorc, the insured shall be protected under the terms of this policy as
to any claim upon which suit may.be brought against him, for any such alleged behavior by an insured unless a
judgment or final adjudication adverse to the insured shall establish that such behavior occurred as an element of
the cause of action so adjudicated. The company shall not be required to appeal a judgment or final adjudication
adverse to the insured;
(I) to acts or omissions by any insured expected or intended to cause bodily injury or property damage, regardless
of whether or not such act or omission was intended to cause the specific bodily injury or property damage
sustained.
DEFINITIONS
•
"bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period,
including death at any time resulting therefrom;
"damages" means compensatory damages, awards or settlements, but does not include requests for injunctive or other
non- pecuniary relief;
"insured" means the person or entity shown on the declarations;
POP-2004(4/88) Page 2 of 4
8
"incident" means any act or omission in the furnishing of services by the insured in the professional occupation shown
in the declarations; • -
"injury" inclbdes, buts not limited to, bodily injury, property damage, personal injury and emotional trauma or distress;
"personal injury" means the following offenses:
Group 1 - false arrest, detention or imprisonment, invasion of privacy or malicious prosecution;
Group 2 - the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a
publication or utterance in violation of an individual's right of privacy; except publications or utterances in the course
of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the insured;
"property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy
period, including the loss of use thereof at any time resulting therefrom or (2) loss of use of tangible property which has
not been physically injured or destroyed provided such loss of use is caused by an incident during the policy period.
CONDITIONS
1. LIMITS OF LIABILITY. Regardless of the number of insureds under this policy, persons or organizations who
sustain injury or claims made or suits brought:
(a) Each Incident: The total liability of the company for all damages to which this insurance applies as a result
of any one incident shall not exceed the amount stated in the declarations as "each incident". All claims arising
from the same or related act or omission shall be considered a single incident for purposes of this section.
(b) Policy Aggregate: Subject to the foregoing, the total liability of the company for all damages to which this
insurance applies as a result of all incidents during the policy period shall not exceed the amount stated in the
declarations as "policy aggregate".
2. INSURED'S DUTIES IN THE EVENT OF AN INCIDENT, CLAIM OR SUIT. The insured shall give written notice
to the company as soon as practicable of any claim made against the insured or of any specific circumstances
involving a particular person likely to result in claim. The notice shall identify the insured and contain reasonably
obtainable information with respect to the time, place and circumstances of the incident, including the names and
addresses of the patient or client and of available witnesses. If a claim is made or suit is brought against the
insured, the insured shall immediately forward to the company every demand, notice, summons or other process
received by him or his representative.
3. ASSISTANCE AND COOPERATION OF THE INSURED. The insured shall cooperate with the company and,
upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and
giving evidence, obtaining the attendance of witnesses and in the conduct of suits; and in enforcing any right of
contribution or indemnity against any person or organization who may be liable to the insured; and the company
shall reimburse the insured for expenses, other than loss of earnings, incurred at the company's request. The
insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any
expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of
incident.
4. ACTION AGAINST THE COMPANY. No action shall lie against the company unless, as a condition precedent
thereto, the insured shall have fully complied with all of the terms of this policy, nor until the amount of the
insured's obligation to pay shall have been finally determined either by judgment against the insured after actual
trial or by written agreement of the insured, the claimant, and the company.
5. BANKRUPTCY OR INSOLVENCY. Bankruptcy or insolvency of the insured or of the insured's estate shall not
relieve the company of any of its obligations hereunder.
6. OTHER INSURANCE. If there is other valid insurance (whether primary, excess, contingent or self-insurance)
which may apply against a loss or claim covered by this policy, the insurance provided hereunder shall be deemed
excess insurance over and above the applicable limit of all other insurance or self-insurance.
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any other insurer or self-insurer has a any to defend, If such other insurer or self-insurer refuses to defend such 9
claim•or suit, the company shall be entitled to the nsured's rights against all such other insurers or self-insurers for
any defense costs incurred by the company.
When both this insurance and other insurance or self- insurance apply to the loss on the same basis, whether
primary,-excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss
or defense costs than the applicable limit of liability under this policy for such loss bears to the total applicable limit
of liability of all valid and collectible insurance against such loss.
7. SUBROGATION. In the event of any payment under this policy the company shall be subrogated to all the
insured's right of recovery therefor and the insured shall execute all papers required and shall do everything that
may be necessary to secure such rights.
8. CHANGES. No notice to any agent, or knowledge possessed by any agent or by any other person shall be held to
effect a waiver or change in any part of this policy nor estop the company from asserting any right under the terms
of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part
thereof, signed by an executive officer of the company or its authorized representative.
9. ASSIGNMENT. No assignment of interest under this policy shall bind the company until its consent is endorsed
hereon; if, however, the named insured shall die or be adjudged bankrupt or insolvent within the policy period, this
policy, unless cancelled, shall, if written notice by given to the company within sixty days after the date of such
death or adjudication, cover the named insured's legal representative as the named insured.
10. CANCELLATION. This insurance may be cancelled on the customary short rate basis by the insured at any time
by written notice or by surrender of this insurance to the company or its authorized representative. This insurance
may also be cancelled, with or without the return or tender of the unearned premium, by the company, or by its
authorized representative on its behalf, by delivering to the insured or by sending to the insured by mail, registered
or unregistered, at his address last known to the company or its authorized agent, not less than thirty days written
notice, or as required by statute, whichever is greater, stating when the cancellation shall be effective, and in such
case the company shall refund the paid premium less the earned portion thereof on demand, subject always to the
retention by the company of any minimum premium stipulated herein (or proportion thereof previously agreed upon)
in the event of cancellation either by the company or the insured. In case of non-payment of premium only ten
days written notice of cancellation must be given by the company.
11. POLICY TERRITORY. This insurance applies only to incidents within the United States of America, its territories
or possessions.
In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid
unless, if necessary, it is countersigned by a duly authorized representative of the company.
* 01010%•>1°.. p... Lei( /
Secretary President
POP-2004(4/88) Page 4 of 4