TERMS OF USE – APPROVED M.D./THERAPIST/CLINICIAN

by | May 7, 2020 | Uncategorized

APPROVED M.D./THERAPIST/CLINICIAN

TERMS OF USE

 

Welcome to EMDR Disaster Network.  This is an agreement between the undersigned Therapist/Clinician/M.D. (hereinafter collectively “Therapist”) and EMDR Disaster Network (hereinafter “EMDRDN” or “Disaster Network”).  After Therapist agrees to the terms set forth below, the Therapist will be allowed to register via the EMDRDN Registration portal in order to be profiled on the EMDRDN publically-accessible database.  As consideration for such public profile, Therapist shall fully and completely comply with the terms and conditions set forth below.  

  1. INDEPENDENT CONTRACTOR:  Therapist understands and agrees that he or she is NOT an employee or agent of EMDRDN or any of its officers, directors or employees.  Instead, Therapist is an independent contractor who can interact with and provide in person and/or telehealth services to his or her clients/patients (hereinafter collectively “clients”).  EMDRDN has no right to control and does not control the treatment, therapy or other healthcare decisions made by Therapist when providing therapy/treatment to his or her clients.  EMDRDN is NOT a licensed healthcare provider and does not provide healthcare to any of Therapist clients.   
  2. ETHICAL & CODE OF CONDUCT COMPLIANCE:  Therapist shall adhere to any and all ethical guidelines and code of conduct applicable to Therapist license.  It is Therapist responsibility to be fully familiar and comply with the laws and regulations within the State of Therapist’s licensure, including but not limited to, the laws and regulations relating to providing telehealth services.  Therapist must hold a current and active professional health care license that is in good standing.  If Therapist does not hold a current and active professional health care license that is in good standing, Therapist shall not register on the EMDRDN.  If Therapist license status becomes inactive or suspended, Therapist is responsible for editing his or her profile on the EMDRDN database and informing the EMDRDN so that the listing can be removed.  
  3. BUSINESS ASSOCIATE AGREEMENT: The Parties agree that the Terms of Use set forth herein incorporates in its entirety the Business Associate Agreement and, by execution of this Agreement (electronically signed). If any provision within these Terms of Use conflict with HIPAA or The HIPAA Rules then such provision shall be considered null and void.  
  4. INFORMED CONSENT:  Prior to providing any telehealth services to any client who accessed the Therapist via the EMDRDN’s Portal, the Therapist acknowledges and represents that Therapist has done the following:
  5. Therapist shall competently understand and comply with any and all requirements promulgated by the applicable state licensing or regulatory agency that issued Therapist license, which includes competently understanding the benefits and potential risks associated with telehealth services.  [For example, in California a Therapist must verbally inform the patient that telehealth may be used and obtain verbal consent from the patient before providing telehealth services.  Moreover, the verbal consent must be documented in the patient’s medical record.]  
  6. After Therapist has acquired the requisite knowledge and understanding of the benefits and risk associated with telehealth services and prior to Therapist providing his or her client(s) telehealth services, Therapist shall obtain the informed consent required by the state of Therapist licensure. 
  7. THERAPIST SCHEDULING & ACCESS TO DISASTER NETWORK:  Having a profile on EMDRDN is free.  Therapist chooses how and when he or she consults, treats or communicates with clients.  Therapist shall consult, treat or communicate with clients separately from EMDRDN.  
  8. INSURANCE REQUIREMENT:  Therapist SHALL have and continuously maintain professional liability insurance with minimum per claim and aggregate limits of $1 million.  Therapist agrees to immediately notify EMDRDN if Therapist’s professional liability policy is ever cancelled or not renewed so that the Therapist profile can be deleted from the EMDRDN database.  
  9. INDEMNITY PROVISION:  Therapist shall fully and completely defend, indemnify and hold harmless EMDRDN and its volunteers, staff, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or in any way connected with Therapist’s acts and/or omissions arising from and/or relating to this Agreement and/or the services, treatment and conduct arising from and/or relating to the professional services Therapist provided to any client(s).

Where any claim is asserted against EMDRDN or any of its volunteers, staff, or agents, EMDRDN will provide Therapist with reasonably timely notice of said claim in writing. 

Thereafter, Therapist shall at its own expense defend, indemnify, protect and save harmless EMDRDN against said claim or any loss or liability resulting therefrom.

Should Therapist fail to provide EMDRDN a defense and agree to indemnify and save harmless within 30 days after given notice of said claim, then, in such case, EMDRDN shall have full rights to defend, pay or settle said claim on its own behalf without notice to Therapist and shall be entitled to recover against Therapist all fees, costs, and payments made or agreed to be paid to discharge said claim.

Therapist shall pay all reasonable attorneys’ fees necessary to enforce said indemnification.

This indemnity provision shall be unlimited as to amount or duration, and it shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal agents and representatives.

  1. ONLY INTRASTATE THERAPY ALLOWED:  Therapist shall only provide telehealth services to clients residing within the state(s) in which Therapist is duly and actively licensed to practice.  EMDRDN does not allow and does not authorize the use of its Therapist or Client Portals to provide any type of telehealth services to residents within states Therapist is not duly licensed.
  2. TERMINATION & REVOCATION: Having an EMDRDN profile is a privilege extended to licensed Therapist by EMDRDN.  As such, EMDRDN retains the exclusive and absolute right to accept, reject, terminate and/or revoke any Therapist’s privilege to be have an EMDRDN profile for any reason whatsoever. This exclusive right includes the right to change or modify, at any time, the terms of use and/or provisions set forth in this agreement without any prior notice.  
  3. ATTORNEYS FEES:  In any litigation,arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to and be awarded its reasonable attorney fees, andcosts and expenses incurred.
  4. ARBITRATION AGREEMENT:  Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the county of San Diego, Ca. before a single arbitrator. The arbitration shall be administered by the Judicial Arbitration Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  In any arbitration arising out of or related to the Terms of Use set forth herein, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. 
  5. CALIFORNIA LAW & VENUE:  This Agreement and any dispute arising therefrom shall be governed by California law and filed within the county of San Diego, CA. 
  6. ACKNOWLEDGEMENT & AGREEMENT:  You are not authorized to proceed any further unless you check the box below, which shall signify and operate as your acknowledgement that you have read and understand all of the statements, conditions and terms set forth above and willingly agree to abide by, and be legally bound to, all of the terms of use and conditions set forth herein.  

TERMS OF USE - APPROVED M.D./THERAPIST/CLINICIAN - Terms of Use - Client