Upoważnienie do podpisania porozumienia o współpracy pomiędzy Naczelną Izbą Lekarską a Europejską Unią Lekarzy Specjalistów w zakresie akredytacji międzynarodowych wydarzeń edukacyjnych oraz materiałów do szkoleń o charakterze e-learning w ramach systemu doskonalenia zawodowego lekarzy.
Lekarz.2014.3.7
Akt nieocenianyUCHWAŁA Nr 44/14/P-VI
PREZYDIUM NACZELNEJ RADY LEKARSKIEJ
z dnia 7 marca 2014 r.
w sprawie upoważnienia do podpisania porozumienia o współpracy pomiędzy Naczelną Izbą Lekarską a Europejską Unią Lekarzy Specjalistów w zakresie akredytacji międzynarodowych wydarzeń edukacyjnych oraz materiałów do szkoleń o charakterze e-learning w ramach systemu doskonalenia zawodowego lekarzy
ZAŁĄCZNIK
COOPERATION AGREEMENT
COOPERATION AGREEMENT
BETWEEN:
1. The EUROPEAN UNION OF MEDICAL SPECIALISTS (UEMS), an international non-for-profit organization incorporated under the laws of Belgium, having its registered office at 20 Avenue de la Couronne, 1050 Brussels (Belgium), acting through its department the European Accreditation Council for Continuing Medical Education (EACCME®), hereby validly represented by [imię i nazwisko oraz stanowisko osoby reprezentującej UEMS];
and
2. Naczelna Izba Lekarska (Polish Supreme Chamber of Physicians and Dentists), an organizational body of the professional self-government of medical doctors and dentists incorporated under the laws of Poland, seated in Warsaw, address: Sobieskiego 110, 00-764 Warsaw, Poland, hereby validly represented by Mr Maciej Hamankiewicz, President of Supreme Medical Council, (the "NIL");
The parties sub (1) to (2) shall hereafter be referred to individually as a "Party" and collectively as the "Parties".
RECITALS:
The UEMS is a non-governmental voluntary organisation associating the national medical organisations that represent medical specialists in the European Union and in associated countries. The UEMS established the European Accreditation Council for Continuing Medical Education (EACCME®), in January 2000, with the aim of encouraging high standards in the development, delivery and harmonisation of continuing medical education (hereafter "CME") and continuing professional development (hereafter "CPD").
(A) The UEMS-EACCME® has established an international accreditation system described in Annex 2 and Annex 6 applicable to live CME events and e-learning materials respectively, and has introduced a common "CME currency": the European CME Credit (ECMEC®).
(B) The UEMS-EACCME® serves as the central link between the national accreditation authorities (NAAs), the UEMS specialist sections and boards (S&Bs), the European specialty accreditation boards (ESABs) and the providers of international CME/CPD activities. UEMS-EACCME® accreditation will be automatically recognised in all the countries, in and outside Europe, whose NAAs have signed an agreement with UEMS-EACCME®.
(C) NIL is a public law organisation which forms - together with the regional chambers of physicians and dentists and the Military Chamber of Physicians and Dentists - the professional self-government of medical doctors and dentists in Poland whose statutory tasks comprise the role of the national accrediting authority in Poland.
(D) The Parties to this Cooperation Agreement acknowledge the need to collaborate on accreditation for International CME events, mutual recognition of CME credits, improvement of CME accreditation quality and on related activities.
(E) The Parties wish to cooperate in this respect pursuant to the terms and conditions defined herein.
THE PARTIES AGREE AS FOLLOWS
1. Interpretation
1.1 Unless the context or the express provisions of this agreement otherwise require:
(a) All references to this agreement include the schedules and all other attachments hereto;
(b) Words importing the singular shall include the plural and vice versa;
(c) All references to documents include, unless expressively stated otherwise, all amendments and restatements thereof and supplements thereto;
(d) All references to a provision of law include a reference to that provision as amended or re-enacted;
(e) All references to a "party" include references to its permitted assigns and transferees and its successors in title; and
(f) Headings contained herein are for ease of reference only;
2. Mutual recognition of competence for accreditation of international CME live events
2.1 Subject to the terms and conditions of this agreement, the Parties mutually acknowledge and recognize each other as competent bodies for accreditation of international CME live events taking place in the home country of NIL.
2.2 The Parties reviewed each other system of accreditation and recognize that their respective accreditation systems are compatible and complementary, and can be simultaneously applied in evaluating an international CME live event taking place in the home country of NIL, it being specified, for the avoidance of doubt, that such an international CME live event will only benefit from EACCME® accreditation provided that it meets the evaluation criteria of both Parties.
2.3 The Parties state that potential problems with application of a principle described in 2.2 have been raised, communicated and resolved prior to the performance of this agreement.
2.4 UEMS-EACCME® shall inform the providers of international CME live events of the additional criteria and/or requirement(s) imposed by NIL for accreditation through mention of them on its website (www.eaccme.eu) that will be used as the single entry point for accreditation of the planned live CME event.
2.5 NIL shall inform the providers in Poland on its website of this agreement, its applicability to international live educational events and to international e-learning materials and of benefits of UEMS-EACCME® accreditation, it being specified, for the avoidance of doubt, that NIL shall never be allowed to publish such agreement on its website and/or disclose it to any third party without the prior written consent of UEMS-EACCME®.
2.4 Neither Party shall modify, delete or add evaluation criteria for the accreditation of an international CME live event pursuant to this agreement without the prior written notification of the other. The Party notified will immediately confirm reception of the notification and the Parties shall cooperate to adjust their procedures and - if necessary - to amend this agreement in order to assure uninterrupted availability of the accreditation procedure.
2.6 It is agreed between the Parties that in case of delayed notification or insufficient time to amend the procedures described in this agreement new criteria and/or additional requirements shall not apply and shall not prevent the international accreditation procedures. Should such situation arise, the Parties shall immediately start consultation and shall cooperate to resolve outstanding issues.
3. UEMS-EACCME® accreditation procedure for international CME live events
3.1 Within the framework of the UEMS-EACCME® accreditation procedure, UEMS-EACCME® hereby agrees to appoint NIL as the national reviewer body as defined in Annex 2 with effect from the date hereof and NIL accepts such appointment to do all such acts as set out hereafter in the capacity of national reviewer.
3.2 The Parties will ensure that a CME live event is granted UEMS-EACCME® accreditation only if both the EACCME® criteria as outlined in Annex 3 as well as Polish national criteria outlined in Annex 4 are duly met.
3.3 When reviewing an application form relating to a CME live event for UEMS-EACCME® accreditation, NIL commits to:
(a) at all times act in good faith and in accordance with any applicable rules and regulations as may be required by applicable statutes or regulatory body;
(b) constitute and maintain at all times a pool of competent and independent professionals who will be involved by NIL as reviewers in the accreditation procedure of a CME live event, it being specified that NIL shall need to keep the identity of those reviewers confidential towards third parties not bound by this agreement;
(c) provide UEMS-EACCME® with the evaluation of the application form for CME live events and the related material within five (5) weeks as of the day upon which the information was communicated to it by UEMS-EACCME®, it being specified that UEMS-EACCME® shall only communicate an application form when the latter is completed and the application fee has been fully paid by the provider;
(d) use the ECMEC® allocation system put in place by UEMS-EACCME® as referred to in Annex 1 and, if necessary, will convert the granted ECMECs® into national units, following its own national credit system using the form described in Annex 5.
3.4 Failure of NIL to perform the evaluation within the time specified (5 weeks), shall allow UEMS-EACCME® to seek an alternative expert assessment notwithstanding any provision to the contrary in this agreement, and shall imply forfeiture of the NIL's right to the Fee (as defined hereafter).
3.5 For the avoidance of doubt, neither Party is authorised to, and shall not, directly or indirectly, undertake any obligation on behalf of the other towards a CME provider seeking UEMS-EACCME® or national accreditation.
4. Monitoring of UEMS-EACCME® accredited international CME live events
4.1 The evaluation defined in this clause is an additional control procedure that neither does replace nor relies upon regular evaluation procedures described by accreditation criteria used by the Parties.
4.2 NIL shall conduct on-site visitation or shall use other procedures customary in Poland to control quality and compliance with both its own and UEMS-EACCME® criteria of at least 10% of live educational events that obtained accreditation according to the procedure described in this agreement, taking place in Poland.
4.3 Results of control procedure shall be communicated to UEMS-EACCME® as soon as a report is ready but no later than 3 months after an evaluated event took place.
4.4 UEMS-EACCME® shall immediately notify NIL in case it receives an information on possible lack of compliance of a live educational event accredited according to this agreement.
4.5 The Parties shall jointly assess all cases of noncompliance with accreditation criteria and will jointly decide (by consensus) whether accreditation should be revoked and whether corrective actions should be undertaken for future accreditation.
5. UEMS-EACCME® accreditation of e-learning materials
5.1 UEMS-EACCME® is the competent accreditation body for e-learning materials created by providers seeking ECMECs that can be used by doctors across Europe and, pursuant to a mutual recognition agreement with the American Medical Association, also in North America.
5.2 UEMS-EACCME® accreditation of e-learning materials shall only be granted if the EACCME® criteria and the procedure described in Annex 6 have been complied with.
5.3 The review of the application form and the related materials shall be done by two individuals appointed by the UEMS-EACCME® at its sole discretion pursuant to a taxi-rank system, of which:
- One individual shall be elected by the UEMS-EACCME® from a pool of candidates reviewers presented by NIL;
- One individual shall be elected by the UEMS-EACCME® from a pool of candidates reviewers presented by the relevant European Specialty Accreditation Board or UEMS Specialty Section.
5.4 NIL shall constitute and maintain at all times a pool of competent and independent professionals who will be involved by UEMS-EACCME® as reviewers in the accreditation procedure of e-learning materials, it being specified that NIL shall need to keep the identity of those reviewers confidential towards third parties not bound by this agreement.
5.5 UEMS-EACCME® will inform NIL if a reviewer has performed unsatisfactorily on one or more occasions. In this situation UEMS-EACCME® will be entitled to request exclusion of such person from the pool of reviewers presented to it.
5.6 It is agreed between the parties that UEMS-EACCME® shall pay a fee to each reviewer which has participated to the accreditation procedure once such review has been completed and an invoice has been transmitted to the UEMS-EACCME®. For the avoidance of doubt, this means that NIL shall never be entitled to any fee or payment for UEMS-EACCME® accreditation of e-learning materials from UEMS-EACCME® pursuant to this agreement.
6. Recognition of UEMS-EACCME® accreditation
6.1 NIL shall inform and guide the regional chambers of physicians and dentists and the Military Chamber of Physicians and Dentists that any accreditation granted by UEMS-EACCME® and pertaining to live events taking place outside Poland is to be automatically recognized in Poland in accordance with the applicable Polish law.
Live events taking place in Poland need additional national accreditation in accordance with the Polish law.
6.2 When applicable or required NIL shall convert number of ECMECs granted by UEMS-EACCME® to its own national credit system using the form described in Annex 5.
6.3 When NIL sball receives and process requests to confirm validity of credits obtained by participants of live CME events and/or users of e-learning materials accredited by UEMS-EACCME® coming from the participants/users practicing in Poland NIL shall direct them for processing to the appropriate regional chamber of physicians and dentists or the Military Chamber of Physicians and Dentists. UEMS-EACCME® shall direct and transfer such requests to NIL.
NIL shall be in charge of contacts with the regional chambers of physicians and dentists and the Military Chamber of Physicians and Dentists and shall undertake to resolve arising issues to assure proper recognition without undue delays.
7. Accreditation fees for international CME live events
7.1 In respect of all accreditation services performed by NIL as described here above, NIL shall be entitled to receive an accreditation fee (the "Fee") according to the fee sliding scale specified in Annex 2.
7.2 The Fee is only payable after the evaluation by NIL has been received by UEMS-EACCME®, and will be transferred to NIL upon submission of an invoice at the end of every quarter.
4.3 NIL shall be in charge of reimbursement of the individual(s) who performed the evaluation on behalf of NIL. The UEMS-EACCME® shall not be liable in any manner whatsoever with regard to the allocation of the Fee to the individual(s).
8. Exclusivity
8.1 Unless mutually agreed between the Parties to this agreement, during the term of this agreement, neither Party shall cooperate with any third party who is an accreditation authority with respect to international accreditation of CME live events taking place in the home country of NIL and/or e-learning materials it being specified that this exclusivity undertaking shall not prevent UEMS-EACCME® to submit the review of an EACCME® accreditation application to the relevant specialty-based organization in accordance with its accreditation procedures as referred to under Annex 2 and Annex 6 (as applicable).
8.2 NIL shall at all times take all necessary measures to ensure that every application for international accreditation made to it by providers of CME activities is redirected to UEMS-EACCME® via its online application system (www.eaccme.eu).
9. Advisory Council
9.1 The UEMS-EACCME® holds annually an Advisory Council meeting gathering all the NAAs, the UEMS specialist sections and boards, the ESABs and other partners (if any) involved in UEMS-EACCME® accreditation in order to evaluate the cooperation with regard to accreditation of international CME live events and/or e-learning materials, and issue any recommendation in this respect as deemed appropriate or necessary.
9.2 Representatives of NIL shall be entitled to attend this Advisory Council and shall report on the evolution of the accreditation activities in its own country.
10. Representations and warranties
10.1 The Parties represent to each other that:
(a) During the term of this agreement, they shall never have any direct or indirect interest - other than in the normal course of their activities of national or international accreditation body (as the case may be) - in relation with any person carrying a business of CME live event and/or e-learning material provider and/or any person carrying a business in the medical devices and equipment sector or pharmaceutical sector;
(b) Any person appointed as reviewer of the accreditation applications on behalf of the Parties pursuant to this agreement is a competent and reliable professional which has executed a written declaration of absence of conflict of interest towards CME live event and/ore-learning material providers and/or the medical devices and equipment sector or pharmaceutical industry.
11. Term and termination
11.1 This agreement is entered into between the parties for an initial period of [3 years] from the date hereof.
11.2 Subject as provided in this clause, either party is entitled to terminate this agreement by giving the other not less than six months prior notice. The expiration or termination of this agreement for any reason shall not affect a party's accrued rights and obligations as at the date of the expiration or termination of this agreement.
11.3 The notice must be sent by registered mail. The termination letter must mention the commencement date and the duration of the notice period. The notice period will start on the third working day after the registered mail was posted and will, in principle, end at the end of a calendar month.
11.4 Either party may terminate this agreement by summary notice to the other if:
(a) an order is made or a petition is presented or an effective resolution is passed for the winding-up of such other party; and
(b) such other party commits a breach of any of the provisions of this agreement and, in the case of a breach capable of remedy, fails to remedy the same within thirty (30) calendar days after receipt of a notice in writing giving particulars of the breach and requiring it to be remedied.
12. Entire agreement
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
13. Assignment
Neither Party shall assign or otherwise encumber or dispose of any of its rights under this agreement without the prior written consent of the other which it shall be fully entitled to withhold.
14. Severability
In the event that the whole or any part of the terms, conditions or provisions contained in this agreement shall be determined invalid, unlawful or unenforceable to any extent then such term, condition or provision shall be severed from the remaining terms, conditions and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15. Variation
No provision of this agreement shall be amended except in writing signed by the Parties or their duly authorised representatives.
16. Waiver
No failure or delay in exercising any right, power or remedy under this agreement and no course of dealing shall operate as a waiver of such right, power or remedy. No single or partial exercise of any such right, power or remedy shall preclude any future or other exercise of that or any right, power or remedy.
17. Applicable law and jurisdiction
17.1 This agreement shall be governed by and construed in accordance with Belgian law.
17.2 Any dispute in connection with this agreement shall be subject to the jurisdiction of the courts of Brussels, without prejudice to the rights of the parties to take legal action before any other court of competent jurisdiction.
Made in two originals, each party having received one on [data podpisania] 2014.
[UEMS-EACCME®]
__________________________________
Duly and validly represented by
Name:
Title:
[...]
__________________________________
Duly and validly represented by
Name:
Title:
Annex 1: ECMEC® allocation system
Annex 2: International accreditation system for CME live events
(document UEMS 2012 / 30)
Annex 3: UEMS-EACCME® criteria for CME live events
Annex 4: NAA criteria for CME live events
Annex 5: Form as referred to under articles 3.3 d) and 6.2
Annex 6: International accreditation system for e-learning materials
(document UEMS 2011 / 20)