Nothing in this agreement is intended to be contrary to state or federal laws. In the event of conflict between
terms of this agreement and any applicable state or federal law, that state or federal law will supersede the terms
of this agreement. In the event of conflict between state and federal law, federal law will govern.
Protection of faculty members (except those providing services under a contract with VA) and trainees of the
sponsoring institutions, while at VA health care facilities and when furnishing professional services covered by
this agreement, will be that which is provided under the Federal Employees Liability Reform and Tort
Compensation Act, 28 U.S.C. 2679 (b)-(d).
RESPONSIBILITIES
1. The affiliated participating institution has the following responsibilities:
A. Operate, manage, and assume overall educational responsibilities for the educational program and
maintain accreditation by an agency that is recognized by the Accreditation Council for Graduate Medical
Education (ACGME) for medical residents.
B. Authorize VA to receive from ACGME, and ACGME to provide VA, pursuant to a Memorandum of
Understanding between VA and ACGME, letters of notification sent by ACGME to each institution having
graduate medical education programs with which VA is affiliated.
C. Participate in the supervision of integrated academic programs at VA.
D. Select residents for academic programs operated jointly by VA and the sponsoring institution. Residents
accepted for assignment at VA facilities must have the qualifications and credentials as agreed upon by the
sponsoring institution and VA.
E. Develop educational program letters of agreement for each VA health care facility that provides a resident
with educational experience that is one month or longer in duration. These agreements must identify faculty who
will teach, supervise, and evaluate resident performance; oversee duty hours; outline resident educational
objectives; specify periods of resident assignment; and establish policies and procedures for maintaining resident
education during the assignment.
F. Evaluate the trainee’s performance and conduct in mutual consultation with the program director and
according to the guidelines outlined in the approved curriculum and accepted standards.
2. VA has the following responsibilities:
A. Operate and manage the VA facility and maintain accreditation by the Joint Commission on Accreditation
of Healthcare Organizations (JCAHO) and other accrediting entities.
B. Appoint qualified health care professionals, as appropriate, as full-time or part-time staff of the facility,
who will provide supervision of trainees and provide veteran patient care.
C. Participate with the sponsoring institution in the academic programs of education and research, provide an
appropriate learning environment, and supply sufficient resources for appropriate conduct of such programs.
D. Assure that staff with appropriate credentials will supervise trainees.
E. Establish minimal qualifications for trainees coming to VA for academic programs.
F. Orient trainees and faculty to the VA facility and inform them that they are subject to VA rules and
regulations while in a VA facility.
G. Review and sign appropriate educational program letters of agreement prepared by the sponsoring
institution for trainees.
VA FORM 10-0094c
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