Data Sharing Agreement

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data sharing agreement

This Data Sharing Agreement (the “Agreement”) is entered into this _____ day of______, 20____ between:

Emergency Medical Services Chiefs of Canada (EMSCC),
a not for profit corporation incorporated under the laws of the Canada Corporations Act
(“EMSCC or Successor”);

- and -

[INSERT PROPER LEGAL NAME], a corporation incorporated under the laws of [insert jurisdiction]
(“Emergency Services Provider”)

(each a “Party” and together, the “Parties”)

RECITALS

A.EMSCCis developingand operating a National Emergency Medical Services (EMS) Database(“National EMS Database”) containing non-identifying EMS incident data from participating emergency service providers that can be used by EMSCC, emergency service providers and others for approved planning, quality improvement and research purposes (the “Permitted Purposes”);

B.Emergency Services Providermaintains an electronic patient care record (“ePCR”) in connection with the provision of emergency services;

C.Emergency Services Provider agrees to disclose certain non-identifying data from its ePCR (“Limited Data Set”) to EMSCC to populate the National EMS Database; and

D.EMSCC agrees to safeguard theinformation contained within the National EMS Database and to provide only access to such information in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the foregoing and other good and valuableconsideration, the parties agree as follows:

PERMITTED PURPOSE
The Parties acknowledge that the National EMS Database is being created with the intention of sharing non-identifying EMS data with EMSCC, emergency services providers throughout Canada who contribute data to the National EMS Database and third party organizations for the Permitted Purposes or for such other purposes as may be agreed to in writing from time to time.
The Parties acknowledge that the creation of the infrastructure for the National EMS Database by EMSCC is part of a pilot project that is being funded through a federal grant which is of limited scope and duration (“Pilot Project”). The Parties acknowledge that the obligations under this Agreement may continue in another manner or form, as agreed by the Parties.

statutory compliance
It is acknowledged by the Parties that the National EMS Database consists solely of non-identifying information and does not contain personal information or personal health information as those terms are defined under applicable Canadian and provincial privacy laws.
Notwithstanding section 2.1 above, in operating and using the National EMS Database, the Parties agree to comply with any applicable laws, this Agreement and industry standards related to the architecture, technology, privacy and security of the National EMS Database and any data derived therefrom.
DISCLOSURE OF LIMITED DATA SET TO EMSCC
Emergency Services Provider agrees to disclose the Limited Data Set to EMSCC for the purpose of creating a National EMS database and for the Permitted Purposes. For purposes of this Agreement, the Limited Data Set shall consist of the non-identifying health information set out in Appendix A, as may be amended from time to time.
Transfer of the Limited Data Set shall take place in a secure manner in accordance with one of the approved methodologies set out in Schedule B [NTD – this will allow you to identify the option to “push” or “pull” the necessary data and the parameters of each].
The Parties shall, from time to time, determine in writing, the frequency and timetable to be used respecting the transfer of the Limited Data Set under this Agreement.
OBLIGATIONS OF EMSCC
EMSCC (including without limitation itsagents, employees, officers, directors, and volunteers) shall not use or disclose the Limited Data Set except as permitted under the terms of this Agreement or as required by law.
EMSCC shall use appropriate safeguards to prevent use or disclosure of the Limited Data Set other than as permitted under this Agreement.
EMSCC shall notify Emergency Services Provider of any use or disclosure of the Limited Data Set in violation of this Agreement by EMSCC, its officers, directors, employees, contractors or agents, or by any third party promptly upon EMSCC having knowledge of any such violation. Such notice shall be made by telephone, followed by written particulars of the incident. The Parties shall work cooperatively to try to mitigate the impact of any privacy or security breach.
EMSCC shall ensure that its agents, contractors and subcontractors (collectively “Contractors”) to whom it provides any portion of the Limited Data Set shall comply with all restrictions and conditions that apply to EMSCC with respect to the use of the Limited Data Set and that no Contractor shall use or disclose such information except as permitted under the terms of this Agreement or as required by law. EMSCC further agrees that it shall obtain and maintain, throughout the term of this Agreement, an agreement with each Contractor that has or will have access to the Limited Data Set by or through EMSCC, under which such Contractor agrees to be bound by the same restrictions, terms and conditions that apply to EMSCC pursuant to this Agreement.
EMSCC agrees not to use the Limited Data Set in such a way as to identify any individual and further agrees not to contact any individual who may be a subject within the Limited Data Set.
ACcess and use of national ems database
Access and use of the National EMS Database shall be managed by a committee or board [NTD identify name], with representation from various EMS providers which will oversee the access and use of the data.
Access to the National EMS Database shall be determined by the [COMMITTEE] in accordance with established need and predetermined criteria. In providing access, each user shall be required to agree to such terms and conditions as determined from time to time.
TERM AND TERMINATION
The term of this Agreement shall commence as of the effective date set forth above and shall terminate upon the completion of the Pilot Project [Alternatively, could set a specific date].
The Parties may terminate this Agreement at any time by mutual agreement in writing.
Upon Emergency Services Provider’s knowledge of a material breach by EMSCC, Emergency Services Provider shall provide EMSCC with written notice of the breach and an opportunity to cure the breach within 30 calendar days of receipt of such notice. EMSCC shall immediately take steps to mitigate the breach and shall cure the breach within the 30 day notice period. If EMSCC fails to mitigate and cure the breach within the notice period Emergency Services Provider may immediately terminate this Agreement.
EMSCC may terminate this Agreement at any time, without fault or liability if funding is no longer provided to support the Pilot Project.
INDEMNIFICATION

Emergency Services Provider and EMSCC shall each defend, indemnify and hold harmless theother from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney’s fees, to the extent caused by or arising out of any breach of this Agreement or failure to perform the obligations hereunder, by the indemnifying party, its employees, officers, volunteers or Contractors. The indemnity obligations set forth in this Section 7 shall survive termination of this Agreement.

MISCELLANEOUS
Severability - Should any provision of this Agreement be found to be invalid by a court of competent jurisdiction, that provision shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect.
Governing Laws – This Agreement shall be governed by the laws of Ontario and the federal laws applicable therein. The Parties consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under this Agreement.
Entire Agreement - This Agreement contains all of the agreements, representations and understanding of the Parties and supersedes and replaces any and all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. Any amendment to this Agreement must be in writing and signed by duly authorized officers of each party.
Amending Procedure and Schedule Amendments. This Agreement and any Schedules may be amended by the written agreement of the Parties.
Changes that Affect the Agreement - The Parties undertake to give one another written notice of any changes in legislation, regulations or policies respecting those Parties that are likely to affect this Agreement.
Independent Contractors - This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between the Parties. Except as expressly set out herein, no Party shall have any right to obligate or bind any other Party in any manner whatsoever. Each Party shall ensure that neither it nor any of its agents represents to any third party that it or they have authority to bind any other Party.
Assignment - This Agreement shall not be assigned without the written consent of Parties.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed bytheir duly authorized representatives effective as of the day and year set forth above.

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Appendix A: ePCR Data elements to be collected / shared

Phase 1

Response Information

Service / Station
Geographic location (Lat/Long or UTM to 1 KM)
Municipality
Vehicle Information
Dispatch Details / Times
Crew Level
Call Type

Clinical Information

Chief Complaint
Incident History
Relevant Past History
Medications
Allergies
Treatment prior to Arrival
Cardiac Arrest Information

Physical Exam

Vital Signs
Age/Gender/Weight
General Appearance
Head/Neck
Chest
Abdomen
Back/Pelvis
Extremities

Treatment

Procedures
Results
Time

Destination / Facility

Appendix B: Data transfer process

Option 1

_____ Direct upload from Interdev hosted iMEDIC client servers to Interdev hosted EMSCC National Database Server.

Option 2

Other Data transfer process (describe)

______