Agreement between User and AmeriClerkships Medical Society, Inc., acmedical.org and myclinicals.acmedical.org
Welcome to AmeriClerkships Medical Society, Inc. (“AMS”) and its websites, acmedical.org and myclinicals.acmedical.org (the “Site” or “Website” or “Websites”). This Website is comprised of various web pages operated by AMS. acmedical.org and myclinicals.acmedical.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). These Terms describe the terms and conditions under which you, the user, are granted the right to use the websites operated by AmeriClerkships Medical Society, Inc. (“AMS”) and certain of AmeriClerkships’ subsidiaries, including this website . Your use of acmedical.org and myclinicals.acmedical.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
WEBSITE AND CONTENT
acmedical.org and myclinicals.acmedical.org is a place where U.S. and international medical graduates, students and pre-meds come for services and products centered around U.S. medical residency-prep, entry and completion. Getting into U.S. medical residency takes more than a few weeks of U.S. clinical experience, letters of recommendation on hospital letterheads or courtesy interviews; it requires the evidence-based support and mentorship of properly trained and full-time on-site personnel, supervised by dedicated former resident selection committee members. A simple oversight, or bias in advice-giving can set you back for years, especially if you are an at-risk U.S. or International Medical Graduate (USMG or IMG). At AmeriClerkships, our U.S. licensed physicians & former resident selection committee members are in-house. We offer pre-meds, medical students & medical graduates from all across the globe 6 affordable U.S. medical residency entry [and reentry] solutions: 1) Personalized memberships & mentorship with in-house former U.S. medical resident selection committee members, 2) Immediate U.S. clinical rotations & subinternships in teaching hospitals, 3) Complete evidence-based review, analysis & revision of residency application package & supporting documents, 4) No-memorizing interview preparation, 5) Comprehensive U.S. resident-in-trouble & residency reentry, and 6) Private Consultations. Our work is completed 100% in-house and never outsourced, so your satisfaction is guaranteed.
When a visitor accesses this website, AMS receives information that is automatically sent to AMS via the visitor’s web browser. The amount of information sent varies according to the visitor’s browser settings. AMS does not seek to identify any individual visitor to this website unless the identifying information is provided directly or indirectly by the visitor, absent a security breach or suspected legal violation. Visitors communicating with AMS are voluntarily releasing information to us. AMS reserves the rights to forward individual identifying information received at this website to any of its affiliates for direct marketing purpose. AMS can use an e-mail address or other communication options to respond to a visitor and for the other purposes described in this section. AMS cannot make any representations about data collection at hyperlinked sites not governed by AMS.
If you reside in the EU or Japan, you may request in writing copies of your personal information held by us. We will provide you with a copy of the personal information held by us as soon as practicable, and in any event not more than 40 days after receiving a valid request in writing. There may be a charge to access your personal data (which will not exceed €6.35 in Ireland and £10 in the United Kingdom, and will not be applicable in Japan). We may request proof of identification to verify your access request. If your personal information that we hold is inaccurate, let us know and we will update the relevant information. You may also request the erasure of your personal information in accordance with the relevant data protection legislation. We will notify you within 40 days of your valid request about the relevant action taken. You are also entitled to see and challenge information third parties provide to us as part of our fraud detection, prevention and risk assessment efforts if all of the following factors apply: (i) we use third parties to carry out automated checks or risk assessments, (ii) we make a decision which has legal consequences for you or which significantly affects you, and (iii) such decision is based solely on such automated checks or risk assessments.
Visiting acmedical.org and myclinicals.acmedical.org or sending emails to AMS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Consent to Be Contacted
By contacting AmeriClerkships through any channel (such as, but not limited to calling, texting, messaging, mailing, emailing, filling out a form or chatting in person or online), you give AMS permission to contact you via mail, email, phone, social media, text messages or any other communication channel available to AMS. Please note that your information is saved on our server as you enter it. We value your privacy so if you prefer, you can contact us directly by calling +1(949) 417-8980.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AMS is not responsible for third party access to your account that results from theft or misappropriation of your account. AMS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
AMS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use acmedical.org and myclinicals.acmedical.org only with permission of a parent or guardian.
We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability. In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.
All content on the Website is protected by copyright, and owned or controlled by AMS, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.
Personal Non-Commercial Use
acmedical.org and myclinicals.acmedical.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AMS and AMS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AMS of the site or any association with its operators. Certain services made available via acmedical.org and myclinicals.acmedical.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the acmedical.org and myclinicals.acmedical.org domain, you hereby acknowledge and consent that AMS may share such information and data with any third party with whom AMS has a contractual relationship to provide the requested product, service or functionality on behalf of acmedical.org and myclinicals.acmedical.org users and customers.
Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.
Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AMS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AMS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AMS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AMS or our licensors except as expressly authorized by these Terms.
No Representations or Warranties
AMS and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).
No Attorney-Client Relationship
Information posted or made available on or through AMS Sites, including without limitation any responses to legal questions posted, information provided by AmeriClerkships, and any other comments, opinions, recommendations, answers, analysis, references, referrals, FAQ, advice or legally related content or information (collectively “Legal Information”) is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal or other issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to AMS and its Sites are not confidential and are not subject to attorney-client privilege. If you need legal advice, please contact an attorney directly.
Permission to Use
acmedical.org and americlerkships.org are the official website of AmeriClerkships Medical Society’s (AMS, or AmeriClerkships), and contains material protected by international copyright and trademark laws. Permission to use, copy and distribute material available at website is granted, provided (1) the copyright and permission notices contained herein appear in all reproductions, (2) the use of information from this site is for noncommercial, educational, and scientific purposes only, (3) no documents or images from this site are modified in any way, (4) no copyright, trademark or other proprietary notices are removed or modified, and (5) no documents or images from this site are used on any other website or downloaded to any other networked computer environment without the express written consent of AMS. All parties downloading, printing or using documents or images contained in this website represent and warrant their use will be consistent with these permissions. Any rights not expressly granted herein are reserved by the AMS.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. AMS has no obligation to monitor the Communication Services. However, AMS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AMS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. AMS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AMS’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AMS does not control or endorse the content, messages or information found in any Communication Service and, therefore, AMS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AMS spokespersons, and their views do not necessarily reflect those of AMS. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to acmedical.org and myclinicals.acmedical.org or Posted on Any AMS Web Page
AMS does not claim ownership of the materials you provide to acmedical.org and myclinicals.acmedical.org (including feedback and suggestions) or post, upload, input or submit to any AMS Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AMS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. AMS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AMS’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your AMS account to third party accounts. By connecting your AMS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by AMS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AMS Content accessed through acmedical.org and myclinicals.acmedical.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless AMS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AMS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AMS in asserting any available defenses.
Jury Trial Waiver & Agreement to Mediate
Each of the parties to this Agreement hereby irrevocably and unconditionally waives, to the extent permitted by applicable law, any right it may have to trial by jury in any legal action or proceeding relating directly or indirectly to this Agreement or any other document or instrument related hereto and for any counterclaim therein. In the event a dispute arising out of or relating to this Agreement shall arise between the parties hereto, and the parties are unable to resolve the matter amongst themselves, the parties hereto agree to participate in at least (4) hours of private mediation. Mediation shall be administered in the County of Orange, State of California, by a sole mediator. If the parties are unable to mutually select a mediator, AMS shall nominate three potential mediators, and Member shall select one mediator from such group. All decisions made by a mediator are final and enforceable. Each party agrees to share equally in mediation costs. The failure of either party to comply with this mediation provision shall bar the noncompliant party from recovery of attorneys’ fees and costs as otherwise provided for in this contract. This mediation provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AMS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
AMS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in County of Orange within the State of California for all disputes arising out of or relating to the use of the Site, or enrollment with AMS, or utilization of any of our products or services. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMS as a result of this agreement or use of the Site. AMS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AMS with respect to the usage of this Site, or for AMS products or services which were purchased or enrolled online, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AMS accordingly. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Clinical Site Search & Clinical Site Options Disclaimer
The location of the pins on the map are based on zip codes, and may not correspond to the physical address of your final clinical site. The distance calculated is approximate, using the quickest route to destination with a private vehicle. Your final distance may differ significantly depending on your route, mode of transportation and location of your final approved clinical site. Please keep in mind that by enrolling with AmeriClerkships, you realize the start dates & locations may change due to unforeseen circumstances, therefore you give AMS consent to reschedule you into another clinical site with similar Feature within 50 miles of your original clinical site, in case your original site becomes unavailable. Hospital names and Attending Physician Status may change without notice.
- Experience: Refers to in person patient-oriented clinical exposure. The term “experience” does not, and should not imply to one that he or she is engaged in the practice of medicine or surgery, or that he or she is free to function as would a licensed physician in any capacity. It is the sole responsibility of each medical student and graduate at all times to not engage themselves in the practice of medicine without a license, which is considered a felony offense in most-all of United States.
- Practice of Medicine: Although the definition may vary slightly from one jurisdiction to the next, the “Practice of Medicine” is generally defined as a regulatory body’s allowance of practitioners to make decisions to best serve their patients. Other definitions include: A) Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine and surgery; B) Any offer or attempt to prescribe, order, give, or administer any drug or medicine and surgery for the use of any other person, except as otherwise authorized by law; C) Any offer or attempt, except as otherwise authorized by law, to prevent, diagnose, correct, or treat in any manner or by any means, methods, devises, or instruments except for manual manipulation any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of any person, including the management of pregnancy and parturition, except as otherwise authorized by law.
- Unlicensed Practice of Medicine: Engaging in practicing medicine without appropriate licensure to do so. Such rules and regulations vary from state to state and it is the sole responsibility of each medical student, medical graduate, attending physician and or any other individual or entity to become familiar with such activity, to not engage in them or to assist in any such engagement.
- Clinical Experiences: volunteer level experiences that are simply designed to help a future healthcare professional build their resume, without having any responsibilities at any clinical site. These posts are not employment, not for pay, nor may they be extended past their designated
- Clinical Clerkships or Externships or Rotations: Structured clinical experience supervised by U.S. licensed physicians. From time to time, physicians may employ licensed Nurse Practitioners, Physician Assistants or other professionals designations who partially cares for their patients. From time to time, students may be assigned to follow these non-M.D. professionals for a partial duration of their clerkships, while still remaining under the direct supervision of a U.S. licensed physician.
United States medical schools that are accredited by the LCME, or residency programs accredited by the ACGME receive many more qualified applicants than they can accommodate. Many students emerge from their “off-shore” medical school experience in good enough shape to obtain ECFMG (Educational Commission for Foreign Medical Graduates) certification and to compete successfully for a place in an accredited residency, with contributions that cannot be overestimated. In addition to shoring up the U.S. physician supply generally, International Medical Graduates (IMG’s) have contributed disproportionately to the ranks of primary care physicians and to those practicing in underserved areas, to say nothing of their contributions to medical school faculties and to medical science. Currently, 25% of the U.S. physician force is comprised of IMG’s and approximately 6,000 of the nearly 30,000 annual residency positions are filled by IMG’s, the majority of whom remain permanently in this country to practice in primary care fields. However, there are far more IMG’s than clinical clerkships or medical residencies can accommodate. As a result, several United States agencies regulate the entry and practice of IMG’s in the United States , which are quite different than individualized policies determined by U.S. residencies. We suggest that each AMS client first concern themselves with residency program requirements, then synchronize them with state licensure policies. For admission, residency directors look at (1) USMLE board scores (Step 2 > Step 1) and number of attempts, (2) up to one academic year of pre-residency insured U.S. clinical experience, (3) gaps in medical education, (4) commitment to specialty, (5) 4 to 5 recent U.S. letters of recommendation from licensed U.S. physicians typically dated 12 month or less, (6) ECFMG Certification, and (7) clinical evaluation grades on U.S. clinicals, (8) Dean’s Letter (MSPE), (9) Personal Statement, and (10) a consistent residency application that is easy to read. We at AMS focus on improving your chances at securing a residency interview and eventual medical licensure in the U.S. by addressing three major areas: (1) pre-residency insured U.S. clinical experience, (2) helping you secure U.S. letters of recommendation directly from Attending Physicians who supervised your clinical blocks, (3) making you a more competitive residency applicant by acculturating your ERAS application, (4) providing U.S. medical licensure consultation to medical graduates and medical schools, globally, and (5) creating both national and international healthcare alliances to better represent our successful clients. However we are mindful of certain state and regulatory policies that may prohibit us from offering you our services in certain geographical regions, over which AMS, its companies and affiliates may have no influence or control. It is your responsibility to identify the state(s) that you would like to do residency and ultimately practice medicine in, and enroll in AMS services that best serve those end goals. It is also your duty to comply and stay up to date with individual state medical board laws, or residency requirements, hospital policies, HIPAA, Joint Commission regulations and policies, etc… whose policies differ and continuously change across the United States and among one another. Although we strive to keep our staff members and representatives up to date with as many policies, residency requirements and legal challenges as possible, AMS, its companies and affiliates are not liable for any problem(s) that may arise when applying for licensure to practice medicine, U.S. medical residency entry, placement in clinical blocks, or any damage(s) or loss caused by, allegedly caused by or connected with the purchase or use of any goods, services, consultations and or clinical blocks offered and or sold through any of our companies or representatives.
Member Guideline, Notice and Disclaimers
Healthcare students and graduates (hereafter collectively called “Members”) are often enthusiastic about new clinical opportunities, particularly if the problem seems simple. This situation can jeopardize your future. Anyone who is accused of practicing medicine without a license, even if it is at the instigation of a supervising physician, may not be allowed to complete his or her career in medicine, and it may be difficult or impossible to get a license, residency training or malpractice insurance. As a Member, you are subject to federal, state and local rules, laws and regulations that you may not know about. As such, please note the following:
- AMS is a placement agency; you have contracted with AMS to be place with licensed physicians who may accept and provide you with clinical experience in the United States;
- You must not engage in the “Practice of Medicine” as you are not licensed to do so. Anyone who appends to his or her name the letters “M.D.”, “Doctor”, “Professor”, “Specialist”, “Physician ” or any other title, letters or designation is representing that he or she is a physician, or one who for a fee or any form of compensation can diagnose and or treat disease, injury or deformity. Therefore refrain from calling yourself an ” M.D.”, “Doctor”, “Professor”, “Specialist” or a “Physician”, as this can endanger you of engaging in the very serious crime of “Practicing Medicine Without a License”, which is prosecutable by law as a “Felony”;
- Patient confidentiality is the law. You must not discuss any patient information with anyone who is not authorized to be involved in that patient’s care. You agree that you have been familiarized with HIPAA rules and regulations, and that you have entered into a HIPAA Business Associates Agreement with AMS.
Our Commitment to Clarity
It is our intent to provide our Members with a level of service and experience that is unparalleled, starting with this document. Please read Our Commitment to Clarity carefully, and let us know how we may make your membership experience a more pleasant one. This statement of clarity is not meant to explain all the mutual commitments made by AMS and its Members, and it does not replace or in any way alter the membership agreement signed by each Member. Enrollment in AMS directly implies that the enrolled Member agrees to Our Commitment to Clarity.
Professional Medical Liability Insurance Policy
AMS agrees to procure and maintain in full force and effect during the term of each of its Member’s membership term, professional and general liability insurances, not less than $1,000,000 per occurrence, and $3,000,000 aggregate, for injury and damage to persons or property resulting from the negligent acts or omissions, or willful misconduct of AMS or AMS Members. Said general and professional liability insurance shall insure AMS and AMS Members against claims, demands, losses, costs, expenses, and damage to persons or property arising out of or in connection with authorized Clinical Blocks at Clinical Sites. Subject to applicable state law, neither party to Agreement shall be liable for the consequences, whether bodily injury or property damage, occasioned by an act, omission, or neglect chargeable to any other party. Where Worker’s Compensation or other obligation for payment of benefits may arise, this policy shall neither enlarge nor diminish such obligation.
Health Insurance and Transportation Policy
Members shall be responsible for their own transportation to and from Clinical Site and personal health insurance during their Clinical Blocks at Clinical Site.
Blood Borne Pathogen Policy
AMS is committed to a policy of non-discrimination and protecting the legal rights and privacy of Members infected with blood-borne pathogens while also protecting the health of the public. A Member who is infected may attend the AMS clinical program; however, certain restrictions may be imposed on the scope of the infected member’s training. Actual recommendations and advice to the Member will depend on current findings and standards of practice. All matriculated AMS Members will have their Hepatitis B immunity status confirmed as part of the Society’s immunization policy. Although testing for hepatitis C and human immunodeficiency virus is not required for attendance at AMS it is the professional responsibility of any Member who has risk factors for these diseases to make arrangements for serologic testing. Members who are aware that they are infected with a blood-borne pathogen [including but not limited to Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human Immunodeficiency virus (HIV)], if not currently under the care of a personal physician, are strongly urged to contact the Member Health Service so that appropriate medical treatment may be instituted or continued. Members infected with a blood-borne pathogen must avoid circumstances in which they could potentially transmit their infection to others. They are required, therefore, to disclose their infection status at the beginning time of their enrollment, or which other time that they become aware of such infection, to AMS in order to arrange any necessary adjustments to practice. Such notification is considered a professional responsibility of the Member, and failure to disclose blood-borne pathogen infection status will be grounds for disciplinary action, up to and including dismissal from AMS. AMS clinical program reserves the right to restrict Members who may transmit blood-borne pathogens from situations that place others at risk, and will ask the Member in question to provide documentation from his/her U.S. licensed physician about any clinical limitations that his/her condition may require. Reasonable adjustments will be made for any Member who has tested positive for a blood-borne pathogen to be able to continue medical education. Restrictions and adjustments will be determined on a case by case basis by the AMS Blood-Borne Pathogen Review Panel. In addition to the recommendations provided by the infected Member’s physician, the Chief Clinical Officer will provide guidance and elective rotation oversight to all Members who have a blood-borne pathogen infection. Every reasonable effort shall be made to maintain confidentiality regarding the blood-borne pathogen status of Members. Nevertheless, before an infected Member begins a clerkship; directors and supervisors of that clerkship may be informed on a need-to-know-basis of limitations imposed on the Member’s activities. In the event that an urgent determination is required, the Chief Clinical Officer will issue temporary restrictions. AMS considers it a standard practice to ask its Members with any questionable health status to provide clearance from his/her own U.S. licensed physician with a complete list of some of the procedures which this Members may not be allowed to undertake or participate in. Members infected with blood-borne pathogens should be aware that, based on current medical knowledge and practice, they may be restricted from future residency training and specialty practices which require the performance risk-prone procedures. A Member infected with HBV, HCV, or HIV may continue in the program as long as he or she is able to carry out the physical and intellectual activities of all Members as outlined in the AMS Enrollment Agreement. Demonstrated competence on Standard Precautions is required of Members in clinical programs of the AMS clinical program. In addition to the AMS Policy, Members on clinical rotations are also subject to the blood-borne pathogen disease policies for health care workers at those individual host sites. In summary:
- First, do no harm to patients and abide by all company, local, state and federal regulations that govern your membership with AMS.
- It is not difficult for a patient to mistake you as his or her physician, therefore it is your duty and obligation to clearly communicate with each patient the following: “My name is -name-, and I am here to follow Dr. -name- in his practice. I am not a licensed physician, and I’m not involved in the care being provided to you by Dr. -name-. Would you mind if I ask a few questions, do a simple physical exam and take my own notes so that Dr. -name- can later evaluate me? ”
- You must not practice medicine without a license, with or without the use of medicine (such as the likes of behavioral therapy). You may not perform invasive physical exams (such as breast, genital or rectal exams). You may not perform any invasive procedures, defined as any procedure, test, therapy or surgery that involves going through the skin or muscle or into a vein or artery, such as starting an intravenous line, performing cardiac catheterization, injections, inserting central Lines, or any other procedure that may pose a risk to patient.
- You may follow your supervising attending physician, take histories of and perform simple physical exams of patients who agree to have you do so, and engage in other non-patient related clinical activity supervised by your attending (case presentations, being placed on call, patient rounds, attending conferences and working with other students and residents).
Family Educational Rights and Privacy Act (FERPA)
AmeriClerkships, Inc. respects the rights and educational records of each and every one of our clients, and will do all to protect it. Hence, we voluntarily abide by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), a Federal law that protects the privacy of student education records. FERPA also gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.” Click here to learn more.
Promotions may not be combined, and are valid for one time use only during the time that the promotion is active. Promotions that entitle the customer to additional or free clinicals is only applicable to clinicals of equal or lesser value, whichever is lesser. Any downgrades or cancellations of a total invoice will revoke all promotions applicable to that invoice. Please contact your AMS representative for other specific details.
General Policies for Changes & Cancellations
We will attempt to accommodate, but changes are not be guaranteed once approvals have been received for each Clinical Block from each Clinical Site. Change fees may apply. Refunds or credits or exchanges do not apply to FINAL SALE products or services, including but not limited to: Clinical Blocks which were approved to begin, memberships, private consultations, document review and revisions, retainers or finalized services. However, certain incidents such as repetitive and officially documented U.S. visa denials, may qualify for a partial refund. For clinical placement services, you should refer to our ‘Policies for Change, Cancellations & Final Sale’ when reviewing to sign our Enrollment Agreement prior to enrollment. Please contact us for details.
This site contains hyperlinks to other websites that are not under AMS control. These links are provided for convenience only. AMS makes no representation or warranty, express or implied, concerning the contents of those websites and assumes no liability for the content or any visitor’s use of those sites.
Subject to Change
Due to the nature of services and products offered by AmeriClerkships, the content of this page, which includes, but is not limited to, AMS terms and conditions, as well as legal policies pertaining to AMS products, services and its relationships with its Members are frequently updated. Therefore AMS, its affiliates and subsidiaries reserve all rights to modify the content of this or any other web page without notification. The content of this page are informational in nature; for the most up to date list of terms and conditions, as well as legal policies pertaining to AMS products, services and its relationships with its Members, Members of acmedical.org agree to abide by the terms and conditions of their AmeriClerkships Enrollment (Master Service) Agreement, which Members will be directed to agree to and sign online prior to their enrollment.
AMS welcomes your questions or comments regarding the Terms:
AmeriClerkships Medical Society, 29811 Santa Margarita Pkwy, #100, Rancho Santa Margarita, CA 92688
Email Address: firstname.lastname@example.org
Telephone number: +1(949) 417-8980
Effective as of January 01, 2018