SCHOOL PHYSICIAN AGREEMENT This agreement for services is made as of July 1, 2025, between the Webster Central School District, with offices located at 119 South Avenue, Webster, NY 14580 (hereinafter the “School District”) and Dr. Margaret Callahan, with an office located at 220 Linden Oaks #200, Rochester, NY 14625 (hereinafter the “Consultant”). 1. Services. The Consultant shall provide the services to the District as described in Appendix A attached as part of this Agreement (the “Services”). 2. School District. The School District will: a. Provide all nursing services; b. Provide reasonable work space, desks and chairs; c. Maintain for each student cumulative records covering the essential features of the health services program; and d. Make such reports to the department as may be required on forms prescribed by the commissioner. 3. Term. This Agreement shall cover the period from the date of the execution of this Agreement through June 30, 2026 (the “Term”). 4. Payment. The Consultant shall be paid in monthly installment payments of $2,750.00 upon execution of this Agreement in consideration for services to be performed by Consultant during the Term. The District shall issue the Consultant a 1099 Federal form for Services as an independent contractor. 5. Independent Contractor. Consultant shall perform the duties contemplated by this Agreement as an independent contractor, to whom no benefits shall accrue except for those benefits expressly set forth in this Agreement. The Consultant shall pay all contributions, taxes, and other payments or charges required to be paid by an independent contractor in accordance with the provisions of all New York State unemployment insurance, disability benefits, and withholding tax laws, the Federal Insurance Contributions Act, and Federal Unemployment Tax Act and Federal Internal Revenue Code, and does and will comply with all other local, state, and federal laws, regulations, and requirements applicable to Consultant or the performance of his Services hereunder. 6. Termination. The School District may terminate this Agreement by the provision of thirty (30) days written notice to the Contractor, and retains the right to do so at its sole and unfettered discretion. 7. Insurance. Consultant shall maintain professional liability insurance covering the services provided hereunder in amounts not less than $1,000,000 for each occurrence and $2,000,000 in the aggregate, with coverage for sexual misconduct. Consultant shall maintain general and commercial liability insurance for professional errors and omissions in the amounts not less than $2,000,000 for each occurrence and $2,000,000 aggregate
limit for the professional acts of the consultant performed under the contract for the District. Failure to obtain such insurance on behalf of the District constitutes a material breach of contract. The consultant is to provide the District with a certificate of insurance with above listed requirements prior to the commencement of work or use of facilities. 8. Confidential Information. All records relating to the services contemplated by this Agreement are and shall remain the property of the District. Consultant shall not during or after the term of this Agreement, use or disclose any confidential information to any person, firm, corporation or other entity for any reason or purpose whatsoever. 9. Compliance. Each party hereby represents and warrants to the other party that: (a) it has the power and authority to enter into this Agreement and is permitted by applicable law and regulations to enter into this Agreement; and (b) it will comply with all applicable laws in the performance of its obligations under this Agreement, and in particular, applicable federal and state regulations regarding student records, student privacy, and the commercial use of student information, including the Family Educational Rights and Privacy Act and New York State Education Law Section 2-d as specified in Appendix B. 10.Indemnification. Consultant shall indemnify, defend and hold harmless the District from and against any and all liability arising out of the Consultant’s failure to comply with the terms of this Agreement, and any injury, loss, claims or damages arising from the negligent operations, acts or omissions of the Consultant relating to or arising out of such party’s performance of its obligations under this Agreement, and any and all costs and expenses, including reasonable legal expenses, incurred by or on behalf of the District in connection with the defense of such claims. 11.Miscellaneous. (a) Consultant shall not make any representations or commitments on behalf of the District. (b)Consultant represents that it possesses all of the licenses, certifications and permits necessary to perform the Services. Consultant also represents that it is fully qualified by training and experience to perform the Services. (c) This Agreement shall be binding upon and inure to benefit the executors, administrators, heirs, successors and assigns of the respective parties. 10.Modification.This Agreement represents the full agreement between the parties and may not be modified except by written agreement between the parties. 11.Assignment. The Consultant shall not assign, transfer or subcontract any of the rights and obligations under this Agreement without prior written consent by the District. Any unauthorized assignment or subcontract shall be null and void.
12.Venue and Governing Law.This Agreement shall be governed by the Laws of the State of New York, and disputes shall be venued in a court of competent jurisdiction in Monroe County, New York, and the parties hereby consent to personal jurisdiction in any such court. IN WITNESS WHEREOF, the parties have signed this Agreement intending to be legally bound. Consultant
Webster Central School District
___________________________
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Dr. Margaret Callahan, Pediatrician
Brian Freeman, Assistant Superintendent for Business
APPENDIX A District Physician and Director of School Health Services Responsibility of District Physician and Director of School Health Services: The Physician will discharge in a competent and professional manner the duties of a school physician and director of school health services for the District, as such duties are described below, or as may be required of a school physician and director of school health services under federal, state or local law or regulation. All such duties shall be discharged in a timely, competent and complete fashion and, to the extent necessary and when appropriate, after appropriate consultation with the district, and subject to the standards and policies of the District and applicable law. The Physician shall comply with all requirements in the New York State Education Law for fingerprinting and criminal background checks. Proof of such compliance shall be provided to the District before performing services under this Agreement. The School Physician’s duties and services shall include but are not limited to: 1. Medical Services: The Physician is licensed to practice medicine in the State of New York. Physician, as an independent contractor, will provide the District, during the term of this Agreement, with the services necessary to act as Director of School Health Services (School Physician) and School Medical Inspector, as defined in the Education Law. The Director of School Health Service will perform such duties as prescribed by the NYS Education Law and the rules and Regulations of the State of New York Education Department for a director of school health service, school physician, and/or school medical inspector, and such other duties as customarily performed by one holding such position in other similar school districts in the State of New York. Services provided by the Director of School Health Services to students of the Webster Central School District will be conducted at the District’s schools unless otherwise agreed upon, and will include, but not be limited to, the following: a. Students i. Ensure that all physical examinations as mandated by statute, regulation or as requested by the district are performed to determine the health status of each student. ii. Consult and advise with appropriate school personnel in the maintenance of student health records. iii. Consult and advise with appropriate school personnel on individual student health needs. iv. Demonstrate experienced, current knowledge of FERPA and HIPAA Regulations. v. Act as a liaison as requested between the District and students’ physicians.
vi. vii.
Review requests for medical exemptions from immunizations. Provide other services as requested.
b. Pupil Personnel Services i. ii. iii. iv.
Serve as a member of the Committee on Special Education and attend meetings as requested. Consult and advise the District on the needs of special education students. Provide referrals as requested to other medical or clinical specialists. Provide other services as requested.
c. Athletics i. ii. iii. iv. v. vi. vii.
Ensure that all sports physicals are performed as necessary to meet district requirements. Ensure medical coverage at all athletic events as required by Section V. Consult and advise the District on health and safety practices of the athletic program. Determine students’ medical eligibility to participate in particular sports activity. Current knowledge of Head Injury, Concussion Management and Return To Play protocols. Participate in two (2) full days in August annually to conduct Sports Physicals on site. Provide other services as requested.
d. Regulations and Procedures i.
Remain up-to-date and be prepared to put into practice the following regulations and procedures: 1. Special Education Regulations and Requirements/ Part 200 of the Commissioner’s Regulations 2. Home Instruction and required medical documentation 3. Individual Health Care Plan (IHCP) Development and Review 4. School District Policy and Procedures 5. Nurse Practitioner Practice Agreements 6. Legislation and Legal issues related to providing medical/student health services in a school district environment 7. New York State Center for School Health 8. Technology use for record keeping and electronic communications
e. General (as requested by the District) i.
Consult and advise on interpreting Public Health Laws governing control
ii. iii.
iv. v. vi. vii.
viii. ix.
of communicable diseases and immunization, and establishing policies and procedures governing the exclusion or readmission of pupils in connection with infectious or contagious disease. Consult and advise as a member of the district’s and/or community health and safety committees. Consult and advise on establishing policies governing procedures to be followed in the event of injury or emergency illness of a child or employee. These instructions governing first aid should be reviewed annually, signed by the school physician and adequately distributed throughout each building. Consult and advise on reviewing all reports of accidents, excuses from any of the physical activities connected with the school program; and interpret medical certificates of various types presented to the school administrator. Consult and advise on providing health information individually and in groups to pupils, teachers, nurses, and school administrators. Consult and advise on providing in-service training to school personnel on matters such as: first aid, personal hygiene, food handling, critical health issues, and new developments in health care. Consult and advise the Superintendent of Schools, school administrators and school health personnel on medical problems and public health procedures, ensuring that no school policies or practices are in conflict with the health and safety needs of the total population. Consult and advise the Superintendent of Schools on a public information program on school health. Consult and advise, with other school health workers, on sharing responsibility for informing the public of the school health program through parent-teacher associations, civic clubs and related community agencies.
APPENDIX B New York State Education Law Section 2-d 1. District is an “Educational Agency,” as that term is defined in Section 1.C of Section 2-d of the New York State Education Law (“Section 2-d”). Consultant is a “Third Party Contractor,” as that term is defined in Section 1.K of Section 2-d. District and Consultant are parties to this Agreement, pursuant to which Consultant may receive access to Student Data (defined below) regulated by Section 2-d. To the extent that any term of this Agreement conflicts with the terms set forth in this Appendix B, the terms of this Appendix B shall apply and be given effect. 2.
As used in this Appendix B, the following terms will have the following meanings:
a.
“Student” shall have the meaning defined in Section 1.F of Section 2-d.
b.
“Eligible Student” shall have the meaning defined in Section 1.G of Section 2-d.
c.
“Personally Identifiable Information” as applied to Student Data shall have the meaning defined in Section 1.D of Section 2-d.
d.
“Student Data” means Personally Identifiable Information from student records that Consultant receives from District.
Other capitalized terms used in this Appendix B will have the applicable meaning set forth elsewhere in this Agreement or in Section 2-d. 3. Consultant agrees that the confidentiality of Student Data shall be maintained in accordance with state and federal laws that protect the confidentiality of Student Data. 4. Consultant agrees that any of its officers or employees, and any officers or employees of any assignee of Consultant, who have access to Student Data will be provided training on the federal and state law governing confidentiality of such Student Data prior to receiving access to that data. 5. The exclusive purpose for which Consultant is being provided access to Student Data is to permit Consultant to provide services as set forth in the Agreement to the District. Student Data received by Consultant, or by any assignee of Consultant or third party contracting with Consultant, shall not be sold or used for marketing purposes. 6. If Consultant comes into possession of Student Data, Consultant will only share such Student Data with additional third parties if those third parties are contractually bound to adhere to data protection and security requirements at least equal to those in use by Consultant, including those identified in Sections 7 and 10 below.
7. Upon expiration or termination of this Agreement, Consultant shall return any Student Data in their possession to the District, subject to the other terms of this Appendix B, and shall thereafter use commercially reasonable efforts to securely destroy any copy of the Student Data remaining in Consultant’s possession. 8. If a parent, Student, or Eligible Student wishes to challenge the accuracy of Student Data concerning that Student or Eligible Student, that challenge shall be processed through the procedures provided by the Student's school district of enrollment for amendment of education records under the Family Educational Rights and Privacy Act (FERPA). 9. Student Data transferred to Consultant by District, District to Other Districts, or District Users will be stored in electronic memory (on servers or other computers) operated and maintained by or on behalf of Consultant in the United States. The measures that Consultant will take to protect the privacy and security of Student Data while it is stored in that manner include, but are not necessarily limited to: encryption to the extent required by Section 2-d; restricted physical access to the servers/computers; software-based solutions intended to prohibit unauthorized entry such as regularly updated virus scans, firewalls, and use of passwords; and administrative controls such as selective user access rights. 10. Consultant acknowledges that under Section 2-d Consultant has the following obligations with respect to any Student Data received from District, District Districts, or District Users: a. Consultant shall limit internal access to Student Data education records (as that term is used in Section 2-d) to those individuals who have a legitimate educational interest in such data; b. Consultant shall not use Student Data education records for any purpose other than those explicitly authorized in this Agreement; c. Consultant shall not disclose any Personally Identifiable Information to a third party who is not an authorized representative of Consultant using the information to carry out Consultant’s obligations under this Agreement (1) without the prior written consent of the parent or Eligible Student, or (2) unless the disclosure is required by statute or court order, and notice of the disclosure is provided to the New York Department of Education, district board of education or institution that provided the information no later than the time of disclosure, unless providing such notice is expressly prohibited by the statute or court order; d. Consultant and its assignees shall maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of Personally Identifiable Information in its custody; e. Consultant and its assignees shall use encryption technology to protect Student Data while in motion or in its custody from unauthorized disclosure using a technology or
methodology specified by the secretary of the U.S. Department of Health and Human Services in guidance issued under P.L. 111-5, Section 13402(H)(2); and f. Consultant shall notify the Educational Agency from which Student Data is received of any breach of security resulting in an unauthorized release of Student Data by Consultant or its assignees in violation of applicable state or federal law, in the most expedient way possible and without unreasonable delay. Pursuant to Section 2-d, in the event of any required notification to a parent, eligible student, teacher or principal due to the unauthorized release of student data by Consultant or its assignee, Consultant shall promptly reimburse the District, as the circumstances may warrant, for the full cost of such notification. 11. It is understood that the parties may need to enter into a written amendment to this Agreement to address (a) other compliance with Section 2-d not addressed in this Appendix B, after certain regulations have been promulgated by the New York State Education Department, and/or (b) subsequent amendments to Section 2-d that reduce, modify or supplement the requirements reflected in this Appendix B, and the parties agree to take such additional steps as may be necessary at that time. 12. This Agreement is deemed to incorporate by reference the District’s parents’ bill of rights for data privacy and security which can be viewed on the District’s website. Consultant agrees to comply with all applicable provisions of Section 2-d of the Education Law, any rules and regulations of the New York State Education Department issued thereunder, and the District’s parents’ bill of rights for data privacy and security, including any amendments to any of these.