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21 <br />Section 2.1 is hereby further amended in part with new language and inserted as a fourth and fifth <br />paragraph as follows: <br />It is understood the professional provider may be filled by a Physician, or Mid -Level Practitioner. <br />Either will be duly licensed to practice medicine in the State of North Carolina, and will be available to our <br />nursing staff for resource, consultation and direction twenty -four (24) hours per day, seven (7) days per <br />week. <br />The scheduling of staff shifts may be flexible and adjusted by SHP in order to maintain stability of <br />the program and consistency with staff. Any adjustments or changes to fixed schedules would be made <br />after discussions with the Jail Administrator and other involved County officials. Professional Provider visit <br />times and dates will be coordinated with Jail Management, and may include the use of telehealth services. <br />Some of the Professional Provider time may be used for phone consults with medical staff and for other <br />administrative duties. <br />Section 3.1 is hereby replaced in its entirety by the following: <br />3.1 Medical Records. County acknowledges that SHP's responsibility for all inmate medical <br />records shall commence on the effective date of this Agreement, and that the responsibility for all inmate <br />medical records prior to the effective date of this Agreement shall rest solely with the County. Nothing in <br />this Agreement shall be interpreted to impose responsibility on SHP for inmate medical records prior to <br />the effective date of this Agreement. County does further acknowledge, however, that SHP will assist <br />County with the fulfillment of requests for production of medical records for those medical services <br />provided prior to the effective date of this Agreement, and by doing so does not assume any responsibility <br />for such records. It is mutually understood by both parties that, during the term of this Agreement, SHP <br />shall serve as the Records Custodian in all medical record matters, in accordance with all applicable laws. <br />Commencing on the effective date of this Agreement, SHP shall cause and require to be <br />maintained a complete and accurate medical record for each inmate who has received health care <br />services. Each medical record will be maintained in accordance with applicable laws and County's policies <br />and procedures. The medical records shall be kept separate from the inmate's confinement record. A <br />complete legible copy of the applicable medical record shall be available, at all times, to County as <br />custodian of the person of the patient. Medical records shall be kept confidential. Subject to applicable <br />law regarding confidentiality of such records, SHP shall comply with North Carolina law and County's <br />policy with regard to access by inmates and Jail staff to medical records. No information contained in the <br />medical records shall be released by SHP except as provided by County's policy, by a court order, or <br />otherwise in accordance with the applicable law. SHP shall, at its own cost, provide all medical records, <br />forms, jackets, and other materials necessary to maintain the medical records. At the termination of this <br />Agreement, all medical records shall be delivered to and remain with County. However, County shall <br />provide SHP with reasonable ongoing access to all medical records even after the termination of this <br />Agreement for the purposes of defending litigation. <br />Section 4.1 is hereby replaced in its entirety by the following: <br />4.1 General. SHP and County understand that adequate security services are essential and <br />necessary for the safety of the agents, employees and subcontractors of SHP as well as for the security of <br />inmates and County's staff, consistent with the correctional setting. County will take all reasonable steps <br />to provide sufficient security to enable SHP to safely and adequately provide the health care services <br />described in this Agreement. It is expressly understood by County and SHP that the provision of security <br />and safety for the SHP personnel is a continuing precondition of SHP's obligation to provide its services in <br />a routine, timely, and proper fashion, to the extent that if, in SHP's sole discretion, the safety and security <br />of SHP personnel are compromised, SHP may exercise its right to immediately terminate services, in <br />0� <br />