General Terms and Conditions

1. DEFINITIONS
Healthcare Provider:
The independently operating healthcare professional, the legal entity that commercially provides Alternative Care, an organizational association of natural persons that commercially provides Alternative Care, or the natural person who commercially arranges for the provision of Alternative Care.
Client:
The natural person who requests Alternative Care or to whom Alternative Care is provided.
Care Provider:
Laura Pals (De Alchemist), a quality-registered paramedic, member of the Collective of Alternative Therapists (CAT), also holding a Dutch diploma in Orthomolecular Therapy and a diploma in Sensi Therapy, operating as a self-employed professional.
Fixed Agreements:
The fixed agreements listed in this overview between the Client and the Healthcare Provider, which govern the relationship between the Client and the Healthcare Provider and their mutual rights and obligations.
Representative:
The person or persons representing the Client, based on the law, in entering into and executing the treatment agreement.
Law:
The Dutch Civil Code, in particular the Medical Treatment Agreement Act, as set out in Articles 7:446 to 7:468 of the Dutch Civil Code (BW), the Healthcare Quality, Complaints and Disputes Act (Wkkgz), and privacy laws such as the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act (UAVG), and the Additional Provisions for Processing Personal Data in Healthcare Act (Wabvpz).
Treatment Agreement:
The agreement concerning medical treatment—hereinafter referred to as the Treatment Agreement—is the agreement whereby a natural person or legal entity, the care provider, in the exercise of a medical profession or business, undertakes to perform acts in the field of medicine directly relating to the person of the client or a specific third party. The person to whom the acts directly relate is hereinafter referred to as the Client.
Quotation:
A non-binding offer to the Client, consisting of an oral or written overview of activities to be performed as part of a treatment and the associated rates.
Incident:
An unintended or unexpected event related to the quality of care, which has led, could have led, or may lead to harm to the Client.

2. ABOUT THESE TERMS AND CONDITIONS
When do the agreements in these General Terms and Conditions apply?
These agreements apply to the Treatment Agreement between you and the Healthcare Provider. Much of what is stated in these agreements is already regulated by law. If these agreements deviate from what is regulated by law, the legal provision always takes precedence.
With whom does the Healthcare Provider make agreements if I am unable to do so myself?
The Healthcare Provider will then make agreements with your Representative. The possibilities for representation of Clients are regulated by law, specifically in Articles 7:450, 7:447, and 7:465 of the Dutch Civil Code. In short, this usually means that agreements are made with your partner or child, unless a representative has been appointed by a court.
I was not aware of these agreements. The Healthcare Provider never informed me that they applied. What now?
The Healthcare Provider must inform you in advance about the existence of these agreements and where you can review them. If they fail to do so, these agreements do not apply to the Treatment Agreement between you and the Care Provider.
Can I make different agreements with my Care Provider than those mentioned above?
Yes, you can. The Care Provider may also propose different agreements. However, these must be confirmed in writing by the Care Provider, and you must agree to them.
Amendment of Agreements:
These General Terms and Conditions, which apply between the Client and the Healthcare Provider of Alternative Care, can only be amended by the Collective of Alternative Therapists (CAT), the Dutch Consumers’ Association (Consumentenbond), and the Dutch Patients’ Federation (Patiëntenfederatie Nederland). These General Terms and Conditions will be evaluated every two years by the parties mentioned in this article and adjusted where necessary.

4. INFORMATION
What information must Healthcare Providers always provide?
Your Healthcare Provider ensures that, before you register with them, you can access information on their website or through other means to help you make an informed choice between different Healthcare Providers. This includes information about treatments, rates, quality, and experiences of other clients. Additionally, the Healthcare Provider must provide information about:
a. The name and function of the Care Providers working for the Healthcare Provider, such as the registration number with the Collective of Alternative Therapists (CAT) and the Paramedics Quality Register.
b. How and with which other Healthcare Providers agreements have been made if they need to be involved in the treatment.
c. Practical matters such as the address, opening hours, and accessibility of the practice, and the use of the Citizen Service Number (BSN) in healthcare.
d. These General Terms and Conditions and the payment terms applied by the Healthcare Provider.
e. How and where you can submit complaints.
f. Any matters indicating the quality of work, such as registration in the Paramedics Quality Register.

What must I tell the Healthcare Provider?
The Healthcare Provider is entitled to information from you, such as:
a. Information about your health, medication use, changes therein during registration, or visits to another (alternative) Healthcare Provider or Care Provider. This information is necessary to properly inform, treat, and assess any risks.
b. Who your Representative is or if there are changes to this.
c. Whether you are subject to a debt restructuring arrangement.

What information does the Healthcare Provider provide about an alternative examination or treatment?

1. Your Healthcare Provider clearly informs you (and in writing if you wish) about:
   a. The proposed examination.
   b. The proposed treatment.
   c. Other possible treatment options for your condition.
   d. The course of the examination or treatment and any potential issues or risks.
2. The costs of the examination or treatment.
3. If the Healthcare Provider needs to deviate from prior agreements during the treatment, this may also affect the costs. You will be informed of such deviations unless this is reasonably not possible.
4. The Healthcare Provider provides clear information about the reason for the prescribed therapy.
5. The Care Provider always asks whether you have understood the information and if you have any further questions. For children, the information is also tailored to their age.

Can I ask another Healthcare Provider for their opinion about the treatment, a so-called second opinion?

1. If you wish to seek another Healthcare Provider’s opinion on the proposed treatment, you are always free to do so. The costs of such a second opinion are at your own expense or may be covered by your health insurer. You can always inquire about the costs with your health insurer.
2. If you request it, the Healthcare Provider will provide the information necessary for the second opinion (e.g., photos).

5. HEALTHCARE FILE AND PRIVACY
Is there a healthcare file, and how do I know what is in it?
Yes, the Healthcare Provider keeps a healthcare file containing information about you relevant to fulfilling the agreement. The healthcare file remains with the Healthcare Provider, but you can always request to review it, make changes, or obtain a copy.

What rules apply to maintaining and storing a healthcare file?
The Healthcare Provider complies with applicable laws and regulations when storing the healthcare file. For data related to medical treatment, a retention period of twenty years applies, or longer if reasonably necessary. The Healthcare Provider further complies with the law, particularly the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act (UAVG), and the Additional Provisions for Processing Personal Data in Healthcare Act (Wabvpz), when storing and securing the data in the healthcare file.

What may the Healthcare Provider use my data for?
The Healthcare Provider may use your data only to the extent necessary for:

• Maintaining your file.
• Financial settlement and verification.

Additionally, the Healthcare Provider may use only necessary and, where possible, anonymized data for:

• Monitoring and improving the quality of care, including peer review with colleagues.
• Investigating incidents and internally reported events to monitor and improve the quality of care.
• Training or education.

Can I request the destruction of (part of) the data in my file?
Yes, you can. If you make such a request, the Healthcare Provider will, in principle, destroy your data as soon as possible. The Healthcare Provider will not do so only if retaining the data is critical for continuing the treatment, is in the interest of someone other than yourself, or if destroying the data is legally prohibited.

Does my Healthcare Provider allow others to view my healthcare file?
No, the Healthcare Provider does not. Without your written consent, others may not access or receive data from the healthcare file, unless this is legally required.

Can other clients see or overhear?
The Healthcare Provider must ensure that your privacy is safeguarded during consultations and take appropriate measures to achieve this. This means others cannot see or overhear.

Who may be present during a procedure?
If the Healthcare Provider performs a treatment that could reasonably be perceived by you as an invasion of your privacy, they ensure this is done with your consent or out of sight and hearing of others. Others do not include:

• The Care Provider themselves or those whose assistance is necessary for performing the procedure.
• Your curator/mentor or written authorized representative.
  If the Healthcare Provider plans to have a trainee or intern present during a treatment or consultation, they will ask for your consent in advance.

6. QUALITY
Protocols, Guidelines, and Standards
The Healthcare Provider provides care and services in accordance with applicable standards, guidelines, care modules, and protocols for Alternative Care.

Qualified (Support) Staff

1. The Healthcare Provider ensures that only qualified and competent support staff are involved in executing the Treatment Agreement and that they act in accordance with the standards, protocols, and guidelines for Alternative Care.
2. The Healthcare Provider ensures it is clear to the Client which functions and professional titles the involved staff hold.

Duty of Care
The Healthcare Provider has a duty of care toward the Client. This includes, at a minimum:

1. Ensuring continuity of necessary care in their absence, where needed.
2. Maintaining an up-to-date overview of the actions performed by the Healthcare Provider in the patient file.
3. Making agreements with chain partners and other care providers regarding coordination, collaboration, and responsibilities in the care provided to the Client.

Involving Third Parties in Performing (Parts of) Care
The Healthcare Provider may engage third parties to provide services or products as part of the treatment. The Healthcare Provider exercises due care in this regard and informs the Client about it. The Healthcare Provider remains responsible to the Client for the entirety of the treatment.

Does the Healthcare Provider inform you about incidents?
If an incident occurs during the treatment that has or could have noticeable consequences for you:
a. The Healthcare Provider will contact you immediately after discovering the incident.
b. The Healthcare Provider will take necessary steps to mitigate or limit any negative consequences of the incident for your health.
c. In addition to providing a complete file, the Healthcare Provider will collect other data that may help establish the facts and possible causes.
d. The Healthcare Provider will cooperate with any second opinion you may request. Once the cause of the incident is known, the Healthcare Provider will clearly inform you about the nature and cause of the incident, and this will be recorded in your file.

7. PAYMENT TERMS
How must I pay for the care and services?

1. The Healthcare Provider may use payment terms. If applicable, these were made known to you when entering into the Treatment Agreement. These payment terms specify whether, and if so, which factoring or clearing company is used for sending and/or collecting invoices and the implications for questions and comments regarding the invoice.
2. The payment terms specify the payment deadlines and penalties for non-payment.
3. The Healthcare Provider may send invoices directly to the health insurer. If the insurer does not pay, the Healthcare Provider will send the invoice to you. From the moment it is sent to you, the applicable full payment term applies again.

8. TERMINATION OF THE AGREEMENT
When does the Treatment Agreement end?
The Treatment Agreement ends:

• On the end date specified in the Treatment Agreement.
• If both you and the Healthcare Provider agree to terminate it, in which case the termination is recorded in writing.
• Upon your death.
• If it is terminated by you or the Healthcare Provider under the conditions described below.
• By dissolution by a court.
  If treatment costs and material or technical costs have already been incurred at the time of termination, you must still pay these costs insofar as they are separately charged for the respective treatment.

Can I terminate the Treatment Agreement?
You can terminate the Treatment Agreement at any time by sending an email or letter to the Healthcare Provider.

Can the Healthcare Provider terminate the Treatment Agreement?
The Healthcare Provider may terminate the Treatment Agreement by letter, with a reasonable notice period, only if:

• The Healthcare Provider can no longer provide or is not allowed to provide the care you need, for example, due to a change in care needs such that the Healthcare Provider can no longer offer appropriate care.
• The care is no longer necessary.
• You fail to fulfill your obligations under the Treatment Agreement or behave in such a way that it is no longer possible for the Healthcare Provider to provide proper treatment. The Healthcare Provider must then reasonably attempt to discuss the reasons for termination with you and inform you about the complaints and disputes procedure.
• You have a payment arrears, unless there are medical reasons not to stop the treatment. The Healthcare Provider must first have pointed out your default and indicated that the treatment will be suspended or that you must pay in cash going forward.
• There are other significant reasons for termination that have been discussed with you.

9. COMPLAINTS AND DISPUTES
What can I do with a complaint about the Healthcare Provider?
The Healthcare Provider has a complaints procedure based on the law, which can be found on their website. Initially, the complaint will be discussed with the Care Provider.

More information about complaints and disputes can also be found on the websites of the Collective of Alternative Therapists, www.catcollectief.nl, or the Paramedics Complaints Desk, www.klachtenregisterparamedici.nl.

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