November 16, 2001

Bill Focuses on Resident Work Hours and Resident Supervision

Representative John Conyers, Jr. (D-Mich.) Nov. 6 introduced the "Patient and Physician Safety and Protection Act of 2001" (H.R. 3236) which establishes specific limits on work hours, allows residents to file anonymous complaints regarding violations, and imposes financial penalties for noncompliance. The bill limits postgraduate trainees to 80 hours of work per week and 24 hours of work per shift. They must have at least 10 hours between scheduled shifts, at least one of every 7 days off, and at least one full weekend off per month. Emergency Department residents may work no more than 12 continuous hours within the Department. The bill also limits on-call responsibilities to no more than every third night.

The bill directs the HHS Secretary to promulgate regulations regarding the transfer of patient care responsibilities from resident to resident and the supervision of residents. The Secretary would also designate an individual within HHS to handle resident complaints. That individual would be authorized to conduct anonymous surveys of residents, conduct on-site investigations, and provide public disclosure of hospitals and programs in violation (including notifying Members of Congress).

H.R. 3236 authorizes additional hospital payments ("amounts as may be required") to support program compliance with the new requirements. As of November 14, the bill has 12 Democratic cosponsors: Reps. Robert Andrews (D-N.J.), Rick Boucher (D-Va.), Gene Green (D-Tex.), Tony Hall (D-Ohio), Marcy Kaptur (D-Ohio), Dale Kildee (D-Mich.), Gerald Kleczka (D-Wis.), Dennis Kucinich (D-Ohio), Eleanor Holmes Norton (D-DC), and Lynn Rivers (D-Mich.).

Information: Chris Mitchell, AAMC Office of Governmental Relations, 202-828-0526.