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Comparison of Proposals to Limit Resident Work Hours

 

HR 3236 and
S 2614
 (1)

OSHA Petition (2)

ACGME (3)

AMA (4)

AAMC (5)

Maximum Hours per Week

80 hours, no averaging

80 hours, no averaging

88 hours averaged over 4 weeks 6

84 hours averaged over 2 weeks 7

80 hours, no averaging

Maximum Shift Length

24 hours

24 hours

30 hours 8

30 hours9

24 hours

Specific Exemption from Maximum Shift Length for Post-Call Clinic

 No

 No

 Yes

No

 No

Minimum Time Off Between Shifts

10 hours

10 hours

10 hours

10 hours

8 hours

Maximum On-Call Frequency

Every third night, 
no averaging

Every third night, 
no averaging

Every third night, averaged over 4 weeks

Every third night, averaged over 2 weeks

Every third night, averaged over 4 weeks

Mandatory Off-Duty Time

24 hours off per week, 1 weekend off per month, no averaging

24 hours off per week, no averaging

24 hours off per week, averaged over 4 weeks

24 hours off per week, averaged over 2 weeks

24 hours off per week, no averaging

Whistleblower Protections

Yes

Yes

No

No

No

Enforcement

Civil penalties

Civil penalties

Voluntary approach10

Defers to ACGME

None mentioned 

Public Disclosure of Violating Hospitals

Yes

Yes

No

No

No

Provides for Additional Funding

Yes

Not applicable

No

No

No

1 http://thomas.loc.gov/;  Then type in the appropriate bill number.
2 http://www.citizen.org/publications/release.cfm?ID=6771 
3 http://www.acgme.org/new/resHrsLanguage.asp (no longer available).
4 http://www.ama-assn.org/ama1/upload/mm/annual02/RefcomC.Annot.doc (no longer available).
5 http://www.aamc.org/hlthcare/gmepolicy/gmepolicy.pdf 
6 Individual programs may apply to their sponsoring institution’s Graduate Medical Education Committee for up to a 10% increase over the 80-hour limit if they can provide a “sound educational rationale.”
7 Under certain circumstances, a 5% increase over the 80-hour limit may be granted.
8 A 24-hour limit on in-house call duty, with an added period of up to 6 hours for transfer of patient care, educational debriefing, didactic activities and post-call continuity clinic.
9 A 24-hour limit on in-house call duty, with an added period of up to 6 hours for transfer of patient care, educational debriefing and didactic activities.
10 The ACGME proposes voluntary enforcement of their guidelines by intensifying information collection, shortening residency review cycles, increasing their response time to alleged violations, and enhancing programs’ and institutions’ accountability for compliance.


Last updated 10/17/02