Exempts general hospitals from rules establishing minimum standards, when the hospital is participating in a national study relating to limits on the working hours of postgraduate trainees

BILL NUMBER:S7163

Title of bill

An act to amend the public health law, in relation to exempting general hospitals participating in a national study, relating to the limits on the working hours of postgraduate trainees, from rules and regulations establishing minimum standards for hospitals

Purpose

To allow hospitals to be exempt from regulations regarding postgraduate working hours, in order for the hospital to participate in national studies.

Summary of provisions

Section one of this bill amends section 2803 of the public health law by allowing for general hospitals to be exempt from NYCRR 405.9 requirements regarding limiting postgraduate trainee working hours, so long as the hospital is participating in a national study regarding postgraduate trainee working hours that is recognized and approved by the Commissioner of Health.

Section two has this bill taking effect immediately.

Justification

In 1989, New York placed restrictions on the schedules of postgraduate trainees with inpatient care responsibilities. The regulations were created after Libby Zion, a college freshman, died in a New York hospital after being treated by a resident working a 36-hour shift. Postgraduate trainee's time on duty has been limited to 80 hours per week, with no more than 24 consecutive hours worked, with exceptions and different requirements for trainees in surgery who are "on call." Hour restrictions were also put in place in 2003 and 2011 by the Accreditation Council for Graduate Medical Education (ACGME).

While these regulations were put in place to increase patient safety in teaching hospitals, however, some studies found that it may be having an opposite effect. According to the New Yorker, a John Hopkins study found that both trainees and nurses perceived that the hour limitations decrease the quality of care, and another study found that first year residence before and after the 2011 changes, found a significant increase in self-reported medical error. It is important that studies regarding the impact of post graduate trainees hour limitations occur in order to monitor patient safety, and ensure the regulations are achieving the goal which was intended. This bill will allow New York State hospitals to be exempt from postgraduate trainee time on duty limitations in order to allow them to participate in nationwide studies regarding the impact of regulating the hours a post graduate trainee works, so long as the study is recognized and approved by the Commissioner of Health.

Legislative history

New Bill

Fiscal implications

None

Effective date

This bill will take effect immediately