In order to have working conditions and work schedules for the medical interns and residents that promote the quality of the medical services, all hospital institutions must establish the following limits in the work shifts of such physicians:
(a) In hospital institutions with more than fifteen thousand (15,000) unscheduled visits to the emergency room per year, the assignment of a medical intern or resident shall be limited to not more than twelve (12) consecutive hours of work in emergency room services. The Secretary may approve alternate work plans limited to fifteen (15) hours for residents in emergency room services as long as:
(1) The alternate work plan contributes toward having the hospital institution satisfy the needs of the community regarding such emergency services;
(2) the volume of patients examined and treated during the extended period is substantially less than that of another daily schedule, and
(3) an adequate rest time of not less than ten (10) hours is provided between scheduled work periods to prevent tiring out the physician.
(b) Training programs must comply with the following criteria:
(1) The weekly work schedule shall not exceed an average of eighty (80) hours per week.
(2) The medical intern or resident shall not work more than twenty-four (24) consecutive hours in any schedule.
(3) Such duties are programmed for each resident for not more than every three (3) nights.
(c) The Director of the internship or residency program of a hospital institution must develop and implement policies pertaining to the medical interns or residents that establish limits to the duties assigned to said physicians, including, but not limited to: the assignment of new patients and the duration of their daily guard.
(d) When establishing the limits of work hours for a medical intern or resident, as set forth in subsections (a) and (b) of this section, the Director of the program must require that the guard schedule be separated by not less than eight (8) free hours. At least one twenty-four (24) free hour period shall be established per week.
(e) All hospital institutions that employ an intern or resident must adopt and implement specific policies that regulate dual employment of same. Such rules must at least require each intern or resident to notify the hospital institution of any other employment different from the one practiced in the hospital, and the schedule dedicated to same. [All interns or residents who would have worked the maximum hours established in this chapter, shall be prohibited from working extra hours and providing health care services to patients in any hospital institution.]
History —Jan. 4, 2003, No. 47, § 4.