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