Delaware General Assembly

Out of Committee 6/19/03

The General Assembly has ended, the current status is the final status.

6/5/03

Vaughn

Sen. Blevins, Bonini, DeLuca, Henry, Cloutier
Reps. Cathcart, Keeley, Viola

AN ACT AMENDING TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF QUALITY MEDICAL CARE IN DELAWARE HOSPITALS BY PLACING LIMITS ON WORKING HOURS FOR PHYSICIAN RESIDENTS AND POSTGRADUATE TRAINEES.

The quality of medical care is seriously jeopardized when patients are left in the care of physician-residents who have been sleep deprived due to work shifts routinely lasting thirty-six hours. The Institute of Medicine released a report revealing nearly 100,000 annual deaths resulting from medical errors. Resident-physicians work up to 120 hours a week, including 36 hour shifts for several weeks at a time. The medical community has chosen not to adequately address this issue and is ill-equipped to enforce work hour rules. In addition, it cannot provide independent oversight on compliance with such rules. After 24 hours of wakefulness, cognitive function deteriorates to a level equivalent to having a 0.1% blood alcohol level. These doctors would be considered too unsafe to drive, yet they could still treat patients for 12 more hours. In a June 2001 survey of 4500 Ob/Gyn residents, 60% thought the hours they worked may compromise the quality of care their patients receive. 75% of Ob/Gyn Residents believe in the need for work hour limits. Surveys show that between 30% and 40% of a resident's time is spent on non-educational activities. Forty-one percent of resident-physicians attribute their most serious mistake in the previous year to fatigue. 45% of residents who sleep less than 4 hours per night report committing medical errors. This Act would provide a needed safeguard in Delaware health care facilities by limiting the hours and conditions under which a physician-resident is forced to work.

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Takes effect upon being signed into law

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