THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK, FONTANA, RAFFERTY, STOUT, WASHINGTON, HUGHES, LOGAN, COSTA, FARNESE AND LEACH, JULY 10, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, JULY 10, 2009  

AN ACT

Providing for safe staffing standards for medical doctor

residents working in hospitals and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Medical

Resident and Patient Safety Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Hospital."  Any of the following:

(1)  An institution licensed or regulated as a hospital

by the Department of Health or the Department of Public

Welfare.

(2)  A facility owned or operated by the Federal

Government and accredited by the Joint Commission on

Accreditation of Hospitals as a hospital.

"Resident."  A medical doctor who participates in graduate

training.

Section 3.  Staffing standards.

(a)  Limitations.--Except as set forth in subsection (b), a

hospital that employs residents who are in an accredited program

of graduate medical education training shall establish the

following limits on working hours of residents who have

inpatient care responsibilities:

(1)  The scheduled work week for a resident shall not

exceed 80 hours per week.

(2)  On-call duty during night shift hours for a resident

shall not be scheduled more often than every third night.

(3)  A resident shall not be scheduled for more than 24

consecutive hours in either patient care or educational

sessions.

(4)  A resident shall have at least one 24-hour period of

scheduled nonworking time per week.

(5)  A resident shall not be scheduled for more than 12

consecutive hours of patient care in an emergency department.

(6)  A resident shall have at least eight hours of

nonworking time between work shifts.

(b)  Exception.--The limits in subsection (a) shall not apply

when a state of emergency is declared and a medical facility may

reasonably be expected to provide an exceptional level of

emergency or other medical services to the community.

Section 4.  Whistleblower protections.

No employer may discharge, threaten or otherwise discriminate

or retaliate against an employee regarding the employee's

compensation, terms, conditions, location or privileges of

employment because the employee or a person acting on behalf of

the employee makes a good faith report or is about to report,

verbally or in writing, to the employer or appropriate authority

an instance of wrongdoing under this act. A person who alleges a

violation of this act may bring a civil action in a court of

competent jurisdiction for appropriate injunctive relief or

damages, or both, within 180 days after the occurrence of the

alleged violation.

Section 5.  Enforcement.

The department has the power to:

(1)  Adopt regulations to enforce the provisions of this

act.

(2)  Receive complaints.

(3)  Investigate reported violations.

(4)  Levy fines.

(5)  Carry out all other duties in accordance with the

provisions of this act.

Section 6.  Disclosure of violations and annual reports.

(a)  Survey.--The department shall annually conduct an

anonymous survey of residents to determine compliance with this

act.

(b)  Onsite investigations.--The department shall conduct

appropriate onsite investigations based on the surveys.

(c)  Report.--The department shall prepare and distribute an

annual report to the General Assembly on compliance with this

act. This report will be available for public review.

Section 20.  Penalties.

The department may levy an administrative fine on a hospital

that violates this act. The hospital will be fined $5,000 for

the first offense and $10,000 for each subsequent offense. The

hospital shall have the right to an adjudication pursuant to 2

Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) with appeal to the Commonwealth Court

pursuant to 2 Pa.C.S. Ch. 7 (relating to judicial review).

Section 21.  Effective date.

This act shall take effect in 60 days.