The doctors' dilemma--student or employee?
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An analysis of reported state and federal adjudication from 1950 through 1989 was undertaken to identify issues and trends in litigation involving residents and their training. Of the 174 decisions cited, 38 (22%) involved disputes over general programmatic issues. The great majority of these addressed academic administration, especially issues arising from dismissals of residents. During more recent periods, residency programs have accommodated to judicial scrutiny of dismissals and have prevailed more often than claimants in litigation. Successful accommodation by residency programs has apparently not operated as a disincentive to further litigation, however.
Academic health centers (AHCs) have been under siege for the past few years, with decreased federal and state funding for educational and research programs and increasing competition in the health care marketplace. In addition, many AHCs are burdened with the bureaucratic red tape of large educational institutions, which makes agility in responding to a demanding health care market difficult. The authors describe the response to these threats by Oregon Health Sciences University (OHSU), an approach that has been different from those of most similar institutions. OHSU chose to change its structure from being part of the state system of higher education to being an independent public corporation. The authors outline the political process of building widespread support for the legislation passed in 1995, the key features of the restructuring, the challenges faced before and after the transition to a public corporation, and lessons learned in this metamorphosis to a new form.
The author describes the five decades of efforts by residents in the medical schools of the province of Quebec, Canada, to negotiate scientific, cultural, social, and economic issues that affect them as trainees. At present, the residents' association, the Fédération des Médecine résidents du Quebec negotiates collective agreements on working conditions and other issues with the Quebec Ministry of Health, not the hospital association. The federation has become recognized as an important body throughout Canada, and its representatives regularly participate in meetings concerning the country's health care system. The author describes the duty hours provisions of the current collective agreement (1996-2002), and remarks that in general, the agreement's regulations are helpful to residents, prevent the possibility of abusive work schedules, and, among other benefits, provide generous time off for conferences, examinations, and study time. However, some residents, particularly those in surgical disciplines, believe that the work-hours provisions are too restrictive, as they wish to maximize their acute-care surgical experiences in the operating room via frequent on-call hours. At present, residents in all disciplines are allowed to remain in the hospital to attend to patient care duties as much as they wish, but they may not be on official call more than is stipulated by the collective agreement. These agreements have also created some difficulties in providing coverage for patients; the author discusses various solutions to this problem.
Unlike other industries, hospitals are entitled by law to at least ten days' notice of any strike, picketing or concerted refusal to work. By asserting this right, they may plan for continued operation and the continued care of their patients.
Substance abuse imposes enormous social, political, and economic burdens on America and American society. This article explores employer use of substance abuse screening and its legal implications.
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