February 3, 2015


Thank you for last week's email on medical students because I am in the market of hiring a medical student or resident.  So, what if I hire a resident?  Is that okay and what can they do?

Dr. O


Good question, one also addressed by the AMA and limited by State licensure laws.  The AMA has a policy dedicated to resident hires, but before I get to the AMA policy, I do want to reiterate that last week's comments on an "unlicensed" person applies to residents as well.  If the resident does not have a medical license, depending on the state laws, the individual will be limited.  In NY, that means the resident may not "practice medicine."

The AMA Ethics Opinion follows - 

Opinion 8.088 - Resident Physicians' Involvement in Patient Care


Residents and fellows have dual roles as trainees and caregivers. First and foremost, they are physicians and therefore should always regard the interests of patients as paramount. To facilitate both patient care and educational goals, physicians involved in the training of residents and fellows should ensure that the health care delivery environment is respectful of the learning process as well as the patient’s welfare and dignity.

(1) In accordance with graduate medical education standards such as those promulgated by the Accreditation Council for Graduate Medical Education (ACGME), training must be structured to provide residents and fellows with appropriate faculty supervision and availability of faculty consultants, and with graduated responsibility relative to level of training and expertise.

(2) Residents’ and fellows’ interactions with patients must be based on honesty. Accordingly, residents and fellows should clearly identify themselves as members of a team that is supervised by the attending physician.

(3) If a patient refuses care from a resident or fellow, the attending physician should be notified. If after discussion, a patient does not want to participate in training, the physician may exclude residents or fellows from that patient’s care or, if appropriate, transfer the patient’s care to another physician or non-teaching service, or to another health care facility.

(4) Residents and fellows should participate fully in established mechanisms for error reporting and analysis in their training programs and hospital systems. They should cooperate with attending physicians in the communication of errors to patients. (See Opinion E-8.121, "Ethical Responsibility to Study and Prevent Error and Harm.")

(5) Residents and fellows are obligated, as are all physicians, to monitor their own health and level of alertness so that these factors do not compromise their ability to care for patients safely. (See Opinion E-9.035, "Physician Health and Wellness.") Residents and fellows should recognize that providing patient care beyond time permitted by their programs (for example, "moonlighting") might be potentially harmful to themselves and patients. Other activities that interfere with adequate rest during off-hours might be similarly harmful.

(6) Residency and fellowship programs must offer means to resolve educational or patient care conflicts that can arise in the course of training. All parties involved in such conflicts must continue to regard patient welfare as the first priority. Conflict resolution should not be punitive, but should aim at assisting residents and fellows to complete their training successfully. When necessary, higher administrative authorities or the relevant Residency Review Committee (RRC) should be involved, as articulated in ACGME guidelines. (I, II, V, VIII)

Issued November 2005 based on the report "Resident Physicians' Involvement in Patient Care,"PDF FIle adopted June 2005.


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