PROVIDENCE HOSPITAL Washington, D.C. SAMPLE RESIDENT CONTRACT FOR FAMILY MEDICINE AGREEMENT, made and entered into this day of,, between Providence Hospital (hereinafter referred to as the Hospital) and Resident physician. WHEREAS, the Hospital desires and agrees to provide a training program accredited by the Accreditation Council for Graduate Medical Education, and as detailed in the Resident Manual, contingent upon Resident s satisfying ACGME eligibility standards and Resident s acceptable Physical Examination results, including drug testing. WHEREAS, the Resident agrees (a) to perform satisfactorily and to the best of his ability the customary responsibilities of Residents, and (b) agrees to abide by the policies, procedures, rules and regulations that govern the operation of Providence Hospital and regulations governing Residents as defined in the Resident Manual and provided by this contract. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth both parties hereto agree as follows: 1. Type of Program: --------------------------------- Department: -------------------------------- 2. Duration: Begins on and ends on 3. Stipend: $ per annum 4. Meals: Reimbursed for two meals when on call. 5. On call quarters provided. 6. Professional uniforms/ scrub suits provided, (laundry not provided) 7. Hours of duty: Resident duty hours are limited to 80 hours or less per week when averaged over a four week period. Call will not be more than every third night. On call schedules will limit continuous duty hours to 24 hour periods with an additional six hours available for transferring care, attending clinics, etc. No resident will work beyond a thirty hour continuous period. All residents will have a minimum of 10 hours off between shifts. Residents are required to take at least 4 days off during a rotation (1 day out of 7 when averaged over 4 weeks). Duty hours are monitored by the respective programs. For further information see specific Program Policy Manuals.. 8. Vacation: Three (3) weeks. Must be taken during the contract year. 9. Professional Liability Insurance: Provided by Providence Hospital through the Daughters of Charity Self Insurance Trust while the Resident is on official duty and acting within the scope of this contract. This includes affiliations, preceptorships or any official assignment. Coverage limits are $1 million per occurrence/$3 million aggregate per year with policy year commencing July 1 to
June 30 of the following year. Policy coverage is of a claims made nature and covers claims made/reported/filed during the year the policy is in force for any events which occur that year or during any previous period the Resident was contracted and insured under the claims made contract. At the time of completion and/or termination of the contract, tail coverage is provided for acts which occur while the Resident was under contract. Questions regarding coverage are to be directed to the Hospital Risk Manager. 10. Parking: Free parking at the Hospital will be provided during the contract year. 11. Major Medical and Dental Insurance are provided in accordance with hospital policy as described and presented in detail during Residents Orientation by the Hospital s Human Resources Department. Long-Term Disability Insurance: Provided by Providence Hospital to Residents, effective the first of the month following thirty (30) days of service. Disability Insurance covers 50% of basic monthly earnings after a four month elimination period. Benefits may continue up to two years in the case of disability due to sickness or up to age 65 in the case of disability due to accident. 12. Sick Leave: All Residents will be granted an anticipated two (2) weeks sick leave at the beginning of each academic year and not to be carried over. Maternity leave is to be allowed as for any other disability or illness. After Residents exhaust their two weeks of sick leave and their three weeks of vacation, an additional week will be provided with pay. No paternity leave is granted. Usually six weeks is the appropriate time away from duty before and after delivery. Exceptions to this will be made depending upon circumstances at the time and following discussions between the Resident s attending obstetrician, the Program Director and the Vice President for Medical Affairs of the Hospital. 13. Professional Leave of absence - See Specific Program Policy Manual. 14. Leave of Absence - See specific Program Policy Manual. 15. Counseling, medical and psychological support services - See specific Program Policy Manual. 16. Residents Responsibilities - See specific Program Policy Manual. 17. Renewal of Contracts/ Conditions for Reappointment: All contracts are for one year (12 months) from effective date. A subsequent contract may be offered following 12 months of satisfactory performance by the Resident as evaluated by the Program Director and Teaching Faculty of each department - See specific Program Policy Manual. 18. Disciplinary Action and Fair Procedure: In the event of personal or professional misconduct on the part of a Resident, disciplinary action may be taken by the Program Director or Chairperson of the Department in which the Resident serves or by the Vice President for Medical Affairs. The Resident will be advised in writing of the basis for the disciplinary action. This action will be final unless an appeal is made by the Resident. Such appeal shall be made in writing to the Vice President for Medical Affairs within ten working (10) days of receipt of the disciplinary action notification. Within five (5) working days of receipt of such appeal, the Vice President for Medical Affairs in collaboration with the Department Chairperson shall appoint an ad hoc committee of not less than
three (3) nor more than five (5) impartial members of the department to which the Resident is assigned. The Chairperson of the Education Committee of the Medical-Dental Staff will designate one of its committee members as part of this ad hoc committee. The ad hoc committee shall set a time for a hearing on the appeal not less than ten (10) working days thereafter. At such a hearing, the Resident shall have the right to confront his/her accusers. The Resident shall have the right to testify, call witnesses on his/her behalf, and have legal representation. Members of the ad hoc committee or an attorney for the committee shall have the right to cross examine such witnesses. The Resident may submit a memorandum of law and he/she or his/her legal counsel may make an oral argument. The ad hoc committee may convene as many hearings as is deemed necessary to evaluate the appropriateness of the disciplinary action within a period of 10 working days. The ad hoc committee shall make recommendation(s) as it deems appropriate, including but not limited to upholding and implementation of the disciplinary action, cancellation of the disciplinary action, immediate dismissal or other appropriate disciplinary action. Such recommendation(s) shall be made in writing, within five (5) working days of its final hearing to the President of the Hospital. The Resident, the Vice President for Medical Affairs and the Chairperson of the Education Committee of the Medical-Dental Staff will also receive notification of the ad hoc committee s recommendation(s). The President of the Hospital will confer with the Vice President for Medical Affairs and the Chairperson of the Education Committee of the Medical-Dental Staff to hear their comments and advice. The President of the Hospital may affirm the recommendation(s) made by the ad hoc committee or modify it/them in any way. Before a decision by the President, the Resident, if he/she so desires may make written representation to the President within five (5) working days after receipt of notification of the recommendations(s) of the ad hoc committee. The decision of the President of the Hospital shall be final. A summary of these proceedings will be reported to the Education Committee of the Medical- Dental Staff. 19. Nonrenewal of Contract or Dismissal for Academic Reasons: The Resident will be provided in writing the reasons for either non-renewal or dismissal no later than four months prior to the end of the contact period. If the reasons for nonrenewal or dismissal occurs within the four months prior to the end of the contract period, the resident will be notified in writing as soon as possible. The Vice President for Medical Affairs and the Chairperson of the Education Committee of the Medical-Dental Staff will also receive copies of this notification. The Resident, if he/she so desires may appeal this action as follows: Within ten (10) working days he/she shall respond in writing or orally to the allegations to the Program Director and faculty of the Department for review and consideration. If the Program Director and faculty s action is adverse to the Resident, within five (5) days he/she may present his/her written response to the Vice President for Medical Affairs.
If the Program Director and faculty s action is affirmed by the Vice President for Medical Affairs, it will be referred to the President of the Hospital. The Chairperson of the Education Committee will be advised of the Vice President for Medical Affair s decision. Before a decision by the President, the Resident, if he/she desires, may make written representations to the President within five (5) working days after notification by the Vice President of Medical Affairs of his decision. The President of the Hospital will confer with the Chairperson of the Education Committee of the Medical-Dental Staff to hear his/her comments and advice. The decision of the President is final. A summary of these proceedings will be reported to the Education Committee of the Medical- Dental Staff. 20. Grievance Policy: Academic and Non academic - See specific Program Policy Manual. 21. Failure to Exercise Rights: Failure to exercise rights within allotted time will be construed to mean that the Resident has waived his/her rights. 22. Summary Discipline: If the Vice President for Medical Affairs believes that a charge reported against any Resident is so serious that the interest of the patients for the good name or safe operation of the Hospital requires that the Resident be immediately relieved of duty, he may suspend such Resident at once by oral or written notice and such suspension shall remain in effect until the resolution of the disciplinary procedure herein provided unless the Vice President for Medical Affairs sees fit to sooner reinstate the Resident. 23. Sexual Harassment Policy (reference to and adapted from Providence Hospital Policy Number 16.38): Providence Hospital fully supports the position that sexual harassment in the work area violates Title VII of the 1964 Civil Rights Act. The Hospital will not tolerate sexual harassment in any form. Sexual harassment refers to unwelcome advances, behavior which is personally offensive, or debilitates morale and interferes with the effectiveness of its victims and their co-workers. The harassment may range from physical intimidation to actions which create an offensive environment. Any Resident who feels he/she has been subjected to sexual harassment should report the incident to the appropriate supervisor, Program Director, Employee Relations Advisor or Personnel Director. Because this matter must be handled with urgency and confidentiality, the Resident must be allowed to report the incident to the individual listed above whom the Resident prefers. The complaint will be investigated immediately to determine if the evidence supports the alleged harassment. Disciplinary action will normally be taken against any individual who is judged to be in violation of this policy. The disciplinary action may range from counseling to discharge depending upon the severity of the harassment. 24. Moonlighting Policy: No resident is allowed to moonlight without the express and written approval of his/her respective Program Director.- See specific Program Policy Manual 25. Physician Impairment/Substance Abuse Policy (reference to and adapted from Providence Hospital Policy No. 16.56: Fitness for Duty Determination, Policy No. 16.65: Drug Free Workplace and the Medical Society of the District of Columbia s Impaired Physician Program Brochure): An impaired physician is one who has an illness or disability which interferes with the performance of professional duties and responsibilities. Some of the major impairments include alcoholism and other drug dependencies, habitually abusing drugs, mental illness, psychosexual disorders and disabilities associated with aging.
Providence Hospital acknowledges that alcohol and substance abuse are serious and complex, but an often treatable condition/disease that negatively affects Residents professional, personal and family lives. Patient safety is a primary responsibility of the Hospital and patients have the right to expect that they are being cared for by a total hospital staff that is unimpaired by mind altering substances. Providence Hospital can not tolerate residents who abuse alcohol and other drugs; therefore, all residents must be willing to validate their drug free status for duty. Providence Hospital Policy No. 16.24, Standards of Employee Conduct and Disciplinary Action states that possession of and/or drinking of any intoxicants or possession, distribution, sale, or use of any controlled substance including marijuana, not prescribed by a physician, improper distribution or sale of any intoxicant or controlled substance is an infraction subject to discharge. Other provisions of Hospital Policy No. 16.24, Hospital Policy No. 16.56, and Hospital Policy 16.65 may be applied in considering infractions subject to discharge pertaining to reasonable suspicion of alcohol and/or substance abuse. Guidelines for reasonable suspicion in Fitness for Duty Determination: Reasonable suspicion is a belief based upon objective and expressible facts sufficient to lead a prudent person to suspect that drug/alcohol use has occurred or is occurring; factors which may constitute reasonable suspicion of being under the influence of drugs/alcohol may include, but are not limited to: slurred speech, inability to maintain attention, loss of coordination/abnormal walk, excessive drowsiness, disorientation/out of touch with surroundings, inability to follow simple verbal commands, agitated or violent behavior, possession of alcohol, drugs, and/or drug paraphernalia, odor of alcohol/drugs on breath or clothing. In addition to behavior, appearance and speech should be documented. It is important to note that these observations could be the result of prescription medication reaction, illness, or from the use of illegal drugs and/or alcohol. When a Program Director, Nurse Manager, attending physician, supervisor or administrative supervisor (the "acting supervisor') questions whether a Resident is "unfit for duty", the following actions shall be taken by the Program Director: The Program Director will call and request another faculty member or security person to be present when the Resident is told that he/she may be considered unfit to perform his/her assigned duties. The Program Director will advise the Resident as to the reasons for requesting a medical examination and give the Resident an opportunity to explain the observed behavior that is causing the Program Director to question the Resident's fitness for duty. If a reasonable explanation cannot be found for the unusual behavior, the Resident will be told that he/she will be given medical examination. The Hospital will provide access to the Employee Assistance Program (EAP) to all Residents and their families. Every effort will be made to accommodate Residents who self-refer or who are referred by their Program Directors for counseling, treatment, or recovery. Services used by a Resident will be handled in a confidential manner. Residents may receive counseling through other approved programs. The Program Director or Resident may arrange to have a referral for treatment through the Medical Society of the District of Columbia's Impaired Physician Program. 26. Residency Closure/Reduction - see specific Program Policy Manual. 27. Restrictive Covenants - see specific Program Policy Manual. The parties have entered into this agreement in good faith and acknowledge their respective ethical and legal obligations to fulfill this Agreement until its expiration date, except in the case where the Resident is unable to do so because of incapacitating illness.
Date: Date: Signed: Resident Signed: Program Director Date: Signed: Vice President Medical Affairs for Providence Hospital Approved by Education Committee Oct. 2003