A. Duty Hours

The structuring of duty hours and on-call schedules shall focus on the needs of patients, continuity of care and the educational needs of the residents as determined by the department chairperson and the ACGME General and Special Duty Hours Requirements that apply to each program. Residents who voluntarily agree to duties which are not considered a normal part of their duties within their residency/fellowship program may receive additional compensation with the prior approval of the program director, and the Associate Dean for Graduate Medical Education. The Hospital will provide adequate on-call space and availability of food for residents assigned to overnight in-hospital call and to residents who are called in from home.

B. Substance Abuse and Physician Impairment

Drug and Alcohol Abuse in the Workplace

All members of the University of Massachusetts Community shall comply with the Federal Drug-Free Workplace Act and laws of the Commonwealth of Massachusetts, the regulations of the Alcoholic Beverages Control Commission and local ordinances and regulations relative to the illegal use, sale, dispensing, possession or manufacture of illegal drugs, controlled substances or alcohol at all buildings, grounds and property owned, used or leased by the University and the affiliated training sites. At no time shall a resident report to work under the influence of alcohol or illegal drugs. If it is determined that a violation of UMMS’s Policy or State or Federal law relative to controlled substances or alcoholic beverages has occurred, a resident will be subject to disciplinary action up to and including termination of employment and referral for prosecution.

It is the responsibility of all individuals to maintain a working environment free from drug and alcohol abuse. The UMass Memorial Medical Center Clinician Health and Well-Being Committee is available to evaluate, refer, and otherwise assist practitioners impaired or potentially impaired by reason of alcohol, drugs, physical disability, mental illness or other health condition. Residency program directors, chief residents, and other employees are encouraged to refer colleagues with suspected Impairment to the Clinician Health and Well­Being Committee. The House Officer Counseling Program is also available as a referral resource.

The Clinician Health and Well-Being Committee serves as a liaison to the Massachusetts Medical Society's Physician Health Service (PHS). The PHS can accept referrals, evaluate, make recommendations for treatment, and monitor physicians with problems of chemical dependence or mental health issues.

A resident or fellow who is suspected of or found to have abused illegal drugs, controlled substances or alcohol, and who refuses participation in a monitoring program or who violates a monitoring contract with the PHS, will be reported to the Massachusetts Board of Registration in Medicine. A resident, or fellow, failing to abide by the treatment program guidelines established in a contract with PHS may be terminated.

All reporting and monitoring is considered confidential.

All licensed physicians In the Commonwealth of Massachusetts are required to report fellow physicians who are guilty of practicing medicine while the ability to practice Is Impaired by alcohol, drugs, physical disability or mental instability (M.G.L.c.112 5f) to the Massachusetts Board of Registration in Medicine.

C. Psychiatric Impairment

The Office of Graduate medical education provides access to highly confidential counseling services to residents. Outside referrals may also be made. Information from resident encounters is not shared with the residency program or OGME without the explicit permission of the resident. A residency program director may, however, require resident assessment or participation in counseling as a requirement to remain in the residency program if there is sufficient evidence of impairment or behavioral difficulties, which make it difficult to carry out responsibilities within the residency program and/or which might adversely impact patient care and safety. This requirement may be subject to appeal as described in Section IV.E.

D. Sexual Harassment

Sexual harassment is a violation of Federal and State law. It is the policy of the University of Massachusetts Medical School to provide an educational, employment and business environment free of sexual harassment in the form of unwelcome physical advances, requests for sexual favors and verbal and written communications of a sexual nature. UMMS’ Diversity and Equal Opportunity Office (DEOO) has primary responsibility for investigating and resolving sexual harassment complaints. The Office conducts investigations of all complaints and implements remedies to ensure compliance with University sexual harassment policies and Federal and State laws. Any member of the Medical School community found to have violated the University’s sexual harassment policy will be subject to a range of disciplinary action up to and including possible termination.

Complaints will be investigated in a timely and confidential manner, whether they occur at UMass Memorial Medical Center or at other affiliated training sites. Appropriate representatives from UMMS and the affiliated site will jointly investigate complaints involving faculty, staff, or personnel at affiliated training sites. Every effort will be made to respect the privacy of those involved and retaliation in any form for having made a complaint, or for participating in the investigation of a complaint is prohibited. A copy of the sexual harassment complaint procedure may be obtained from the Diversity and Equal Opportunity Office, the Office of Graduate Medical Education or the Clinical Department Administrator.

E. Residency Closure or Reduction

Residents will be notified promptly of an approved plan to implement a reduction in the size of or closure of their residency or fellowship program. To the extent possible, any such reduction or closure will be phased in to permit residents/fellows to complete their education. Assistance will be provided to residents wishing to transfer to another ACGME-accredited program in which they can continue their education.