Graduate Medical Education Policy and Procedure Manual Effective July 1, 2014 http://www.childrensmercy.org/Content/view.aspx?id=344 These Policies and Procedures establish the guidelines for residency and fellowship training at Children’s Mercy Hospital (CMH). These guidelines reflect minimum training policies. Programs must meet these minimum guidelines, but are free to adopt more rigorous policies as they see fit or as necessary to meet the requirements of the Accreditation Council for Graduate Medical Education (ACGME) or other accrediting organizations. When conflicts exist between Graduate Medical Education (GME) Policies and Procedures and individual Program policies, GME Policies and Procedures will take precedence. Similarly, should conflict arise between GME Policies and Procedures or the Program policies and the requirements of the ACGME or other accrediting organizations, the policy of the accrediting organization will take precedence. Any other conflicts that arise between CMH written training policies and other guidelines or policies will be resolved by the Chair or Vice Chair of GME and the CMH Executive Vice-President/Executive Medical Director. The content of this manual is subject to change. Unless otherwise noted, all policies become effective upon publication on the CMH external website. Page 1 of 49 Last Updated: 7/1/2013 TABLE OF CONTENTS 1. ABOUT CHILDREN’S MERCY HOSPITALS & CLINICS 1.1 Mission and Vision 2. INTRODUCTION TO GRADUATE MEDICAL EDUCATION 2.1 ACGME 2.2 Graduate Medical Education Committee 3. ACCREDITED RESIDENCY AND FELLOWSHIP TRAINING PROGRAMS 4. SELECTION AND APPOINTMENT OF RESIDENTS/FELLOWS 4.1 Eligibility 4.2 Application 4.3 Interviews 4.4 Selection 4.5 Appointment 5. AGREEMENT OF APPOINTMENT 5.1 Oversight of Appointments 5.2 Parties 5.3 Term 5.4 Appointment Level 5.5 Stipend (Salary) 5.6 Benefits 5.7 Modification of Amendment 5.8 Nonrenewal 5.9 Restrictive Covenants 5.10 Severance by the Resident/Fellow 5.11 Decision by the Sponsoring Institution not to Offer Subsequent Appointment 5.12 Closure of a Program 5.13 Annulment 5.14 Transfers 6. RIGHTS AND RESPONSIBILITIES 6.1 The Resident/Fellow Responsibilities 6.2 Hospital Responsibilities 6.3 Program Director Responsibilities 6.4 Levels of Supervision 6.5 Transitions of Care 6.6 Records Management 6.7 Needle Stick 6.8 Guidelines for Industrial Sales Representatives (Vendors) 7. BENEFITS 7.1 Health Care Plans 7.2 Income Protection & Security 7.3 Take CARE Wellness Programs 7.4 Retirement Plans 7.5 Time off Plans 7.6 Other Benefits 8. EQUAL OPPORTUNITY EMPLOYMENT 9. ANTI-DISCRIMINATION/ANTI-HARASSMENT 10. RESIDENTS/FELLOWS WITH DISABILITIES 10.1 Definitions 10.2 Procedure 11. CODE OF PROFESSIONAL AND PERSONAL CONDUCT 11.1 Professionalism 11.2 Personal Appearance 11.3 Name Badge 11.4 Smoking and Tobacco Free Environment 12. DRUG AND ALCOHOL POLICY 12.1 Employee Assistance for Drug or Alcohol Related Problems 12.2 Return to Work 12.3 Employee Knowledge of Substance Misuse and Illegal Activity 12.4 Testing of Employees 12.5 Definitions 12.6 Release of Information Page 2 of 49 4 4 4 5 5 7 7 8 8 9 9 9 9 10 10 10 10 10 11 11 11 11 11 11 12 12 12 12 13 14 14 15 15 15 16 17 17 17 18 19 19 19 21 24 24 25 25 26 26 26 27 28 28 29 29 29 30 30 31 32 Last Updated: 7/1/2013 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 12.7 Workers Compensation and Employment 12.8 Exclusions RESIDENT/FELLOW IMPAIRMENT 13.1 Definitions 13.2 Procedure PERSONAL USE OF SOCIAL MEDIA 14.1 Guidelines for CMH Employees Participation in Non-Hospital Social Media 14.2 Inappropriate Postings EDUCATIONAL PROGRAM & ACGME COMPETENCIES INTERNATIONAL ROTATION/EDUCATIONAL UNIT 16.1 Eligibility Criteria for Internal Elective Rotation/Educational Unit 16.2 Travel Criteria 16.3 Return from Travel DUTY HOURS AND CALL SCHEDULES 17.1 Limitations on Duty-hours 17.2 Minimum Time Off between Scheduled Duty Periods 17.3 Maximum Frequency for In-House Night Float 17.2 Call Frequency EXTRA SHIFTS AND MOONLIGHTING EVALUATION 19.1 Resident/Fellow Evaluation 19.2 Faculty Evaluation 19.3 Program Evaluation and Improvement PROMOTION AND PROGRAM COMPLETION 20.1 Promotion/Advancement 20.2 Program Completion CORRECTIVE ACTIONS, SUSPENSION AND TERMINATION 21.1 Categories and Criteria 21.2 Authority 21.3 Reporting Obligations 21.4 Remediation 21.5 Probation 21.6 Suspension 21.7 Termination 21.8 Due Process 21.9 Voluntary Withdrawal from a Program GRIEVANCES 22.1 Grievable Matters 22.2 Non-Grievable Matters 22.3 Grievance Procedures Page 3 of 49 32 32 32 32 33 34 35 36 36 37 37 38 38 38 38 39 39 39 39 40 40 41 41 41 41 42 42 42 42 43 43 43 43 44 45 46 46 46 46 47 Last Updated: 7/1/2013 1. CHILDREN’S MERCY HOSPITALS & CLINICS From our beginning as a single bed hospital in 1897, Children’s Mercy Hospital (CMH) in Kansas City has grown into the pediatric specialty provider of choice for families throughout the region. Working closely with community physicians and hospitals, CMH makes the highest quality pediatric expertise and care a priority. We are here for all children. CMH is committed to providing service excellence and efficiency to everyone we serve. We achieve our high standards through leadership in clinical care, education and research; all focused exclusively on children and their unique needs. Clinical Care Medical staff of over 700 pediatric specialists A comprehensive range of programs and services, representing more than 40 pediatric specialties First hospital in Missouri or Kansas to receive magnet designation from the American Nurses Credentialing Center for superior nursing quality Education Affiliation with University of Missouri-Kansas City (UMKC) School of Medicine Pediatric Fellowship training in over 36 subspecialties Residency training in Pediatrics, Internal Medicine & Pediatrics, Clinical Child Psychology, Dentistry, Pediatric Optometry, and an integrated Child Neurology Program Medical student clerkship in Pediatrics for the UMKC School of Medicine Medical student electives Research A research vision that includes clinical pharmacology and personalized medicine, genetics, oncology, neonatology, immunology and health outcomes A nationally designated Pediatric Pharmacology Research Unit that provides state-of-the-art facilities for clinical trials A collaborating partner for Frontiers: The Heartland Institute for Clinical and Translational Science Awards Mission and Vision Mission CMH provides the highest level of medical care, technology, services, equipment and facilities in promoting the health and well-being of children in the region, from birth through adolescence. Patients and their families are treated with compassion in a family-centered environment that recognizes their physical, emotional, financial, social and spiritual needs. The comprehensive health care environment provided by the hospital includes clinical services, research and teaching efforts which are designed to serve today's and tomorrow's children and the community in which they live. Vision CMH commits to providing quality pediatric medical care with service excellence and efficiency to everyone we serve. 2. INTRODUCTION TO GRADUATE MEDICAL EDUCATION The Graduate Medical Education (GME) Department prepares physicians for practice in a medical specialty or subspecialty. GME focuses on the development of professional skills and clinical competencies as well as on the acquisition of medical knowledge in a specialty or subspecialty. The GME process is intended to prepare the physician for the independent practice of medicine and to assist in the development of a commitment to the life-long learning process that is critical for maintaining professional growth and competency. The single most important responsibility of the GME Department is to provide an educational training Program with guidance and supervision of the Resident/Fellow that facilitates professional and personal growth while ensuring safe and appropriate patient care. Residents/Fellows are expected to assume progressively greater responsibility through the course of training, consistent with individual growth in clinical experience, knowledge and skill. Page 4 of 49 Last Updated: 7/1/2013 The education of Residents/Fellows relies on an integration of didactics into a structured curriculum with the clinical care under appropriate levels of supervision. The quality of the GME experience is directly related to the quality of patient care. Upon satisfactory completion of a training Program, the Resident/Fellow is prepared to undertake independent practice within the chosen specialty or subspecialty. Residents/Fellows in Programs accredited by the Accreditation Council for Graduate Medical Education (ACGME) typically complete the educational requirements for certification by a specialty board recognized by the American Board of Medical Specialties (ABMS). The level of stipends (salaries), the provision of other “benefits,” the duty hours, the length of training Programs, the rotation/educational unit of Residents/Fellows to various services, and the methods of testing and evaluating Residents/Fellows, are necessarily determined by the hospital, the Programs and Sponsoring Institution based on ACGME and specialty board guidelines. CMH recognizes that with the authority vested in the Hospital to determine the terms of the Agreement of Appointment comes the responsibility to provide levels of support sufficient to allow the Residents/Fellows to pursue their educational goals and to administer the Programs fairly and uniformly. 2.1 ACGME 1 The ACGME is a private, nonprofit council that evaluates and accredits residency and fellowship programs in the United States. The ACGME was established in 1981 from a consensus in the academic medical community for an independent accrediting organization. The mission of the ACGME is to improve health care by assessing and advancing the quality of resident physicians' education through exemplary accreditation. The ACGME has 28 Review Committees (one for each of the 26 specialties, one for a special one-year transitional-year general clinical program, and one for institutional review). Each Residency Review Committee (RRC) comprises about 6 to 15 volunteer physicians. Members of the RRC are appointed by the American Medical Association (AMA) Council on Medical Education and the appropriate medical specialty boards and organizations. Members of the Institutional Review Committee and Transitional Year Committee are appointed by the ACGME Executive Committee and confirmed by the Board of Directors. The ACGME's member organizations are the American Board of Medical Specialties, American Hospital Association, American Medical Association, Association of American Medical Colleges, and the Council of Medical Specialty Societies. Member organizations each nominate four members to the Board of Directors, which also includes two resident members—the chair of the Council of Review Committee Residents and a resident member appointed by the Resident and Fellow Section of the AMA—three public directors, the chair of the Council of Review Committees, one to four at-large directors, and a non-voting federal representative. 2.2 Graduate Medical Education Committee 2 CMH is the ACGME accredited institutional sponsor for the Child Neurology, Clinical Neurophysiology, Pediatric Otolaryngology, and Pediatric Rehabilitation Medicine Fellowship Programs. CMH also sponsors and supports other programs that are accredited by specialty boards or other accrediting or governing organizations. The UMKC School of Medicine is an ACGME accredited institutional sponsor for CMH programs in Pediatrics and a number of Pediatric Subspecialties. Policy and Procedure is defined by the applicable ACGME accredited Sponsoring Institution GMEC and by CMH. The ACGME accredited Sponsoring Institution (UMKC or CMH) Graduate Medical Education Committee (GMEC) monitors the regular review of all Residency/Fellowship training Programs regarding compliance with institutional policies and Program requirements. CMH GMEC meetings are held quarterly and minutes are maintained. The CMH GMEC is charged with establishing and implementing policies and procedures regarding the quality of education and the work environment for the Residents/Fellows in ACGME Programs. These policies and procedures include the following: 1 2 http://www.acgme.org/acWebsite/newsRoom/newsRm_acGlance.asp ACGME Institutional Requirements, III Page 5 of 49 Last Updated: 7/1/2013 a. b. c. d. e. f. g. h. i. j. k. l. Stipends (salaries) and position allocation: Annual review and recommendations to the Sponsoring Institution regarding Resident/Fellow stipends (salaries), benefits, and funding for Resident/Fellow positions. Communication with Program Directors (PDs): i. ensure that communication mechanisms exist between the CMH GMEC and PDs; and ii. ensure that PDs maintain effective communication mechanisms with the site directors at each participating site for their respective Programs to maintain proper oversight at all clinical sites. Resident/Fellow duty hours: i. develop and implement written policies and procedures regarding Resident/Fellow duty hours to ensure compliance with the Institutional, Common, and specialty/subspecialty-specific Program Requirements; and ii. consider for approval requests from PDs prior to submission to an RRC for exceptions in the weekly limit on duty hours up to 10 percent or up to a maximum of 88 hours in compliance with ACGME Policies and Procedures for duty hour exceptions. Resident/Fellow supervision: i. provision of safe and effective patient care; ii. educational needs of Residents/Fellows; iii. progressive responsibility appropriate to Residents’/Fellows’ level of education, competence, and experience; and iv. other applicable Common and specialty/subspecialty-specific Program Requirements. Communication with Medical Staff: Communication between leadership of the Medical Staff regarding the safety and quality of patient care that includes: i. the annual report to the Office of Medical Staff; ii. description of Resident/Fellow participation in patient safety and quality of care education; and, iii. the accreditation status of programs and any citations regarding patient care issues. Curriculum and evaluation: Assurance that each program provides a curriculum and an evaluation system that enables Residents/Fellows to demonstrate achievement of the ACGME general competencies as defined in the Common and specialty/subspecialty-specific Program Requirements. Resident/Fellow status: Selection, evaluation, promotion, transfer, corrective action, and/or dismissal of Residents/Fellows in compliance with the Institutional and Common Program Requirements. Oversight of program accreditation: Review of all CMH ACGME program accreditation letters of notification and monitoring of action plans for correction of citations and areas of noncompliance. Management of CMH institutional accreditation: Review of CMH ACGME letter of notification from the IRC and monitoring of action plans for correction of citations and areas of noncompliance. Oversight of program changes: Review of the following for approval, prior to submission to the ACGME by PDs: i. all applications for ACGME accreditation of new Programs; ii. changes in Resident/Fellow complement; iii. major changes in program structure or length of training; iv. additions and deletions of participating sites; v. appointments of new PDs; vi. progress reports requested by a Review Committee; vii. voluntary withdrawal of Program accreditation; viii. requests for an appeal of an adverse action; and, ix. appeal presentations to a Board of Appeal or the ACGME. Experimentation and innovations: Oversight of all phases of educational experiments and innovations that may deviate from Institutional, Common, and specialty/subspecialty-specific Program Requirements, including: i. approval prior to submission to the ACGME and/or respective Review Committee; ii. adherence to Procedures for “Approving Proposals for Experimentation or Innovative Projects” in ACGME Policies and Procedures; and iii. monitoring quality of education provided to Residents/Fellows for the duration of such a project. Oversight of reductions and closures: Oversight of all processes related to reductions and/or closures of: i. individual Programs; ii. major participating sites; and, iii. the Sponsoring Institution. Page 6 of 49 Last Updated: 7/1/2013 3. RESIDENCY AND FELLOWSHIP TRAINING PROGRAMS Program Length of Program 3 2 3 5 1 1 2 1 3 2 3 3 1 Accrediting Organization ACGME ACGME ACGME ACGME APA n/a* ACGME ACGME ACGME ABMG ACGME n/a* n/a* Institutional Sponsor UMKC UMKC UMKC CMH CMH CMH CMH CMH UMKC CMH UMKC UMKC CMH Medical Specialty Board offering Certification www.abp.org www.abai.org www.abp.org www.abpn.com n/a* n/a* www.abmg.org www.abpn.com www.abp.org www.abmg.org www.abp.org n/a* n/a * Pediatrics Allergy/Immunology Child Abuse Pediatrics Child Neurology Clinical Child Psychology Internship Clinical Child Psychology Fellowship Clinical Cytogenetics Clinical Neurophysiology Developmental-Behavioral Pediatrics Molecular Genetics Neonatal-Perinatal Medicine Pediatric Adolescent Gynecology Pediatric and Congenital Cardiovascular Perfusion Pediatric Cardiology 3 ACGME UMKC www.abp.org Pediatric Clinical Pharmacology 3 ABCP CMH www.abcp.net Pediatric Critical Care Medicine 3 ACGME UMKC www.abp.org Pediatric Dentistry 1 CODA CMH n/a* Pediatric Dermatology 1 ABD CMH www.abderm.org Pediatric Emergency Medicine 3 ACGME UMKC www.abp.org Pediatric Endocrinology 3 ACGME UMKC www.abp.org Pediatric Ethics and Genomics 1 n/a CMH n/a* Pediatric Gastroenterology 3 ACGME UMKC www.abp.org Pediatric Hematology/Oncology 3 ACGME UMKC www.abp.org Pediatric Hospital Medicine 3 AAP CMH www.aap.org Pediatric Infectious Diseases 3 ACGME UMKC www.abp.org Pediatric Nephrology 3 ACGME UMKC www.abp.org Pediatric Ophthalmology 1 AAPOS CMH n/a* Pediatric Optometry 1 ACOE CMH n/a* Pediatric Otolaryngology 1 ACGME CMH n/a* Pediatric Pathology 3 ACGME UMKC www.abpath.org Pediatric Radiology 1 ACGME UMKC www.theabr.org Pediatric Rehabilitation Medicine 2 ACGME CMH www.abpmr.org Pediatric Surgery 2 ACGME UMKC www.absurgery.org Sleep Medicine 3 ACGME UMKC http://www.absm.org/ Surgical Critical Care 1 ACGME UMKC www.absurgery.org Surgical Scholars 1 n/a* CMH n/a* AAP -American Academy of Pediatrics AAPOS: American Association for Pediatric Ophthalmology and Strabismus ABCP: American Board of American Pharmacology ABD: American Board of Dermatology ABMG - American Board of Medical Genetics ACGME: Accreditation Council for Graduate Medical Education ACOE: Accreditation Council on Optometric Education APA: American Psychological Association CODA: Commission on Dental Accreditation * No national accrediting organization exists and/or no specialty certification offered at this time 4. SELECTION AND ELIGIBILITY OF RESIDENTS/FELLOWS Page 7 of 49 Last Updated: 7/1/2013 4.1 Eligibility a. b. c. d. 3 Applicants to the Clinical Child Psychology Internship training program must meet the following qualifications to be eligible for appointment as an Intern: i. enrolled in a doctoral program in professional psychology that requires internship training; ii. expected completion of a practicum experience by the start of internship. Applicants to the Pediatric Clinical Pharmacology Fellowship training program must meet the following qualifications to be eligible for appointment as a Fellow: i. possess an M.D., D.O., Ph.D, or Pharm. D degree; ii. must have completed an academic training program in either Pediatrics or Pediatric Pharmacotherapy; iii. must have a desire to pursue an academic career with an emphasis on the evaluation of drugs in children. Applicants for Clinical Cytogenetics and/or Molecular Genetic Fellowship training program(s) must meet the following qualification: i. Possess an MD, DO or PhD degree; PhD degree must be in genetics, human genetics, or related field within the biological sciences, as determined by the American Board of Medical Genetics and Genomics (ABMGG). ii. Individuals who hold doctoral degrees earned outside of the US, Canada or Puerto Rico or who have received their medical training outside of the US, Canada or Puerto Rico need to meet additional requirements determined by ABMGG (see web-site for details). Applicants to all other programs must meet the following qualifications to be eligible for appointment as a Resident/Fellow: i. graduation from a medical school in the United States, Canada or Puerto Rico accredited by the Liaison Committee on Medical Education (LCME); or ii. graduation from a college of osteopathic medicine in the United States accredited by the American Osteopathic Association (AOA); or iii. graduation from a medical school outside the United States with successful completion of a Fifth Pathway Program provided by an LCME accredited medical school; or iv. graduation from a medical school outside the United States, Canada or Puerto Rico with a current, valid certificate from the Educational Commission for Foreign Medical Graduates (ECFMG). All Canadian citizens and eligible Canadian Landed Immigrants who are NOT graduates of a foreign medical school must hold a Professional Worker (TN or Trade-NAFTA) non-immigrant Visa status and maintain proper TN status throughout the length of the graduate medical training Program. Possession of a valid I-94 card with stated TN status and CMH as the sponsor is required. All Canadian citizens and eligible Canadian Landed Immigrants who ARE graduates of a foreign medical school must seek and maintain sponsorship through the ECFMG for J-1 non-immigrant Visa status. CMH primarily accepts applicants with J-1 Visa status. To be eligible for appointment, all international citizens must be sponsored by the ECFMG for the J-1 nonimmigrant Visa classification and have and maintain valid ECFMG certification throughout the length of their training Program. In some cases, CMH will sponsor an H-1B Visa. Residents/Fellows who wish to change their immigration classification while pursuing a graduate medical training Program at CMH must seek prior written approval from the GME Department. Failure to seek such approval will subject the trainee to immediate termination from his/her training Program. 4.2 Application Application to a Program is the first step in the process of credentialing a Resident/Fellow for appointment. Most Programs either participate in the National Resident Matching Program (NRMP) or the San Francisco Match (SFM) as well as the Electronic Residency Application Service (ERAS). A list of participating Specialties and Programs can be found on the ERAS website at https://services.aamc.org/eras/erasstats/par/. Applicants to Programs, who do not apply through ERAS or the SFM, must submit supporting credentials directly to the PD or Program Coordinator (PC). These include: 3 ACGME Institutional Requirements, II.A.1. Page 8 of 49 Last Updated: 7/1/2013 a. b. c. d. e. f. g. h. application form (Program application or the GME application); letters of recommendation; Medical School Performance Evaluation/Dean’s letter; medical school/graduate school transcript; personal statement; USMLE or COMLEX transcript; ECFMG status report and copy of ECFMG certificate (for graduates of foreign medical schools); and curriculum vitae. Applicants beyond the PGY 1 level must also provide evidence of successful completion of Part III of the USMLE and successful completion of previous PGY level(s). 4.3 Interviews Applicants invited for an interview will arrange the date with the PC. The applicant will arrange for transportation. If the applicant is traveling from outside the Kansas City metropolitan area, one night hotel accommodation at a designated local hotel will be provided by CMH and up to $300 of applicable travel costs will be reimbursed. 4 During or prior to the interview day, the applicant will receive information on salary and benefits . 4.4 Selection 5 A selection committee consisting of the PD, Associate Program Director (APD), Chief Residents, if applicable, and representative faculty will review each candidate’s application. The candidates will be ranked based on the strength of the application and personal interview. For those programs participating in the NRMP, the rank order list will be forwarded to the NRMP prior to the published deadline. Occasionally, candidates will be selected outside the NRMP in compliance with NRMP rules. It is the policy of CMH not to discriminate on the basis of race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, veteran or military status, genetic information, or any other legally protected status in admissions or access to, or treatment or employment in its programs and activities, or in the provision of physician/staff privileges. 4.5 Appointment Before appointment and upon receipt of a contingent offer of appointment, the applicant will provide the Department of GME with the following documents: a. copy of signed Offer/Acceptance Letter; b. copy of signed Agreement of Appointment; c. proof of legal employment status (e.g., birth certificate, passport, naturalization papers, valid Visa) and verification of immigration and Visa status as well as a copy of an ECFMG certificate indicating the validation dates, if applicable; d. a copy of a current temporary or permanent license to practice medicine in the State of Missouri; e. a copy of a current temporary or permanent license in the appropriate jurisdiction, if their Program requires rotation/educational unit to affiliate institutions outside the State of Missouri; f. evidence of current certification in Basic Life Support (BLS) and Pediatric Advanced Life Support (PALS) or Neonatal Resuscitation Program (NRP), as required by the individual Programs, unless certification is provided by the Program during orientation; g. verification of a Missouri Bureau of Narcotic and Dangerous Drug certificate if Resident/Fellow; h. a copy of a current Drug Enforcement Agency (DEA) registration. Residents/Fellows using the CMH DEA number and authorized suffix can write only for CMH patients. Residents/Fellows writing for other populations/institutions in the State of Missouri must obtain and use either an individual Missouri DEA number or use the other institution’s DEA authorized suffix. A DEA registration issued for the State of Missouri is not valid for the State of Kansas or any other state. If the Resident/Fellow has a rotation/educational unit at CMH South in the State of Kansas, the Resident/Fellow must obtain a CMH DEA number and authorized suffix to write only for CMH South patients. If the Resident/Fellow 4 5 ACGME Institutional Requirements, II.C. ACGME Institutional Requirements, II.A.2. Page 9 of 49 Last Updated: 7/1/2013 i. has a rotation/educational unit at an affiliate site in the State of Kansas, the Resident/Fellow must obtain an individual Kansas DEA number or use the other institution’s DEA authorized suffix, and; all complete documents required for employment by the Hospital such as complete immunizations and TB testing, a complete and satisfactory background check, and a complete application for CMH employment. At the time of orientation, Residents/Fellows will receive any immunizations that are lacking. The Resident/Fellow will continue to meet the Hospital’s and the state's standards for immunizations in the same manner as all Hospital personnel for the duration of their training. 5. AGREEMENT OF APPOINTMENT6 5.1 Oversight of Appointments Final approval of all Resident/Fellow Appointments is the responsibility of the GME Department. No offer of a position should be made without the approval of the GME Department. If the Resident/Fellow Appointment is based on incomplete, inaccurate or fraudulent information submitted by a candidate or Program during the application, selection, or appointment process, the Appointment can be rescinded in accordance with NRMP guidelines. 5.2 Parties The Agreement of Appointment allowing a Resident/Fellow to participate in a GME Program is between CMH and the individual Resident/Fellow (through the GME Department). Programs will not go into an Agreement of Appointment with a candidate for professional or educational services independently from the CMH GME Department. 5.3 Term 7 Unless modified by the Program and approved by the GME Department, the Agreement of Appointment term is one year, commencing on July 1st and ending on June 30th of the next year, and can be repeated yearly for the length of the training Program. The Agreement of Appointment does not constitute or imply a benefit, promise, option, or other commitment by the Hospital to offer a subsequent Agreement of Appointment, or otherwise renew or extend the Agreement of Appointment of the Resident/Fellow beyond the termination date of an existing Agreement of Appointment. The decision to offer a subsequent Agreement of Appointment to a Resident/Fellow does not imply a duty or obligation to simultaneously promote the Resident/Fellow to the next training level in the Program. Residents/Fellows subject to corrective actions or pursuing appeal and hearing of a proposed corrective action will not be offered a subsequent Appointment unless and until the corrective actions are completed or the appeal and hearing process produces a finding for the Resident/Fellow. 5.4 Appointment Level The Agreement of Appointment shall specify the Resident’s/Fellow’s training level of appointment by both the postgraduate year level (PGY) and the Program training level. 5.5 Stipend (Salary) 8 6 ACGME Institutional Requirements, II.D. ACGME Institutional Requirements, II.D.4.b) 8 ACGME Institutional Requirements, II.D.4.c) 7 Page 10 of 49 Last Updated: 7/1/2013 All Residents/Fellows in CMH Programs receive stipends (salaries) as prescribed in the Resident/Fellow Agreement of Appointment. The base stipend (salary) is determined yearly by the Resident’s/Fellow’s PGY level and is set during the annual budgetary process. The yearly stipends (salaries) are published and can be found on the GME Website. The stipends (salaries) will be taxable to the Resident/Fellow. 5.6 Benefits All Residents/Fellows employed by CMH have benefits as outlined in Section 7 (Benefits) of this manual. 5.7 Modification and Amendment All modifications and amendments to an Agreement of Appointment will be in writing, attached as addenda to the Agreement of Appointment, and referred to in the body of the Agreement of Appointment. 5.8 9 Nonrenewal In instances where a Resident’s/Fellow’s Agreement of Appointment is not going to be renewed, CMH will ensure that its programs provide the Resident(s)/Fellow(s) with a written notice of intent not to renew the Agreement no later than four months prior to the end of the Resident’s/Fellow’s current Agreement of Appointment. However, if the primary reason(s) for the nonrenewal occurs within the four months prior to the end of the Agreement of Appointment, CMH will ensure that its programs provide the Residents/Fellows with as much written notice of the intent not to renew as the circumstances will reasonably allow, prior to the end of the Agreement of Appointment. 5.9 Restrictive Covenants Programs cannot make or enforce any covenants intended to restrict the choice of practice location, practice structure, or the professional activity of individuals who have completed their post-graduate medical education programs through the Agreement of Appointment. Any attempt to make or enforce such covenants will be grounds for sanction of the program. 5.10 Severance by the Resident/Fellow The Resident/Fellow may sever his/her Appointment at any time after notice to the PD and Chair or Vice Chair of GME, unless such notice is waived by the Sponsoring Institution. The Resident/Fellow will provide at least 60 days written notice of severance to the PD and the GME Department. 5.11 Decision by the Sponsoring Institution not to Offer Subsequent Appointment The treatment of the Resident/Fellow in the event of a decision to not offer a subsequent Appointment will be in compliance with the applicable personnel policies of the Sponsoring Institution, state and federal laws and regulations, and ACGME requirements. Considerations that may cause the Sponsoring Institution or Hospital not to offer a subsequent Agreement of Appointment include, but are not limited to, loss of funding for the position, reallocation of positions among the postgraduate Programs, loss of accreditation by the Program or Institution, decreased financial resources, or closure of the Program or Hospital. Such decisions, based solely on institutional factors, will be final and not subject to appeal or review under the provisions for due process and fair hearing. Further, such decision will not be grievable. In instances where an Agreement of Appointment is not going to be renewed, the Resident/Fellow will be provided notice of intent not to renew the Agreement of Appointment no later than 90 days prior to the end of the current Agreement of Appointment. However, if the primary reason for the nonrenewal occurs within the 90 days prior to the end of the Agreement 9 ACGME Institutional Requirements, II.D.4.d).(1) Page 11 of 49 Last Updated: 7/1/2013 of Appointment, the Hospital or Sponsoring Institution will ensure that the Resident/Fellow receives as much written notice of the intent not to renew as the circumstances will reasonably allow, prior to the end of the Agreement of Appointment. In the event of nonrenewal, the Resident/Fellow shall have the right to due process as described in Section 21.8 (Due Process) of this manual. 5.12 Closure of a Program 10 In the event that a Program or Sponsoring Institution is closing, de-accredited, or discontinued for any reason, through actions by the accrediting bodies, the GMEC, DIO and Residents/Fellows will receive written notification. The Sponsoring Institution will: a. b. c. 5.13 allow Residents/Fellows already in the program(s) to complete their education or assist the Residents/Fellows in enrolling in an ACGME-accredited program(s) in which they can continue their education; provide stipend (salary) and benefits up until the conclusion of the term of the existing Agreement of Appointment; and provide appropriate notification to licensure and specialty boards. Annulment A Resident's/Fellow’s Appointment will be annulled and terminated automatically and immediately upon the rejection of the application for Missouri medical licensure or the suspension or termination of the Resident’s/Fellow’s temporary or permanent license(s) in any jurisdiction; or if the Resident/Fellow fails to provide valid documentation to process them through Human Resources (e.g. valid social security number, valid identification, valid driver’s license) The Resident/Fellow must report such rejection, suspension, or termination immediately to the PD and the GME Department. If, after a previous rejection, suspension or termination, the Resident/Fellow succeeds in obtaining a valid Missouri license, or if the suspended or terminated license is reinstated, the Resident/Fellow may again seek appointment. An Appointment will also be immediately annulled if: a. b. c. 5.14 the Resident/Fellow is a foreign citizen whose Visa is revoked; the Resident/Fellow fails to provide valid credentials, including but not limited to diplomas, certificates of prior training, valid ECFMG certificate or copies of medical licenses; or the application or any documents submitted to the Hospital or any accrediting, certifying, or licensing agencies in the process of seeking an Appointment or license contains inaccurate, incomplete, or fraudulent information. Transfers 11 Programs can accept Residents/Fellows transferring from another Program. Before a Program can accept a transfer, the PD must obtain written or electronic verification of previous educational experiences and a summative competency-based performance evaluation of the transferring Resident/Fellow. PD’s must also provide timely verification of residency/fellowship education and summative performance evaluations for Residents/Fellows who leave a Program prior to completion. 6. RIGHTS AND RESPONSIBILITIES12 The existence of a valid Agreement of Appointment between a Resident/Fellow and CMH establishes a series of explicit and implicit expectations, rights, obligations and responsibilities beyond those codified in the Agreement of Appointment. 10 ACGME Institutional Requirements, II.D.5. ACGME Common Program Requirements III.C. 12 ACGME Institutional Requirements, II.D.4.a) 11 Page 12 of 49 Last Updated: 7/1/2013 Although the Residents/Fellows are licensed to practice medicine in the State of Missouri and Kansas if applicable, their participation in clinical activities during their GME training is at the discretion of the Hospital, and the PDs. The participation of the Residents/Fellows in patient care must in no way interfere with the best interests and well-being of patients and is subject to these policies and procedures and to the terms and conditions set forth in the Agreement of Appointment. Residents/Fellows who do not comply with these policies and procedures or who violate the Agreement of Appointment may be subject to corrective action, suspension and termination as outlined in Section 20 (Promotion and Program Completion) of this manual. 6.1 The Resident/Fellow will: a. b. c. adhere to the policies and procedures for GME; adhere to the corresponding policies and procedures of all training facilities; adhere to the applicable federal, state, and local laws, as well as to the standards required to maintain accreditation by the Joint Commission (JC), ACGME, and any other relevant accrediting, certifying, or licensing organizations; d. participate fully in the educational and scholarly activities of the program, including the performance of scholarly and research activities as assigned or as necessary for the completion of educational requirements, meet educational conference attendance requirements, assume responsibility for teaching and supervising other Residents/Fellows and students, and participate in assigned Hospital committee activities; e. provide safe, effective, timely, efficient, equitable, and compassionate patient-centered care; f. adhere to the highest standards of professionalism at CMH and other training facilities; g. provide clinical services commensurate with his/her level of training, under appropriate supervision by the faculty medical staff, and at sites specifically approved by the Program; h. develop and follow a personal program of self-study and professional growth under the guidance of the PD and teaching faculty; i. acquire an understanding of ethical, socioeconomic, and medical/legal issues that affect the practice of medicine and GME training as prescribed by the appropriate ACGME or other accrediting body; j. fully cooperate with the Program and Sponsoring Institution in coordinating and completing ACGME accreditation submissions and activities, including: i. the timely completion of patient medical records, reports, duty hour logs, operative and procedure logs at CMH and training facilities; and ii. submission of timely and complete faculty and Program evaluations, and/or other documentation required by the ACGME, Sponsoring Institution, Department, and/or Program; k. acquire and maintain life support certification(s) as required by the Program and Hospital; l. adhere to the Hospital’s Risk Management Program; m. report immediately to the CMH Legal Affairs & Risk Management Department any inquiry by any private or government attorney or investigator and refrain from communicating with any inquiring attorneys or investigators except merely to refer such attorneys and investigators to the Legal Affairs & Risk Management Department; n. report and refer any inquiry by any member of the press to the Hospital’s Department of Community Relations; o. abide by the Hospital’s institutional policies prohibiting discrimination and sexual harassment; p. meet CMH’s and the State's standards for immunizations; q. return, at the time of the expiration or in the event of termination of the Agreement of Appointment, all Hospital and department property, including but not limited to books, equipment, badges, pagers, and complete all medical charts and Program evaluations; r. settle all professional and financial obligations; and permit the Hospital to obtain from and provide to all proper parties any and all information as required or authorized by law or by any accreditating body. Progress reports, letters and evaluations will be provided only to individuals, organizations and credentialing bodies that are authorized by the Resident/Fellow to receive them for purposes of pre-employment or pre-appointment assessments. This provision will extend the completion, termination or expiration of the Appointment; s. In those instances where a Resident/Fellow feels that a faculty physician’s practices or judgments are impaired or are otherwise not in the best interests of a patient, the Resident/Fellow must report her/his concerns to the PD, Vice Chair of GME, Chair of GME and/or Division Director; t. participate in the CMH Quality and Safety Program; u. abide by the Hospital’s Levels of Supervision as outlined in Section 6.4 (Levels of Supervision) of this manual; and v. abide by the Programs policy on transitions of care; Page 13 of 49 Last Updated: 7/1/2013 w. in the event of manmade, environmental, or other disasters, Residents/Fellows (classified as essential staff) are required to report to the hospital and provide help as determined by the hospital administration. The PD will provide the needed guidance to the Resident/Fellow during such emergencies. 6.2 The Hospital will: a. provide a stipend (salary) and benefits to the Resident/Fellow as stipulated in the applicable Agreement of Appointment; b. provide an educational training Program that meets the ACGME's accreditation standards or applicable accrediting body; c. use its best efforts, within the limits of available resources, to provide the Resident/Fellow with adequate and appropriate support staff and facilities in accordance with federal, state, local, and ACGME requirements; d. orient the Resident/Fellow to the facilities, rules, regulations, procedures and policies of the Hospital, Department and Program and to the ACGME’s Institutional and Program Requirements; e. provide the Resident/Fellow with appropriate faculty classification of supervision for all educational and clinical activities; f. allow the Resident/Fellow to participate fully in the educational and scholarly activities of the Program and Hospital and in any appropriate institutional medical staff activities, councils and committees, particularly those that affect GME and the role of the Resident/Fellow in patient care; g. clearly communicate to the Resident/Fellow any expectations, instructions and directions regarding patient management; h. maintain an environment conducive to the health and well being of the Resident/Fellow; i. provide adequate food service while on in-house-call or otherwise engaged in clinical activities requiring the Resident/Fellow to remain in the Hospital overnight; j. provide adequate sleeping quarters to the Resident/Fellow while on in-house overnight call; k. provide personal protective equipment; l. provide patient and information support services; m. provide security; n. evaluate the educational and professional progress and achievement of the Resident/Fellow on a regular and periodic basis; o. provide a fair and consistent method for review of concerns and/or grievances, without the fear of reprisal; p. provide, upon satisfactory completion of the Program, a Certificate of Completion; and q. incorporate and monitor the Residents/Fellows participation in the CMH Quality and Safety Programs. 13 6.3 The Program Director will : a. b. c. d. e. f. g. h. i. j. 13 administer and maintain an educational environment conducive to educating the Residents/Fellows in each of the ACGME competency areas; oversee and ensure the quality of didactic and clinical education in all sites that participate in the program; approve a site director at each participating site who is accountable for Resident/Fellow education; approve the selection of Program faculty as appropriate; evaluate Program faculty and approve the continued participation of Program faculty based on evaluation; monitor Resident/Fellow supervision at all participating sites using the classifications of supervision outlined in Section 6.4 (Levels of Supervision) of this manual. prepare and submit all information required and requested by the ACGME, including but not limited to the program information forms and annual program resident updates to the Accreditation Data System (ADS), and ensure that the information submitted is accurate and complete; provide each Resident/Fellow with documented semi-annual evaluation of performance with feedback; ensure compliance with grievance and due process procedures as set forth in the Institutional Requirements and referenced in Sections 21.8 (Due Process) and 22 (Grievances) of this manual; provide verification of residency/fellowship education for all Residents/Fellows, including those who leave the program prior to completion; ACGME Common Program Requirements, II.A.4. Page 14 of 49 Last Updated: 7/1/2013 k. implement policies and procedures consistent with the Institutional and Program requirements for Resident/Fellow duty hours and the working environment, including moonlighting, and, to that end, distribute these policies and procedures to the Residents/Fellows and faculty; l. monitor Resident/Fellow duty hours, according to Sponsoring Institution policies, with a frequency sufficient to ensure compliance with ACGME requirements; m. adjust schedules as necessary to mitigate excessive service demands and/or fatigue; and, if applicable, monitor the demands of at-home call and adjust schedules as necessary to mitigate excessive service demands and/or fatigue; n. monitor the need for and ensure the provision of back up support systems when patient care responsibilities are unusually difficult or prolonged; o. comply with the Sponsoring Institution’s written policies and procedures, including those specified in the Institutional Requirements, for selection, evaluation and promotion of residents, corrective action, and supervision of residents; p. be familiar with and comply with ACGME and Review Committee policies and procedures as outlined in the ACGME Manual of Policies and Procedures; q. obtain review and approval of the Sponsoring Institution’s GMEC/DIO before submitting to the ACGME information or requests for the following: i. all applications for ACGME accreditation of new programs; ii. changes in Resident/Fellow complement; iii. major changes in program structure or length of training; iv. progress reports requested by the Review Committee; v. responses to all proposed adverse actions; vi. requests for increases or any change to Resident/Fellow duty hours; vii. voluntary withdrawals of ACGME-accredited programs; viii. requests for appeal of an adverse action; ix. appeal presentations to a Board of Appeal or the ACGME; and x. proposals to ACGME for approval of innovative educational approaches. r. obtain DIO review and co-signature on all program information forms, as well as any correspondence or document submitted to the ACGME that addresses: i. program citations; and/or ii. request for changes in the program that would have significant impact, including financial, on the program or institution. 6.4 Levels of Supervision 14 To ensure oversight of Resident/Fellow supervision and graded authority and responsibility, the Program will use the following classification of supervision: a. Direct supervision - the supervising physician is physically present with the Resident/Fellow and patient. b. Indirect supervision - with direct supervision available, the supervising physician is physically within the hospital or other site of patient care, and is immediately available to provide direct supervision or the supervising physician is not physically present within the hospital or the site of patient care, but is immediately available by means of telephonic and/or electronic modalities, and is available to provide direct supervision. c. Oversight - the supervising physician is available to provide review of procedures/encounters with feedback provided after care is delivered. 6.5 Transitions of Care 15 Clinical assignments are designed to minimize the number of transitions in patient care. The Sponsoring Institution, CMH and each Program will monitor effective, structured hand-over processes to facilitate both continuity of care and patient safety. Programs will ensure that Residents/Fellows are competent in communicating with team members in the handover process. CMH will ensure the availability of schedules that inform all members of the health care team of faculty and Residents/Fellows currently responsible for each patient’s care. 6.6 Records Management 14 15 ACGME Common Program Requirements, VI.D.3. ACGME Common Program Requirements, VI.B. Page 15 of 49 Last Updated: 7/1/2013 Resident/Fellow files serve as both records of employment and academic program records. They are the primary source used for verification of training throughout the career of most physicians. As such, it is necessary that they are accurate and contain all information needed for licensure and medical privileges applications. The files also serve as a record of a Resident’s/Fellow’s performance and competency. In order to ensure that all Residents/Fellows trained at CMH have training records that support their future needs, a uniform policy of minimal standards for records management is implemented. This policy recognizes four categories of Resident/Fellow: a. Residents/Fellows who are accepted into and complete their program; b. Residents/Fellows who are accepted into but do not complete their program; c. Individuals that apply and are interviewed for the program but do not enroll in the program; d. Individuals that apply for the program but are not interviewed for a program position. Program Applicants: It is important that an accurate description of the applicant pool is maintained for a minimum of three years. This can be most effectively accomplished by maintaining each application (either electronically or in hard copy). The application includes the standard application form plus all supporting documents (personal statement, exam scores, letters of recommendation). A Resident/Fellow Selection Policy outlining the criteria used to select Residents/Fellows for the training program is acceptable. Interviewed Applicants: All records pertaining to interviewed applicants must be maintained for a minimum of three years. In addition to the full application and supporting documents, this would typically include interview evaluation forms used by the program to obtain feedback from program faculty and Residents/Fellows about each applicant. Program Resident/Fellow: Resident/Fellow files are kept in three categories: a. employment and immigration records maintained by CMH Human Resources; b. contract, credentialing, and academic records maintained by GME; and c. health records maintained by Occupational Health GME will be responsible for maintaining records related to Resident/Fellow academic program participation, completion, and medical/dental/optometry licensure. The required elements of the GME Resident/Fellow file should include: a. b. c. d. e. f. g. h. i. j. k. l. m. n. agreement of appointment; state medical/dental license; BNDD/DEA Certification; ECFMG certificate (for graduates of foreign medical schools); completion/Certificate of Completion; consent for release of information; written performance evaluations from faculty and others; semi-annual summary evaluations from the PD or selected faculty; record of the resident’s/fellow’s rotations and other training experiences; record of surgical and procedural training; corrective action; moonlighting approval form (for applicable residents); documentation of prior training and performance evaluation (for transferring residents); and any other information specifically required by the training program accrediting body. GME files will be kept electronically and will be available for the Resident/Fellow to review. Resident/Fellow should give GME 48 hours to retrieve the documents. 6.7 Needle Stick Residents/Fellows exposed to a needle stick need to report to Occupational Health immediately or page the CMH Occupational Health Nurse Supervisor. If the needle stick occurs at a participating site other than CMH, the Resident/Fellow will follow the policy at that facility and report to CMH Occupational Health the following day. Page 16 of 49 Last Updated: 7/1/2013 6.8 Guidelines on Industry Gifts 16 Residents/Fellows will observe AMA Guidelines on Industry Gifts. a. Unacceptable Gifts: Cash; Subsidies for travel, lodging or personal expenses, or in compensation of time spent for physician attending conferences/meetings; Payment for token focus groups, consulting or advisory services; or Gifts with “strings attached,” such as those given in relation to a physician’s prescribing practices. b. Acceptable Gifts: Textbooks and other educational gifts not of substantial value; Work-related gifts of minimal value; pens, note pads and penlights; Subsidies to underwrite the costs of continuing medical education conferences or professional meetings; Scholarships for medical students and Residents/Fellows to attend educational conferences, if selection and payment is made by the academic institution; Reasonable compensation and reimbursement of expenses sustained by consultants; and modest meals, in conjunction with educational programs. 7. BENEFITS 7.1 Health Care Plans The Resident/Fellow is eligible to participate in the following “Take Care” benefits plans at CMH’s expense. Coverage is effective the first day of their Program. Residents/Fellows are required to enroll/re-enroll in Health Care benefits on an annual basis. To maintain enrollment in the Enhanced or Premium Medical Plans you must complete the Health Basics Check and Health Risk Assessment on an annual basis. a. b. c. d. e. f. 17 Medical Coverage - CMH provides three account-based medical plan options, which provide comprehensive coverage designed to promote your wellness. Prescription Drug Coverage - CMH provides comprehensive prescription drug coverage when enrolled in a medical plan. You must enroll in a medical plan to have prescription drug coverage. Vision Coverage - CMH provides basic vision coverage when enrolled in a medical plan. Coverage for frames, lenses and contacts is available at the Resident’s/Fellow’s expense. Dental Coverage - CMH offers three dental plan choices, which differ in the services they cover. All three plans provide coverage for preventative and basic services. Major services, including crowns/bridges/dentures, are covered in two of the plans and orthodontia is only covered in one of the plans. Flexible Spending Accounts (FSAs) - CMH offers two FSA plans, including the Health Care FSA and the Dependent Care FSA. FSAs enhance financial wellness by saving you money; allowing you to set aside money from your paycheck pretax to pay for eligible health or dependent care expenses. The Health Care FSA reimburses for eligible out-of-pocket health care expenses not covered by the health plans. The Dependent FSA reimburses for eligible dependent care expenses. 18 Employee Assistance Program (EAP) - Residents/Fellows who are employed by CMH may use the ComPsych® EAP for confidential assessment, short term counseling and referrals on a variety of topics. Residents/Fellows are encouraged to first speak with their PD, APD, Vice Chair or Chair of GME before using the EAP. i. Services are available to all employees and their family members, whether enrolled in a medical plan or not. ii. There is no cost for short-term counseling with ComPsych®. Employees are responsible for costs not covered by medical coverage when an outside referral is recommended by a ComPsych® counselor. iii. Services are available for: Confidential Counseling - This no-cost counseling service helps you address stress, relationship and other personal issues you and your family may face. It is staffed by GuidanceConsultants(SM) - highly trained master’s and doctoral level clinicians who will listen to your concerns and quickly refer you to in-person counseling and other resources for: o Stress, anxiety and depression o Job pressures 16 www.ama-assn.org ACGME Institutional Requirements, II.D.4.g) 18 ACGME Institutional Requirements, II.D.4.k) 17 Page 17 of 49 Last Updated: 7/1/2013 o Relationship/marital conflicts o Grief and loss o Problems with children o Substance abuse Financial Information and Resources - Speak by phone with our Certified Public Accountants and Certified Financial Planners on a wide range of financial issues, including: o Getting out of debt o Retirement planning o Credit card or loan problems o Estate planning o Tax questions o Saving for college Legal Support and Resources o Divorce and family law o Real estate transactions o Debt and bankruptcy o Civil and criminal actions o Landlord/tenant issues o Contracts Work-Life Solutions o Child and elder care o College planning o Moving and relocation o Pet care o Making major purchases o Home repair GuidanceResources® Online iv. 7.2 Income Protection & Security a. b. c. d. 19 20 For additional information about the program, contact CMH Human Resources at (816)234-3109. Call ComPsych® at 888-737-6797 (TDD: 800-697-0353) or visit guidanceresources.com using our company Web ID: CMH Basic Life and Accidental Death and Dismemberment (AD&D) Coverage - CMH provides basic life and accidental death and dismemberment (AD&D) insurance at no cost to Residents/Fellows. Basic life insurance coverage equals one times your annual pay rate, rounded up to the nearest $1,000, to a maximum of $500,000. Basic AD&D coverage matches your basic life insurance benefit, up to a maximum of $100,000. Supplemental Life and Accidental Death and Dismemberment (AD&D) Coverage - CMH provides optional coverage to Residents/Fellows. Coverage equal to 1, 2, 3, 4, or 5 times your annual pay rate is available, up to a maximum of $1 million. This request may require evidence of insurability to document proof of good health. Supplemental AD&D coverage matches your supplemental life insurance benefit, up to a maximum of $100,000. 19 Long-Term Disability Coverage - CMH provides long-term disability coverage at no cost to Residents/Fellows. This benefit pays 60% of your pay rate, up to $15,000 a month, if you are disabled and unable to perform the essential duties of your job because of accidental bodily injury, sickness, mental illness, substance abuse or pregnancy. Coverage is effective following a 90-day waiting period and ends when you are medically able to return to work. 20 Short-Term Disability Coverage - CMH provides this optional coverage to Residents/Fellows at their expense. Residents/Fellows are encouraged to sign up for this benefit. This benefit pays 60% of your pay rate from the 15th to the 90th day of your disability, or until you are released to work, whichever is earlier. The plan may “fill the gap” until long-term disability coverage is effective. ACGME Institutional Requirements, II.D.4.g) ACGME Institutional Requirements, II.D.4.g) Page 18 of 49 Last Updated: 7/1/2013 e. f. 7.3 Critical Illness Coverage - CMH provides this optional coverage to Residents/Fellows who sign up for such. This benefit pays a one-time tax-free payment upon diagnosis of a coverage critical illness or condition, e.g., heart attack, stroke, and transplants. Long-Term Care Coverage - CMH provides this optional coverage to Residents/Fellows who sign up. This benefit covers services for individuals with chronic illnesses or injuries who are unable to care for themselves over relatively long periods of time, including home-health, assisted living or nursing home care. Take CARE Wellness Programs CMH provides employees with a variety of wellness tools, including: access to a personal Health Coach who will work with you to design a program to get you on the road to wellness; year-round programs on a variety of topics, including smoking cessation, weight loss and more; a wellness newsletter to make you aware of upcoming wellness-related opportunities; and online wellness tools and information, including recipes, exercise programs, articles, a health risk assessment and more. 7.4 Retirement Plan and Tax-Deferred Annuity (TDA) Plan The CMH retirement plan is a money purchase pension plan. When eligible Residents/Fellows are automatically entered into the retirement plan, it is effective the 1st of the month following two years of service. Children’s Mercy’s makes contributions based on your age plus years of service: If your age plus years of service is: Children’s Mercy’s contributes: <50 3.0% 50 – 59 3.5% 60 – 69 4.5% >70 6.0% All the money is tax-deferred and Residents/Fellows have the choice of investment options with TIAA-CREF. CMH also provides employees with a 403(b) or tax-deferred annuity (TDA) plan. TDA plans allow you to save for retirement by making pre-tax contributions to tax-deferred annuities beginning the first of the month following your date of hire. Employees who have two or more years of service and who make contributions to a TDA plan will receive a matching contribution of up to 3 percent. To receive the full 3 percent match, you must make a 6 percent or greater contribution to your TDA. 7.5 Time off Plans While Residents/Fellows have several options to have time off away from work, taking time away from your training can extend the length of your program. Please check with your PC.. a. b. c. Vacation - The Resident/Fellow is eligible for up to 20 days of paid vacation, exclusive of Saturdays, Sundays and holidays annually. Vacation may be taken during approved rotations/educational units, and must be approved in advance by the PD or his/her designee. Vacation also may be used concurrently with an approved leave of absence. Vacation may not be carried over from Agreement of Appointment year to the next and no payment will be made for unused vacation at the termination of the Appointment. Paid Sick Time/Extended Illness Time (EIT) - The Resident/Fellow will accrue one day of paid time off for illness after each full month of service. If the Resident/Fellow has no accrued paid time off for illness, time off for illness will be without pay, unless the Resident/Fellow uses available vacation days or the Resident/Fellow qualifies for worker’s compensation or long-term disability insurance. Accrued paid time off for illness may be used concurrently with an approved leave of absence due to illness of self or family members. Accrued paid time off for illness may be carried over from one Agreement of Appointment year to the next. Residents/Fellows are limited to a maximum EIT balance of 60 days. No payment will be made for unused accrued paid time off for illness at termination of the Appointment. Family Illness Paid Time (FIP) - The Resident/Fellow will have 10 days during their program for time off to care for an immediate family member with a serious medical condition. FIP may also be used if you are the spouse or domestic partner of a primary caregiver after the birth or adoption of a child. Anticipated leaves must be scheduled with the approval of the PD. In these situations FIP must be used in the period immediately following the birth of the child or placement of the adopted child in your home. Residents/Fellows must first utilize 2 workdays of vacation to replace scheduled work hours before using FIP. FIP may be taken all at once, intermittently, or on a reduced work schedule. Page 19 of 49 Last Updated: 7/1/2013 d. e. f. g. h. i. j. 21 Bereavement Leave - Residents/Fellows are allowed five (5) days per year to attend funeral services of an immediate family member (spouse, domestic partner, children, or parent). If the death involves an immediate family member and the Resident/Fellow will require more time off, the Resident/Fellow should contact the PD as soon as feasible. Extended time off may be taken as a leave of absence. Residents/Fellows also are allowed three (3) days per year to attend funeral services for a sibling, grandparent, in-laws, or any person living in the Residents/Fellows household at the time of death. Bereavement days do not count as vacation or sick days. The Resident/Fellow should notify the PD as soon as possible so service coverage can be addressed. 21 Leave of Absence (LOA) - Residents/Fellows are eligible for an LOA after 90 calendar days of employment. i. These leaves of absence are not eligible under the Family and Medical Leave Act (FMLA) and are granted on a case-by-case basis by the PD and are normally unpaid. o The ability to use vacation and/or EIT time will be decided by the PD. The decision will be based on the underlying need for the leave. o Reasons for which an LOA may be granted include: the birth of a child or placement of a child by adoption or foster care; the serious health condition of a Resident/Fellow; the serious health condition of a Resident’s/Fellow’s family member; and other circumstances. The Resident/Fellow may be required to make up all rotation/educational units missed. o The Resident/Fellow may be terminated from the Program if the length of the LOA extends beyond six (6) months. o If the Resident/Fellow is terminated due to an extended leave, he/she may reapply to the Program. ii. Residents/Fellows are eligible for an LOA which may qualify for the benefits of FMLA, including up to 12 weeks of job protected leave, after one year of employment. o A serious health condition, birth of a child, placement of a child for adoption or foster care in home, care of an immediate family member with a serious injury or illness, exigency related to an immediate family member’s active duty or call or order to active duty in the Armed Forces. Personal Leave - Residents/Fellows unable to work due to a personal situation may request a personal LOA only after 90 days of employment. Personal LOA is available for personal reasons not covered elsewhere in the LOA policy. This leave must be taken on a continuous basis, for a minimum of two weeks. Residents/Fellows may be asked to make up the time missed from being on a personal LOA. Jury Duty - Residents/Fellows are eligible for jury duty pay less jury service payment when summoned to appear for jury duty and, therefore, not able to work. Election Day - Residents/Fellows are eligible to be off for three consecutive hours in Missouri to vote or two consecutive hours in Kansas to vote. Residents/Fellows must request the time off prior to the day of the election. Military Leave i. A Resident/Fellow who enlists or is drafted into the Armed Forces of the United States, including reservists and members of the National Guard who are activated to military duty, other than active duty for training purposes, shall be granted military leave without pay. ii. A Resident/Fellow who is a member of the State Guard or National Guard or the Reserves of the United States Armed Forces shall be granted 2 weeks time off per calendar year of military leave with pay for active duty for training purposes. Any active duty for training purposes in excess of 2 weeks in a calendar year shall be charged to military leave without pay, or at request, to vacation. iii. A Resident/Fellow who is a member of the State Guard or National Guard shall be granted military leave with pay for the duration of any official call to state emergency duty. iv. EIT shall not be earned or accrued during a period of military leave without pay. v. When a Resident/Fellow is called for duty, the Resident/Fellow shall be permitted to return to the Program in a similar position with status and pay like that which the Resident/Fellow occupied at the time of the beginning of the military leave. vi. The time away for military leave does not count toward the Resident’s/Fellow’s time in the Program. vii. The Resident/Fellow should contact the PD within 30 days of the release from duty. The Resident/Fellow and the PD should agree on the date of the next regular working period that will be required to work; provided that such date is no later than ninety (90) days following the Resident’s/Fellow’s release from duty. Professional Leave - The Hospital will consider paid professional leave for all Residents/Fellows at the discretion of the PD for the following reasons: i. while in the due process phase of a hearing that has resulted in probation, suspension or termination; ACGME Institutional Requirements, II.D.4.h) Page 20 of 49 Last Updated: 7/1/2013 k. 7.6 ii. scholarly presentations at national or regional conferences; iii. professional conference attendance; iv. taking medical board examinations; or v. interviews for fellowship or faculty positions. Time off may also impact a Resident/Fellows eligibility for board certification. Standards for eligibility for specialty board certification are developed by the individual specialty board (as recognized by the ABMS). Current policies for selected specialty boards: 22 i. Allergy and Immunology : Absences (including vacation and sick leave) in excess of two months over the 24 months of the training program should be made up. Exceptions may be considered, if supported by the PD. 23 ii. Child Neurology and Clinical Neurophysiology : Vacation and sick leave in excess of allotted leave will need to be made up. Vacation and leave time may not be utilized to reduce amount of required training or to make up deficiencies in training. 24 iii. Pediatric Clinical Pharmacology : The Resident/Fellow must show completion of two-years of post-doctoral fellowship training in clinical pharmacology. iv. Pediatric Dentistry: The duration of the training program in Pediatric Dentistry is 24 months. Therefore absences in excess of those available and approved through the program (including vacation, sick leave, family illness paid time) should be made up or could extend training. Arrangements should be made with approval of the Program Director in consultation with the Department Chair. Any additional leave in excess of 6 weeks taken over the 24 months of the training program must be made up. Exceptions may be considered, if supported by the Program Director and/or Department Chair. 25 v. Pediatric Dermatology : It is necessary that 11 months of training are completed in order to qualify for subspecialty certification. Thus, without exception, any absence (inclusive of vacation) resulting in less than 11 months of training during a 12-month Program will require an additional period of training to achieve 11 total months. 26 vi. Pediatric Pathology : The Resident/Fellow must document an average of 48 weeks per year of full time pathology training over the course of the training program. 27 vii. Pediatrics and subspecialties : One month of absence is allowed each year for leave (vacation, sick, parental leave). Absences beyond this should be made up by additional time of training. The PD may petition the American Board of Pediatrics for exceptions to this policy. 28 viii. Pediatric Rehabilitation Medicine : A Resident/Fellow must not be absent from the training Program for more than six weeks (30 working days) annually. Regardless of institutional policies regarding absences, any leave time beyond six weeks would need to be made up by arrangement with the PD. “Leave time” is defined as sick leave, vacation, maternity/paternity leave, or leave for locum tenens. A Resident/Fellow may not accumulate leave time or vacation to reduce the overall duration of training. 29 ix. Pediatric Radiology : Leaves of absence and vacation may be granted to Residents/Fellows at the discretion of the PD in accordance with local rules. Within the required training period, the total leave and vacation time may not exceed six calendar weeks (30 working days) for Residents/Fellows in the Program for one year. 30 x. Pediatric Surgery and Surgical Critical Care : Residents/Fellows must have no fewer than 48 weeks of satisfactorily completed fulltime surgical/surgical critical care experience in each year of training. Other Benefits The intent of these additional benefits is to enhance the educational experience. 22 www.abai.org www.abpn.com 24 www.abcp.net 25 www.abderm.org 26 www.abpath.org 27 www.abms.org 28 www.abpmr.org 29 www.theabr.org 30 www.absurgery.org 23 Page 21 of 49 Last Updated: 7/1/2013 a. b. c. d. e. f. g. Professional Organizations - The Residents/Fellows are provided each year with one membership. For Pediatric Residents the membership will be to the American Academy of Pediatrics. Memberships for Fellows will be determined by the respective PD. GME will provide all trainees with the required licenses needed to fulfill their training program. Educational Stipend/Book Money - Residents/Fellows are provided educational funds to use towards books and other educational materials. PGY 1 receives $500; PGY 2 receives $1,000; PGY 3 - 6 receives $1,500; and PGY 7 and above will receive $2,250 per Agreement of Appointment year. These funds are non transferable and do not roll over from Agreement year to the next. i. Residents/Fellows CAN use Educational Stipend/Book money for: o medical/educational books/educational software o board review and journal subscriptions o additional professional memberships o expenses for out of state rotation/educational units o medical equipment o scrubs and lab coats or Children’s Mercy approved apparel up to $150 per year o iPad case and keyboard up to $150 per program o board review course fees and approved travel expenses not covered by Section 7.6 d. o approved travel expenses related to attending professional conference not covered by Section 7.5 c. ii. Residents/Fellows CANNOT use Educational Stipend/Book money for anything that cannot be justified as related to your training. It CANNOT be used for licensing or DEA expenses related to moonlighting or any other expenses related to future employment (eg. Interviews). The Vice Chair of GME makes the final decision on whether an expense will be supported by the Hospital. If an expense is not on the list above, please check in advance. iii. Residents/Fellows who want to utilize educational stipend/book money must complete the Educational Expense Request Form, obtain PD signature, and return it to their respective PC. The Resident/Fellow will receive an e-mail when their order is ready to be picked up. If the Resident/Fellow is requesting to utilize stipend money for professional travel to a conference, travel with their PD must be approved 30 days prior to traveling. Residents/Fellows must be in compliance with medical records, duty hour logs and evaluations before a request will be approved. iv. Anything spent within the last 6 months of the program year is restricted to books, board review or conferences. Professional Development Presentation at National or Regional Conferences i. Residents/Fellows at the PGY 2 level and above who are accepted or invited as the presenting author at a conference are eligible to access up to $2,250 per Agreement of Appointment year in support for travel to be paid for by the Hospital. GME will only pay for one presenting author per poster. ii. Travel must be approved by the PD at least 60 days in advance and reasonable efforts should be made to access external funding (travel grants). iii. The Resident/Fellow must book travel through the CMH travel agency at least 30 days in advance. If the Resident/Fellow will be driving or renting a car, special guidelines and permission are required. iv. Only airline tickets and conference registration are pre-paid. v. Other expenses are reimbursable upon the Residents/Fellows return with submission of proper documentation in accordance with CMH Travel Reimbursement Policies. vi. If the cost of travel exceeds $2,250, the Resident/Fellow may access unused educational stipend money, pay out of pocket or ask the division for assistance. vii. If the conference is in an international location, Hawaii or Alaska, preapproval must be obtained from the Executive Medical Director/Executive Vice President. Residents/Fellows may use up to $2,250 for attending formal board review coursework if they have not used the funding above for a presentation at a conference. Board Exam Fees – CMH will contribute $500 for each Resident to register for a specialty board. CMH will pay for one specialty board exam for each Fellow. Fellows must attest to CMH that they have not previously been reimbursed for those expenses. International Elective Rotation/Educational Unit Expenses - Expenses related to a Residents/Fellows international elective rotation/educational unit will be reimbursed up to $1000 after returning from the trip and upon submitting proper documentation and rotation/educational unit experience report. Residents/Fellows who have been approved for an International Elective Rotation/educational unit must complete the Request for Approval of International Travel Page 22 of 49 Last Updated: 7/1/2013 form. More information about International elective rotation/educational units can be found in Section 16 (International Rotation/Educational Unit) of this manual. g. Adoption Assistance - Residents/Fellows are eligible for adoption assistance after 90 days of employment. h. Domestic Partner Benefits - Domestic partners may be included as covered dependents for the following plans: medical, dental, vision and the spouse life insurance programs. i. Auto/Home Insurance – Residents/Fellows have access to MetLife Auto & Home’s group insurance program, which comes with special employee discounts, and the unique benefit of automatic payroll deduction of your premium. j. Back-Up Care Advantage Program – Residents/Fellows can utilize this affordable service that provides backup adult or child care when there is a breakdown in the normal caregiver arrangement. Contact HR at (816)234-3109 for additional questions and to see when this program can be used and what the costs will be. k. Financial Assistance Plan – Residents/Fellows with immediate short-term financial needs are eligible to apply for financial assistance up to $300 after 90 calendar days of employment. l. Care at CMH for Your Children - Residents/Fellows are eligible for discounted inpatient or outpatient services at CMH effective the date of hire. The total bill is discounted by 20 percent. m. On-Site Childcare Center - Hospital Hill Learning Center is available to Residents/Fellows to provide care for children ages 6 weeks to 12 years. Care is available on a first come, first served basis. Costs for this service may be paid pretax via payroll deduction. n. Tuition Assistance - Residents/Fellows are eligible for tuition assistance effective 90 days after employment. The maximum benefit is $3,000 for the 12-month period between July 1 and June 30. Funds may only be used to pay tuition and fees. Residents/Fellows pursuing a Certificate or Masters Degree must contact their PD and the Vice Chair of GME to discuss tuition assistance. 31 o. Professional Liability Insurance - Professional liability insurance is provided through the Hospital’s self-insured trust in the amount of two million dollars ($2,000,000) at the Hospital’s expense, in accordance with the terms of the selfinsured trust. i. All Residents/Fellows are covered providing: o service under direct supervision of a duly appointed member of the medical faculty of CMH. o service under the direct supervision of a physician at an institution that has a formal, written Affiliation Agreement for the Resident’s/Fellow’s services signed by the officers of the department and Program, and approved by legal counsel, the Chair of GME, and the Vice Chair of GME, or designee(s). Ideally, the supervising physician should hold a medical faculty appointment with the Hospital or sponsoring medical school, but this is not an absolute requirement. o service, but with the knowledge of, and under protocols developed and reviewed by the Chairs/Directors of the department and Program. A formal written contract between the facility requesting Resident/Fellow coverage and the department must be in place and approved by legal counsel, the Chair of GME, and the Vice Chair of GME. ii. Coverage will specifically not be extended for: o services under Agreements to which the Program, Department, and/or Hospital are/is not a party; or o moonlighting activities outside of CMH. iii. The Resident/Fellow will cooperate fully in any investigation, discovery, and defense that may arise regarding any claims or other legal actions. The failure to cooperate may result in personal liability. iv. The receipt of any summons, complaint, subpoena, or court paper of any kind relating to activities in connection with this Agreement or the Resident's/Fellow’s activities at the Hospital by the Resident/Fellow, or on his/her behalf by anyone with whom the Resident/Fellow works or resides, will be immediately reported to the Office of Risk Management. Further, the Resident/Fellow will immediately submit the document received to that office. v. The Resident/Fellow will cooperate fully with Hospital Administration, the Office of the Legal Affairs and Risk Management, all attorneys retained by that office and all investigators, committees, and Departments of the Hospital including, but not limited to Quality Assurance, Human Resources, particularly in connection with the following: o evaluation of patient care; o review of an incident or claim; or o preparation for litigation, whether or not the Resident/Fellow is a named party to that litigation. 31 ACGME Institutional Requirements, II.D.4.f) Page 23 of 49 Last Updated: 7/1/2013 m. Worker’s Compensation - If a Resident/Fellow is injured on the job, Worker’s Compensation will pay authorized medical expenses and a portion of lost work time, if claim is determined to be compensable and reported appropriately. n. BLS, PALS, and NRP Certification - Residents/Fellows are expected to hold Basic Life Support (BLS) Certification before commencing training at CMH. Residents/Fellows are provided PALS or NRP training if required by the Program. o. Meal Cards - The Resident/Fellow will be provided meals through the Hospital cafeteria at the Hospital’s expense when on in-house call at night. p. Pagers - Pagers are provided at no cost to Resident/Fellow by the Hospital. q. Parking - The Resident/Fellow will be provided free parking at the Hospital during the term of the Appointment. r. Housing - The Hospital does not provide Resident/Fellow housing. s. White Coats/Scrubs - Residents/Fellows receive a limited number of white coats/scrubs at the beginning of their Programs. t. Moving Allowance - A moving allowance of up to $300 is provided for any Resident/Fellow moving from outside the metropolitan Kansas City area. 8. EQUAL OPPORTUNITY EMPLOYMENT CMH is committed to equal employment opportunity and affirmative action. The Hospital makes employment decisions without regard to an applicant's or employee's race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, veteran or military status, genetic information, or any other legally protected status. The Hospital provides equal employment opportunities in all terms, conditions and privileges of employment, including but not limited to hiring, training, compensation, promotion, transfer, corrective action, demotion, and termination. The Hospital is committed to providing a work environment free from unlawful discrimination, and prohibits unlawful discrimination by any Hospital employee. Further, and in accordance with applicable law, the Hospital takes affirmative action to recruit for employment and for promotion of qualified candidates who are minorities, females, individuals with disabilities, and protected veterans. As part of the Hospital's commitment to equal opportunity employment, the Hospital will provide reasonable accommodations to qualified individuals with disabilities unless doing so would result in an undue hardship. Further, the Hospital will make reasonable accommodations for an individual's religious beliefs unless doing so would result in an undue hardship. Individuals in need of accommodations due to disabilities or religious beliefs are encouraged to discuss their needs with their manager or Human Resources. Any concerns about possible violations of this policy should be raised, and will be addressed, in the manner outlined in the Anti-Discrimination/Anti-Harassment Policy. ANTI-DISCRIMINATION/ANTI-HARASSMENT 32 9. CMH strives to offer an environment free from any type of unlawful discrimination and/or harassment, in any term, condition or privilege of employment on the basis of race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, veteran or military status, genetic information, or any other legally protected status. However, it is the Hospital’s main goal to ensure conduct never rises to the level of “unlawful” behavior. Accordingly, CMH prohibits conduct that is inconsistent with the Hospital’s values, as expressed in this and other policies, even though it may not violate the law. a. 32 Prohibited conduct - It is the Hospital’s policy to prohibit any unwelcome verbal, written or physical conduct that denigrates or shows hostility or aversion toward another because of his/her race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, veteran or military status, genetic information, or any other legally protected status, as well as such conduct toward another because of the legally protected status of one with whom the individual is associated. This prohibition applies to all individuals who work for or are associated with the Hospital, including managers, supervisors, employees, patients, visitors, or vendors. Examples of prohibited conduct include but ACGME Institutional Requirements, II.D.4.m) Page 24 of 49 Last Updated: 7/1/2013 b. c. d. e. f. are not limited to employment decisions made based on an employee’s race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, veteran or military status, genetic information, or any other legally protected status: verbal conduct such as racial epithets, derogatory comments, slurs or unwanted sexual advances, comments, or invitations; physical conduct such as unwanted touching. Complaint Procedure - If you believe you have been the subject of, or have witnessed, prohibited conduct as defined in this policy, you must report the incident immediately to a supervisor or a member of the Employee Relations team, regardless of whether the report is about a manager, co-worker, patient, or other individual. The Hospital encourages prompt reporting of conduct that violates or is believed to violate this policy so that the concerns can be quickly addressed. If you become aware of this type of incident and are in a supervisory position, you are required to report the incident to a member of the Employee Relations Team immediately and in any event no later than 48 hours after becoming aware of the incident. Prohibition against retaliation - The Hospital prohibits retaliation against anyone for reporting discrimination/harassment, assisting in making a discrimination/harassment complaint, or cooperating in a discrimination/harassment investigation. The Hospital also prohibits retaliation against anyone because he/she is closely associated with someone who reported, assisted, or cooperated with a discrimination/harassment complaint or investigation. Any employee who believes he/she has experienced or witnessed retaliation should immediately notify his/her supervisor or a member of the Employee Relations Team. If you become aware of this type of incident and are in a supervisor position, you are required to report the incident to a member of the Employee Relations Team immediately and in any event no later than 48 hours after becoming aware of the situation. False Claim - An individual who knowingly alleges a false claim against another will be subject to the full range of corrective action, up to and including termination. Commitment to investigate - All reports of inappropriate conduct under this policy or the Hospital’s Equal Opportunity Employment policy will be promptly and thoroughly investigated, and the Hospital will act to ensure that any improper conduct ceases immediately and corrective action is taken to prevent a recurrence. Any employee, whether supervisory, non-supervisory, or a member of management, who violates this policy will be subject to the full range of corrective action, up to and including termination of employment. The Hospital will inform a complaining employee of the conclusion of the complaint as appropriate. Any complaint received by the Hospital alleging an employee has harassed a patient, visitor or other third party, will be referred to Employee Relations for an investigation under this policy. Confidentiality - All complaints will be treated confidentially to the extent practicable for an effective resolution. RESIDENTS/FELLOWS WITH DISABILITIES33 10. The Hospital’s administrative policy is to identify the resources and procedural mechanisms within CMH to assure compliance with the Americans with Disabilities Act (ADA) (42 U.S.C. Section 12101-12213). CMH actively supports the intent of the ADA, managers assuming responsibility and accountability for implementation of and compliance with this Act. 10.1 Definitions a. b. c. d. 33 Accessible: anything that is approachable, functional and can be used by people with disabilities, independently, safely and with dignity. Auxiliary aids: devices or services that compensate for a disabling condition. The term includes qualified interpreters or other means of communications (such as telecommunications devices for the deaf – TDDS) for hearing-impaired people; qualified readers, taped tests other devices for sight-impaired people; adaptive equipment and other similar services and actions. Barrier-free environment: containing no obstacles to accessibility and usability by disabled people. The ADA, which emphasizes the concept of accessibility, mandates a barrier-free environment in new construction of public accommodations. Individual with a disability: this term refers to any person who: (1) has a physical or mental impairment that substantially limits one or more life activities (i.e. caring for ones self, performing manual task, walking, seeing, hearing, speaking, breathing, learning and working); (2) has a record of such an impairment that substantially limits one or more major life activities; or (3) is regarded as having such an impairment. ACGME Institutional Requirements, II.D.4.n) Page 25 of 49 Last Updated: 7/1/2013 e. f. g. h. 10.2 Non-discriminations mandated by the ADA. No otherwise qualified disabled individual can, solely by reason of his or her disability, be subjected to discrimination. Covered entities are required under the ADA to ensure nondiscrimination by providing accessibility, equal opportunity and full participation in employment and public facilities and services. Qualified individual with a disability: with respect to employment, a disabled person who, with or without reasonable accommodation, can perform the essential functions of the job in question, and (2) with respect to public services, an individual who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirement for the receipt of services or participation in the program or activity. Reasonable accommodation: the principle by which employment and public accommodations are made accessible to qualified disabled people. Employers are required under the ADA to make certain adjustments to the known physical and mental limitations of otherwise qualified disabled applicants and employees, unless it can be demonstrated that a particular adjustment or alteration (an accommodation) would be unreasonable or impose an undue hardship. For example, an employer might be required to rearrange office furniture to allow for passage of a wheelchair, relocate some offices or classrooms to a ground floor or other accessible location, or relieve a hearing-impaired secretary of phone responsibilities. Undue hardship: the point at which an employer is no longer required to make accommodations in employment under Title I of the ADA since the action involved would require significant difficulty or expense. The factors to be considered are the same determining whether an accommodation is readily achievable (see above). These include, but are not limited to, the nature and cost involved in the accommodation, overall financial resources of the facility or facilities involved, number of people employed at the facility, the type of operation(s) of the employer, including the composition, structure and functions of the workforce. Procedure a. b. Employment Related Matters - TITLE I provides protection against discrimination to people with disabilities in employment-related matters such as job application procedures, hiring, firing, promotions, compensation, training and other conditions, terms, or privileges of employment. i. Resources Available: Resources available to employees and applicants will vary dependent upon the disability and the reasonableness of the accommodation requested. Resources available to management include training and consultation available through the Human Resources Department. ii. Department or Person with Primary Responsibility for Compliance: Hospital managers have primary responsibility for compliance with Title I in consultation with the Human Resources Department. iii. Ways to Access Information or Resources: An overview of the Act and compliance guidelines is available on the intranet, Human Resources, Management Resources. Included in this information are definitions under the Act; procedures for applicants and employees who may request reasonable accommodations; and other helpful information about Title I. Hospital staff may request accommodations by contacting their supervisors. Relay Services - Telecommunications relay services are available twenty-four (24) hours per day. 11. CODE OF PROFESSIONAL AND PERSONAL CONDUCT 11.1 Professionalism Residents/Fellows will demonstrate conduct consistent with the dignity and integrity of the medical profession in all contacts with patients, their families, their peers, the faculty, all Hospital and Sponsoring Institution personnel and all third parties conducting business with the Resident/Fellow or Hospital or Sponsoring Institution. The Resident/Fellow: a. will protect and respect the ethical and legal rights of patients; b. will abide by the policies and procedures governing GME and applicable Sponsoring Institution; c. will, in a timely fashion, clearly communicate all information relevant to the safe, effective and compassionate care of their patients to their supervising faculty; d. will act in accordance with compliance policy including access to medical records; e. The Resident/Fellow will, in a timely fashion, complete all assigned clinical, administrative and academic duties, including medical records; Page 26 of 49 Last Updated: 7/1/2013 f. g. h. i. j. k. l. 11.2 will not prescribe controlled or narcotic medications for members of their immediate families. Residents/Fellows are discouraged from providing medical care to members of their immediate families; will not accept fees for medical services from patients, patients’ families, or other parties; will not charge or accept fees for expert testimony in medico-legal proceedings or for legal consultation; will promptly discharge any and all financial obligations to the Hospital and its affiliates throughout the duration of their appointment; should provide at least 60 days written notice as provided by the terms of the Agreement of Appointment should they desire to leave the training Program. Failure to provide such notice may be considered unprofessional conduct and can adversely effect the summative evaluation and any future recommendation. In some cases, such conduct may be reported to accrediting and credentialing bodies; will inform the PD and the GME Department of any condition or change in status that affects her/his abilities to perform assigned duties; will be expected to fulfill any written Agreement of Appointment entered into with the Hospital provided such Agreement of Appointment is not contrary to these policies and procedures. Any modification of such Agreement of Appointment must be made in writing by the parties. Personal Appearance a. b. c. d. e. Personal appearance must reflect concern and respect for the diverse group of individuals served at our Hospitals and Clinics. It must also inspire confidence in the staff’s knowledge and skills, and assure staff and patient safety. CMH is committed to ensuring that the Personal Appearance Policy is applied equally to both genders and will accommodate, as possible, exceptions based on disability, religious, ethnic, or health reasons. If you fail to comply with these requirements, you may be relieved from duty until you become compliant. Requirements for all employees: i. Your clothing must be clean and fit appropriately. ii. Avoid using heavily scented perfumes, colognes and lotions. iii. Keep your fingernails clean and trimmed. iv. Keep your hair, sideburns, mustaches and beards neat and well groomed. v. If you wear jewelry and make-up, it should be moderate. vi. Ear piercing must be limited to three per ear. vii. Unacceptable body piercings include, but are not limited to, nose rings or posts, tongue posts, eyebrow rings or posts, and lip rings. viii. Any tattoo that could be perceived as offensive or hostile or diminish the effectiveness of the employee as a role model for our patients must be covered during your shifts. ix. All employees, while working in patient care areas, must wear closed-toed shoes as protection from contaminated sharps or hazardous chemicals and materials. x. As recommended by the Centers for Disease Control and Prevention, employees working in patient care areas are required to maintain natural nails at one-quarter (1/4) inch long or less. Only natural nails are acceptable in patient care areas. xi. Employees who are required to wear uniforms are responsible for complying with the color and style designated by the department manager. xii. Employees who do not wear uniforms must follow the attire requirements of this policy and are encouraged to wear lab coats when participating in or providing direct patient care. xiii. Clothing contaminated with blood, body fluids, or other contaminants should be removed immediately and laundered at the Hospital. If necessary, scrubs will be issued. Requirements for all employees in non-patient care areas: i. Employees may choose to wear business attire or, for some positions, business casual attire. Examples include suits, dresses, skirts, blouses, slacks, sport coats, casual slacks, sport or knit shirts, and sweaters. Speak with your manager if you have questions about whether certain attire is appropriate. ii. Examples of unacceptable attire include, but are not limited to: denim jeans (unless designated as part of a uniform), sweat pants, sweat shirts (unless the shirt is promoting a Hospital activity or logo), workout attire, cutoffs or shorts, t-shirts, sheer clothing or clothing that is otherwise revealing, distracting or provocative, canvas tennis shoes, or flip-flops. iii. Occasionally, the Hospital will approve a special “theme day.” On these days, an exception to these guidelines may be made at your manager’s discretion. Page 27 of 49 Last Updated: 7/1/2013 f. g. 11.3 If you require an exception to the guidelines outlined above (for religious or health reasons, for example), please speak with your supervisor and Human Resources. Departure from appropriate grooming, hygiene and attire standards without proper approval may result in employee counseling up to and including termination of employment. Name Badge The Resident’s/Fellow’s CMH Name Badge assigned must not be shared with anyone else at any time. This badge is issued for security and identification purposes and must be worn at all times while on Hospital premises. The badge should be worn above the waist so that it is clearly visible and easily read by others. Contact your Program Coordinator or the Security Department at (816) 234-3345 for information on replacement name badges. 11.4 Smoking and Tobacco Free Environment CMH, in concert with its mission to provide quality care, believes that a tobacco-free environment is in the best interest of our patients, families, and staff. Smoking and tobacco use will not be permitted anywhere in the Hospital’s owned or leased buildings or on Hospital grounds by: a. b. c. d. e. f. g. h. employees medical staff contracted staff students volunteers families patients visitors Additionally, smoking and tobacco use is prohibited in Hospital parking lots, garages, vehicles parked in those lots and garages, and vehicles owned or operated by the Hospital by employees, medical staff, contracted staff, students and volunteers. Support for staff in order to provide a tobacco-free environment includes: f. information about the policy given to new hires during orientation; g. educational materials on smoking cessation printed by the American Cancer Society and the American Lung Association; h. referral to the Freedom from Smoking program by the American Lung Association for any employee smoking cessation; and i. referral to the Employee Assistance Program: NEW DIRECTIONS. Support for families and visitors include: a. an informational packet upon inpatient admission that contains the Hospital’s policy and resources available in the community for smoking and tobacco use cessation; and b. details about the policy at the Hospital’s information desk, outpatient clinics, and inpatient units for parents, guardians and other visitors. Employees and medical staff who violate this policy are subject to employee counseling up to and including termination of employment. Non-employed medical staff, contracted staff, volunteers and students will be notified of the violation and will have their affiliations with the Hospital terminated with repeated incidents. If you see a visitor smoking (or expressing a desire to smoke): a. In a courteous and diplomatic way, tell the visitor once that there is no tobacco use on Hospital property. Share the location of the nearest public sidewalk bordering the Hospital campus. b. If the visitor fails to comply, politely step away from the situation and alert the security department. c. A Security Supervisor will respond and explain to the visitor the importance of complying with this policy. d. If the visitor continues to be non-compliant, the Security Supervisor will request that the visitor leave the property. Page 28 of 49 Last Updated: 7/1/2013 e. 12. If the visitor refuses to leave the property, the Security Supervisor will issue the visitor a trespass warning. The Security Supervisor will explain that failure to leave the property immediately will result in a report to the local police department and being held for custody by the responding police department. DRUG AND ALCOHOL POLICY CMH recognizes the trust which the community places in our delivery of health care services. In an effort to maintain this community trust and to provide a safe environment for our employees, patients, families and visitors, the Hospital reaffirms its zero tolerance of substance misuse with the following policy, which applies to CMH employees and other covered individuals: a. b. c. d. e. f. g. h. i. j. k. The unauthorized or illegal use of drugs, the use of illegal drugs, the use of alcohol, or the unauthorized or illegal possession, consumption, exchange, delivery, distribution or sale of any drug or alcohol while on duty for CMH, while on CMH property, or while on CMH business will result in employee counseling, up to and including termination of employment. Moderate consumption of alcoholic beverages served at Hospital-related functions will be considered a limited exception to this policy. The unauthorized or illegal use, possession, exchange, delivery, distribution, or sale of drug-related paraphernalia while on duty for CMH, while on CMH property, or while on CMH business will result in employee counseling, up to and including termination of employment. Any employee who uses his or her position or CMH facilities, equipment or vehicles to engage in the illegal use of drugs, use of illegal drugs, or unauthorized or illegal possession, distribution, exchange, delivery or sale of drugs, alcohol or drug-related paraphernalia will be subject to employee counseling, up to and including termination of employment. Any employee who reports for work or works while under the influence of, or impaired by, drugs or alcohol, will be subject to employee counseling, up to and including termination of employment. Moderate consumption of alcoholic beverages served at hospital-related functions will be considered a limited exception to this policy. Any employee who is lawfully using any prescribed medications when, in the opinion of the Hospital management, such use may impair the ability of the employee to perform the duties of his/her job or poses a risk of safety to the employee or others will be relieved of duty and placed on a leave, as applicable. Before returning to work, the employee must provide certification from his/her prescribing physician stating the employee can perform the duties of his/her job and that he/she is able to do so without posing a risk of safety to the employee or others or that the employee is no longer taking the prescribed medication. Failure to provide this physician certification will prevent the employee from being able to return to work. Any employee who has patient care or driving responsibilities and/or if designated by the Hospital, based on other circumstances, is required to notify his/her immediate supervisor and/or Human Resources of use of any lawfully prescribed medications that may impair the employee's ability to safely perform the duties of his/her job, so a determination can be made as to the appropriateness of a leave or other action to address such risks. Failure of the employee to notify his/her immediate supervisor and/or Human Resources will result in employee counseling, up to and including termination of employment. Any employee who refuses to consent or submit to, or release the results of, an oral screening, urinalysis or evidentiary breath test for the use of drugs or alcohol under this Policy will be subject to employee counseling, up to and including termination of employment. An employee who does not produce a urine sample within 4 hours of submitting to a drug test will be considered to have refused testing for the use of drugs or alcohol. Any employee who has degraded, diluted, switched, altered or tampered with his or her screening sample will be terminated. Any employee who produces a positive test result for the current illegal use of drugs, the use of illegal drugs, or alcohol will be subject to employee counseling, up to and including termination of employment. All applicants for employment will be informed that a drug screening will be performed on or near the first day of employment with the Hospital. Applicants will attest that the screening will produce negative results for the illegal use of drugs and the use of illegal drugs. Upon employment, if the screening produces positive results for the illegal use of drugs and/or the use of illegal drugs, the employee will be immediately terminated. All employees must report to Human Resources within five (5) days any conviction of or guilty plea or nolo contendere ("no contest") to criminal offenses involving the illegal use or possession, distribution, delivery or sale of drugs or drug-related paraphernalia. Failure to make such report will result in employee counseling, up to and including termination of employment. All such reports to Human Resources will be treated confidentially to the extent possible. Page 29 of 49 Last Updated: 7/1/2013 12.1 Employee Assistance for Drug or Alcohol Problems When an employee's use of alcohol, illegal drugs, or illegal use of drugs affects that employee's ability to perform his or her job, the Hospital shall attempt to assist the employee in meeting his or her responsibility to correct and alleviate the problem, as follows: CMH encourages employees to voluntarily request assistance with alcohol and drug problems. Employees may utilize EAP or contact ComPsych® at 888-737-6797 (TDD: 800-697-0353). A voluntary request for assistance will not prevent employee counseling, up to and including termination, for any violation of CMH policies; thus, a voluntary request for assistance before any policy violation occurs is strongly encouraged. Confidentiality will be maintained with all voluntary requests for assistance, consistent with EAP policy. When use of alcohol, illegal drugs, or illegal use of drugs affects safe performance of job responsibilities, the employee will be subject to employee counseling up to and including termination, and may be referred to EAP or another appropriate treatment program approved by the Director of Employee Relations, the Occupational Health Nurse, and the employee's supervisor. Nothing in this policy requires the Hospital to refer an employee to EAP, or another appropriate treatment program in lieu of employee counseling, up to and including termination. 12.2 Return to Work Post-Treatment If the employee is referred by the Hospital, voluntarily or involuntarily, for evaluation and treatment relating to drug or alcohol use, medical leaves of absence, PTO and EIT may be used, as specified in those policies. In cases where the employee has participated in a rehabilitation program approved by the Hospital, the employee will be allowed to return to work upon completion of the program only if all of the following requirements are met: a. The authority supervising the rehabilitation program certifies in writing that the employee is rehabilitated and recommends him or her for continued employment, taking into consideration his or her access to controlled substances. b. Consistent with applicable law, there is a position available that the employee is qualified to perform. c. The Occupational Health Nurse, the Director of Employee Relations or a designated Human Resources representative, and the employee's department manager or division director agree that such a return to work is in the best interest of the Hospital and the employee and that such return will not adversely affect the Hospital's effort to maintain an environment free from persons involved with substance misuse. d. The employee willingly cooperates in a proposed monitoring program designated by the Hospital. e. For more information, please refer to “Testing of Employees", the "reasonable suspicion" definition, and the "Employee Return to Work Agreement.” 12.3 Employee Knowledge of Substance Misuse and Illegal Activity An employee who has knowledge of substance misuse activity involving other employees or any illegal activity involving drugs on Hospital premises must report such activity to his/her supervisor, Human Resources, or Occupational Health. An employee, who has knowledge of such activity and does not report it, will be subject to employee counseling up to and including termination. CMHs & Clinics will cooperate with all regulatory enforcement agencies, including licensing authorities for licensed employees, in an effort to detect and prevent substance misuse and illegal activity. 12.4 Testing of Employees Testing may be performed on applicants, employees, or other covered individuals, under any of the following circumstances: a. Upon employment for drugs. b. When there is reasonable suspicion that an employee, or other covered individual, is using, is under the influence of, or is impaired by drugs or alcohol. c. When there is reasonable suspicion of diversion of drugs. d. When an employee, or other covered individual, is found in possession of illegal drugs or alcohol on CMH property or while engaged in CMH business. e. When testing is required by a federal, state or local government statute, regulation or ordinance or when required by contractual obligations of CMH. Page 30 of 49 Last Updated: 7/1/2013 f. g. h. i. 12.5 Following a work-related injury which results in treatment or work time lost, or occurs in connection with significant damage to equipment or injury to another party. For employees, on an unannounced and suspicionless basis, on return to work after receiving treatment for the use of drugs or alcohol. For employees, on an unannounced and suspicionless basis, after receiving a positive test result. For employees, drug testing may be included as part of any fitness for duty examination; alcohol testing may be included as part of any fitness for duty examination where warranted. Definitions a. b. c. “alcohol” means any substance containing ethyl alcohol (ethanol). “applicant” means someone to whom a job offer has been made. "CMH property” means all property and facilities of Children’s Mercy Hospital and related and affiliated organizations and companies, including parking lots and grounds (including hospital vehicles and personal vehicles) where employees are conducting CMH business or otherwise acting in the course and scope of their employment. d. “drug” means any drug, controlled substance, inhalant or perception altering substance. e. “employee” for the purpose of drug and alcohol screening, means any CMH employee to whom the Hospital pays wages; withholds income taxes, social security, medicare; and subsequently issues a form W-2. f. “evidentiary breath test” means screening by a laboratory designated by CMH of a deep lung breath performed by an applicant, employee, or other covered individual to detect the presence of alcohol. g. “illegal drug” means any drug, controlled substance, inhalant or perception altering substance, the possession or use of which is restricted, controlled or prohibited by state or federal law, and for which the user does not have a lawful prescription. h. "illegal use of drugs" means use of any drug, controlled substance, inhalant or perception altering substance, the possession or use of which is restricted, controlled or prohibited by state or federal law, and for which the user does not have a lawful prescription or for which use is not in accordance with such prescription. i. “manager or division director” assumes that if the involved employee is in a manager or division director position the next higher organizational chart level would take the steps outlined in this policy and procedure. j. “negative test result” for drugs means not having a reportable level of drugs or their metabolites in the body as determined by an oral screening or a urinalysis. For alcohol, this means an alcohol level in the body, as determined by a Breathalyzer, less than 0.02%. k. “non-negative test result” for drugs means having a reportable level of a drug or its metabolites in the body as determined by an oral screening or a urinalysis. l. “oral screening” means a test for drugs or their metabolites from a saliva sample to detect the illegal use of drugs. m. “other covered individuals” includes independent contractors, travelers, contract or temporary employees including non-employed physicians, residents, fellows, or other clinicians. n. “positive test result” for alcohol means having an alcohol level in the body as determined by a Breathalyzer. For the purpose of this policy, to be considered “positive”, the level must be a minimum of 0.02%. For drugs this means having a reportable level of drugs or their metabolites in the body as determined by an oral screening or a urinalysis. o. “rapid response test” means screening by urinalysis for use of drugs with a response of ‘negative’ (no drugs or metabolites present) or a response of ‘non-negative’ (drugs or metabolites present). p. “reasonable suspicion” means a belief that an employee or other covered individual is engaged in the current illegal use of drugs, the use of illegal drugs, the use of alcohol at the workplace, or is otherwise in violation of this Policy. Reasonable suspicion that an employee or other covered individual is under the influence of drugs or alcohol occurs when that person exhibits behaviors which are obvious, significant or compelling and which a reasonable person would believe are consistent with being under the influence of drugs or alcohol. A determination of whether reasonable suspicion exists is reserved to the sole discretion of management and includes, but is not limited to, the following: q. observations while at work of drug or alcohol use, or the physical symptoms or manifestations of being under the influence of alcohol or impaired by drugs; i. abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; ii. a report of drug or alcohol use, provided by a reliable and credible source; iii. information that an individual has tampered with a screening sample or screening device or test; iv. information that an employee or other covered individual has used, possessed, sold, solicited, or transferred drugs or alcohol while working for CMH or while on CMH property, while operating CMH vehicles or equipment, or while operating a personal vehicle on CMH business. Page 31 of 49 Last Updated: 7/1/2013 r. s. 12.6 “under the influence” means that the employee or other covered individual is affected by drugs or alcohol in any detectable manner. “urinalysis test” means screening by a laboratory designated by CMH of a urine specimen provided by an applicant, employee, or other covered individual to detect the illegal use of drugs. Release of Information The results of alcohol and drug tests will be released to only those persons within and outside CMH with a need to know the information (including but not limited to individuals in workers' compensation and unemployment proceedings) or who are involved in any rehabilitation program in which CMH, in its full discretion, allows the employee’s participation as a condition of continued employment. Appropriate protocols will be followed for the release of information, according to applicable laws, including the Americans with Disabilities Act. Organizations outside CMH may include appropriate impaired professional organizations and licensing agencies. 12.7 Workers' Compensation and Unemployment Termination from employment due to violation of this policy (including but not limited to a positive test result or refusal to submit to testing) may adversely affect an employee's entitlement to unemployment benefits. Further, violation of this policy (including but not limited to a positive test result or refusal to submit to testing) in connection with a workers' compensation injury may adversely affect an employee's entitlement to workers' compensation benefits. 12.8 Exclusions Board members and volunteers are subject to the same prohibitions against the use, possession, consumption, exchange, delivery, distribution or sale of alcohol and drugs but are excluded from the testing and counseling sections of this policy. Rather, board members and volunteers will be subject to their respective bylaws or policies. RESIDENT/FELLOW IMPAIRMENT 34 13. CMH seeks to promote the health and well-being of Residents/Fellows while assuring that our patients receive quality care. CMH recognizes that, drug and chemical abuse, physical or mental illnesses and life stressors may adversely affect a Resident’s/Fellow’s ability to deliver quality care. 13.1 Definitions a. b. c. d. e. f. 34 “advocacy agreement” is a document between the Resident/Fellow, the CMH Health and Wellness Program Medical Director or designee and the PD or designee that includes one or more of the following: 1) acknowledgement of the impairment and/or cause of the impairment; 2) the planned intervention; 3) methods of evaluation; 4) plan of treatment; 5) schedule and methods for monitoring; 6) the conditions that must be met to return or continue training. “CMH Health and Wellness Program” is a program designed to intervene with an impaired Resident/Fellow to provide evaluation, resources or referral for treatment and monitoring of recovery. “drug or chemical substances” include, but are not limited to, alcohol, over-the-counter medications or substances, prescribed or unprescribed medications, controlled substances, or any other substance that alters the body’s biochemistry or causes adverse psychological effects. “drug-related misconduct” includes, but is not limited to, illegal use, possession, or distribution of drug or chemical substances. “evaluation” is an assessment of the impaired Resident/Fellow by a medical or mental health professional or treatment facility on the recommendation of the Medical Director of the CMH Health and Wellness Program. A chemically “impaired Resident/Fellow” is a Resident/Fellow whose ability to safely perform the essential functions of the job has been compromised due to the adverse affect of drug or chemical use or abuse, physical or mental illness or life stressors. ACGME Institutional Requirements, II.D.4.l) Page 32 of 49 Last Updated: 7/1/2013 g. h. i. j. 13.2 “Missouri Physician Health Program (MPHP)” is the impaired Resident’s/Fellow’s program sponsored by the Missouri State Medical Association. “intervention” is an organized approach by trained individuals for the purpose of encouraging and motivating the physician to acknowledge the impairment and to seek evaluation and treatment. An intervention may involve a representative of the MPHP, the Medical Director of the CMH Health and Wellness Program, a PD, an individual such as a spouse, significant other, practice partner, relative, friend, or other professional whose involvement has been consented by the impaired Resident/Fellow. “monitoring” is the process for ongoing follow-up of treatment and recovery. “treatment” is a process whereby the impaired Resident/Fellow is assisted in the acknowledgement of the cause of impairment and therapy is initiated. Procedures a. Reporting Concerns of Impairment Residents/Fellows will notify their PD, an APD, Chair or Vice Chair of GME or the Medical Director of Center for Professionalism and Wellbeing when they have reasonable suspicions or concerns that a physician is exhibiting signs or behaviors of impairment. Residents/Fellows reporting suspicions or concerns of impairment will cooperate with the CMH Director of Employee Relations in the conduct of an investigation. b. Concern for On-duty Chemical or Drug use Causing Impairment When a PD or other designated individual receives a report involving a concern or suspicion of impairment in a Resident/Fellow who is on duty at CMH or a CMH affiliated training facility, the following steps will occur: i. The PD will request that the Resident/Fellow consent to drug and alcohol screening as outlined in the CMH Drug and Alcohol Policy. ii. In accordance with that policy, the Resident/Fellow will be relieved from duty until the results of the screening have been received and reviewed. Residents/Fellows who refuse consent to immediate alcohol or drug testing will be relieved of duty and suspended with pay pending investigation. iii. In all instances Residents/Fellows and PDs or their designees will cooperate with the CMH Director of Employee Relations in the conduct and resolution of an investigation. If screening results are positive, the PD or designee will meet with the Resident/Fellow to review the results and discuss the concern of chemical or drug impairment. iv. The PD will review CMH GME Policies and Procedures with the Resident/Fellow. v. The Resident/Fellow will be immediately relieved of all clinical responsibilities and referred to the Medical Director of the CMH Center for Professionalism and Wellbeing or designee for intervention and the creation of an Advocacy Agreement. vi. The Advocacy Agreement must be signed before the Resident/Fellow can return to clinical duties. The Resident/Fellow will continue to be paid until the Advocacy Agreement has been written and signed. Residents/Fellows who refuse to enter into an Advocacy Agreement with the training program and CMH are subject to corrective or disciplinary actions. vii. Residents/Fellows who disagree that chemical or drug impairment exists may follow the procedure outlined below under Due Process for Residents/Fellows who disagree with a Diagnosis of Impairment. viii. If the screening results are negative, the PD or designee will meet with the Resident/Fellow to review the results and discuss the concern for impairment. The PD or designee in accordance with the CMH Drug and Alcohol Policy and in the interest of patient care and safety will determine when the Resident/Fellow can return to clinical duties. ix. The PD or designee reserves the right to further monitor behavior or proceed with additional referral to the CMH Center for Professionalism and Wellbeing Medical Director to evaluate for other causes of impairment. c. Concern for Physical or Mental Health Impairment or Impairment Due to Life Stressors When a concern for physical, mental or life stressor related impairment has been raised, the following steps will occur: i. The Resident/Fellow will meet with the PD, an APD, and Chair or Vice Chair of GME and a referral to the Medical Director or their designee of the CMH Center for Professionalism and Wellbeing will be made. Page 33 of 49 Last Updated: 7/1/2013 ii. iii. iv. v. d. The Medical Director or their designee of the CMH Center for Professionalism and Wellbeing will determine the need for intervention. Residents/Fellows with impairment due to physical or mental illness or life stressors will enter into written and signed Advocacy Agreement with their training program and CMH. Residents/Fellows who refuse to enter into an Advocacy Agreement are subject to corrective or disciplinary actions. In all instances Residents/Fellows and PDs or their designees will cooperate with the CMH Director of Employee Relations in the conduct and resolution of an investigation. Residents/Fellows who disagree that physical or mental health impairment or impairment due to life stressors exist may follow the procedure outlined below under Due Process for Residents/Fellows who disagree with a Determination of Impairment. Due Process for Residents/Fellows who Disagree with a Determination of Impairment Residents/Fellows who disagree with a determination of impairment may follow the procedure outlined below: i. The Resident/Fellow may request a hearing before the Medical Staff Education Committee to rebut the determination of impairment and the need for intervention and an Advocacy Agreement. The Resident/Fellow must request the hearing within 10 weekdays of the meeting with the PD or the Medical Director of the CMH Center for Professionalism and Wellbeing or designees notifying them of the determination of impairment and the need for an Advocacy Agreement. ii. When a hearing is requested the Medical Staff Education Committee will meet within 5 weekdays to review all documentation and testimony related to the determination of impairment. The Resident/Fellow must appear before the committee to refute the allegations of impairment. iii. The PD, Medical Director of the CMH Center for Professionalism and Wellbeing, Director of Employee Relations or others may appear before the committee to present the evidence or concerns for impairment. iv. The Medical Staff Education committee, after considering all documentation and testimony shall present their written findings and recommendations to the Executive Vice President of Medical Affairs or their designee who will make a final decision which is binding to all. v. Written notification of a final decision on the determination of impairment from the Executive Vice President of Medical Affairs will be sent to the Resident/Fellow, Chair/Vice Chair of GME, PD, Director of Employee Relations and Medical Director of the CMH Center for Professionalism and Wellbeing. vi. When the determination of impairment is upheld, the Resident/Fellow will enter into intervention and an Advocacy Agreement with the training program and CMH. If the Resident/Fellow disagrees with the decision of the Executive Vice President of Medical Affairs, they will be subject to corrective or disciplinary action. vii. When the determination of impairment is not upheld the Resident/Fellow will be allowed to return to clinical duties. The PD or designee reserves the right to further monitor behavior and take corrective or disciplinary action when indicated. e. Failure to Comply with the Terms of an Advocacy Agreement Residents/Fellows who do not satisfactorily comply with the terms of a signed Advocacy Agreement are subject to corrective or disciplinary actions. f. Medical Clearance for Return to Work Resident’s/Fellow’s who, as part of their intervention and Advocacy Agreement are under the care of a physician or other mental health professional, must have a signed release to return to patient care responsibilities. g. Confidentiality and Storage of Records Related to Intervention All records related to impairment and the Advocacy Agreement will be kept in a designated locked file cabinet in the office of the Medical Director of the CMH Center for Professionalism and Wellbeing. Access to these records will be on a need-to-know basis as determined by the Medical Director of the CMH Center for Professionalism and Wellbeing. These records will not be placed with the Resident/Fellow’s personnel file and with the exception of attorney client privileged documents will not be released to anyone. Confidentiality of the impaired Resident’s/Fellow’s identity will be maintained by all concerned and the proceedings of any meetings or hearings will remain confidential except as limited by law, ethical obligation, concerns of patient safety or on a need-to-know basis. Page 34 of 49 Last Updated: 7/1/2013 14. PERSONAL USE OF SOCIAL MEDIA The Hospital recognizes that the Internet provides unique opportunities to participate in interactive discussions and to share information on particular topics using a wide variety of media, such as Facebook, Twitter, blogs and wikis. As such, the Hospital understands that CMH employees may be participating in social media on their personal time and for personal use. Employees’ personal use of social media may pose unintended risks to CMH’S patient privacy, confidential and proprietary information, reputation and brands, and can jeopardize the Hospital’s compliance with business rules and laws. This policy offers guidance for employee’s personal use of social media. 14.1 Guidelines for CMH Employees Participation in Non-Hospital Social Media Each CMH employee is an “Ambassador of the Hospital” both at work and outside of work. For this reason, it is important that employees follow some simple guidelines when posting information about their work life or experiences by remembering: a. b. c. d. e. f. Each Employee’s commitment to follow the Hospital’s Service Excellence Policy i. Post only appropriate language. ii. Do not post any offensive, derogatory, threatening, discriminating or harassing content. iii. Do not engage or participate in inflammatory disputes in postings. iv. Do not post defamatory, libelous comments or statements that infringe on the rights of others. v. Do not post pictures or comments about your co-workers without their permission. vi. Do not post comments about work concerns or conflicts. The proper method of resolution of work issues or conflicts can be handled through your supervisor or by contacting the Employee Relations Department. Ensure patient privacy and confidentiality i. Do not post information about patients and their families. Even if the post appears to be de-identified, there is the possibility that the patient or family could be identified and your comments may be seen as unprofessional by others. ii. Do not post pictures of patients or their families. Respect and preserve the patient/provider relationship and boundaries by following the Preserving Professional Boundaries Policy i. Do not invite patients (including minors) or families (current or previous) to be a “friend” to your social networking site. ii. Employees may view a patient or parents community page (such as CarePages or Caring Bridge). iii. Do not comment on patient or patient family sites. Use the Hospital Internet and Computer Systems appropriately i. Use of Internet for personal purposes should be done in moderation and only during breaks or after all patient care and downtime tasks (stocking, cleaning, etc.) are completed. ii. Certain Web sites will be blocked on computers in public areas where patients/parents or visitors may be able to view the computer. iii. Only computers in designated areas where the screen is not visible to the parents may be used for personal social media use. iv. Use of Internet or Social Networking cannot interfere with employee productivity or job duties. v. The Hospital has the right to monitor staff activity on CMH email and on these sites. Misuse of such may result in corrective actions. Requests for monitoring staff activity will be approved and coordinated through the Director of Employee Relations. vi. CMH email address is the property of the Hospital and staff should use discretion in using their assigned Hospital email (i.e; [email protected]) for personal use. When setting up personal use of social media, staff are strongly discouraged from using their assigned Hospital email address. Follow the law - Do not post content or participate in any activity which does not conform to any and all applicable local, state or federal laws. Respect copyright laws - Before you post material (text, images, graphics, etc.) that you yourself did not create, obtain permission from the person or organization that did create that material, or from the copyright owner of that material. Instead of directly including material created by others, you can sometimes meet the same purpose by giving Page 35 of 49 Last Updated: 7/1/2013 g. h. i. j. 14.2 a citation to a source, such as a public Web site that contains the material. For additional detail, review the Hospital's Copyright Policy. Protect Hospital confidential or proprietary information - Do not post information that the Hospital received from another organization under a Confidential Disclosure Agreement, information that the Hospital generated in its research laboratories, or information that is confidential by its nature, whether it pertains to the Hospital or some other organization or individual. As a general guideline, the more specific the information, the more likely it is to be confidential (unless it is already available from some public source such as a Web site). Protect the discoverability of Hospital information - Do not post or disclose any Attorney-Client Privileged information. Comply with research and grant sponsors confidentiality and disclosure of information criteria. Do not post the following information without the required written approvals from the sponsor as defined in the contract: i. Information about research or studies as this may violate contractual arrangements and compromise the integrity of the research. ii. Proprietary information, including investigational product names or other information. iii. Information which may affect intellectual property rights. Prevent potential conflict of interests and Federal Trade Commission Guideline violations - Do not advertise or promote healthcare products or provide testimonials or endorsements for health care products. Inappropriate Postings Inappropriate postings can occur by an employee, patient/family member or from the community. Employees who become aware of any inappropriate postings by an employee should report the incident to their manager or the Employee Relations department. The employee’s manager and the Employee Relations employee will investigate the incident per the Hospital Human Resource process. Employees should report inappropriate postings by patients/families or the community in accordance with the Hospital Use of Social Media Policy guidelines. EDUCATIONAL PROGRAM & ACGME COMPETENCIES35 15. a. b. 35 Each Program’s curriculum will contain the following educational components: i. Overall educational goals for the program, which the program will distribute to Residents/Fellows and faculty annually; ii. Competency-based goals and objectives for each assignment at each educational level, which the program will distribute to Residents/Fellows and faculty annually, in either written or electronic form. These should be reviewed by the Resident/Fellow at the start of each rotation/educational unit; iii. Regularly scheduled didactic sessions; iv. Delineation of Resident/Fellow responsibilities for patient care, progressive responsibility for patient management, and supervision of Residents/Fellows over the continuum of the program; and, v. ACGME Competencies. The program must integrate the following ACGME competencies into the curriculum: i. Patient Care. Residents/Fellows must be able to provide patient care that is compassionate, appropriate, and effective for the treatment of health problems and the promotion of health. ii. Medical Knowledge. Residents/Fellows must demonstrate knowledge of established and evolving biomedical, clinical, epidemiological and social behavioral sciences, as well as the application of this knowledge to patient care. iii. Practice-based Learning and Improvement. Residents/Fellows must demonstrate the ability to investigate and evaluate their care of patients, to appraise and assimilate scientific evidence, and to continuously improve patient care based on constant self-evaluation and life-long learning. Residents/Fellows are expected to develop skills and habits to be able to meet the following goals: o identify strengths, deficiencies, and limits in one’s knowledge and expertise; o set learning and improvement goals; ACGME Common Program Requirements IV. Page 36 of 49 Last Updated: 7/1/2013 o o iv. v. identify and perform appropriate learning activities; systematically analyze practice using quality improvement methods, and implement changes with the goal of practice improvement; o incorporate formative evaluation feedback into daily practice; o locate, appraise, and assimilate evidence from scientific studies related to their patients’ health problems; o use information technology to optimize learning; and, o participate in the education of patients, families, students, Residents/Fellows and other health professionals. Interpersonal and Communication Skills. Residents/Fellows must demonstrate interpersonal and communication skills that result in the effective exchange of information and collaboration with patients, their families, and health professionals. Residents/Fellows are expected to: o communicate effectively with patients, families, and the public, as appropriate, across a broad range of socioeconomic and cultural backgrounds; o communicate effectively with physicians, other health professionals, and health related agencies; o work effectively as a member or leader of a health care team or other professional group; o act in a consultative role to other physicians and health professionals; and, o maintain comprehensive, timely, and legible medical records, if applicable. Professionalism. Residents/Fellows must demonstrate a commitment to carrying out professional responsibilities and an adherence to ethical principles. Residents are expected to demonstrate: o o o o o vi. compassion, integrity, and respect for others; responsiveness to patient needs that supersedes self-interest; respect for patient privacy and autonomy; accountability to patients, society and the profession; and, sensitivity and responsiveness to a diverse patient population, including but not limited to diversity in gender, age, culture, race, religion, disabilities, and sexual orientation. Systems-based Practice. Residents/Fellows must demonstrate an awareness of and responsiveness to the larger context and system of health care, as well as the ability to call effectively on other resources in the system to provide optimal health care. Residents/Fellows are expected to: o work effectively in various health care delivery settings and systems relevant to their clinical specialty; o coordinate patient care within the health care system relevant to their clinical specialty; o incorporate considerations of cost awareness and risk benefit analysis in patient and/or populationbased care as appropriate; o advocate for quality patient care and optimal patient care systems; o work in inter professional teams to enhance patient safety and improve patient care quality; and, o participate in identifying system errors and implementing potential systems solutions. The curriculum will advance Residents’/Fellows’ knowledge of the basic principles of research, including how research is conducted, evaluated, explained to patients, and applied to patient care. Residents/Fellows should participate in scholarly activity. The Sponsoring Institution and program will allocate adequate educational resources to facilitate Resident/Fellow involvement in scholarly activities. 16. INTERNATIONAL ROTATION/EDUCATIONAL UNITS Residents/Fellows participating in a training Program at CMH, who are interested in completing an International elective rotation/educational unit, must follow the guidelines below. Residents/Fellows must present the required report and should be willing to make a presentation at a Grand Rounds or International Day. 16.1 Eligibility Criteria for International Elective Rotation/Educational Unit a. a. b. c. d. Residents who entered the Program after July 1, 2011, must meet all the requirements of the Global Health Track. Fellows must be in their second year of training. Residents/Fellows must have a faculty Global Health Track advisor at CMH Goals and objectives must be clearly outlined for the experience with the Global Health Track advisor. The onsite international faculty member who will complete the evaluation must be identified in advance. Page 37 of 49 Last Updated: 7/1/2013 e. f. 16.2 July is excluded. Pre-requisites: i. Must meet conference attendance requirements ii. No incomplete rotation/educational units iii. Evidence of compliance with documentation of procedures and medical records must be up to date iv. Must have taken In-service exams as appropriate v. Must have completed post rotation/educational unit tests where applicable vi. Must have a call free month available for the international rotation/educational unit (PD has the discretion for approval) vii. Additional appropriate immunizations as necessary Travel Criteria a. b. c. d. 16.3 The international elective must be approved by the Global Health Track Director. Country of travel must not be listed on the state department travel warning sites. Resident/Fellow must have all travel documentation in order: i. Complete the International Medicine Personal Information Sheet and return to the GME Department. ii. Copy of the passport iii. Copy of Visa (if applicable) iv. Travel insurance v. Risk and release form vi. Documentation of immunizations Resident/Fellow will be provided information regarding US Embassy/consulate, travel registration and other relevant information. Return from Travel a. b. Resident/Fellow must have an appointment set with occupational services to meet immediately upon return. This should be within 24 hours or before returning to regular work schedule. Upon return, Resident/Fellow must meet with Global Health Track Director to review the experience and to confirm that all goals and objectives of the rotation/educational units as stated are met. 17. DUTY-HOURS AND CALL SCHEDULES36 17.1 Limitations on Duty-hours The Hospital and/or Sponsoring Institution policy is that duty-hours will be in compliance with the guidelines established by ACGME. a. b. c. 36 The Hospital and/or Sponsoring Institution policy is that no exceptions to the ACGME duty-hour requirements are allowed. Duty-hours are defined as all clinical and academic activities related to the program; i.e., patient care (both inpatient and outpatient), administrative duties relative to patient care, the provision for transfer of patient care; time spent inhouse during call activities, and scheduled activities such as conferences. Duty-hours do not include reading and preparation time spent away from the duty site. i. Maximum Hours of Work per Week - Duty-hours must be limited to 80 hours per week, averaged over a fourweek period, inclusive of all in-house call activities and moonlighting. ii. Mandatory Time Free of Duty - Residents/Fellows must be scheduled for a minimum of one day free of duty every week (when averaged over four weeks). At-home call cannot be assigned on these free days. iii. Maximum Duty Period Length Duty periods for PGY-1 Residents/Fellows must not exceed 16 hours in duration. Duty periods of PGY-2 Residents/Fellows and above may be scheduled to a maximum of 24 hours of continuous duty in the hospital. Programs must encourage Residents/Fellows to use alertness management strategies in the context of patient care ACGME Institutional Requirements, II.D.4.i) & ACGME Common Program Requirements, VI Page 38 of 49 Last Updated: 7/1/2013 d. e. f. g. h. i. 17.2 responsibilities. Strategic napping, especially after 16 hours of continuous duty and between the hours of 10:00 pm and 8:00 am, is strongly suggested. It is essential for patient safety and Resident/Fellow education that effective transitions in care occur. Residents/Fellows may be allowed to remain on-site in order to accomplish these tasks; however, this period of time must be no longer than an additional four hours. Residents/Fellows must not be assigned additional clinical responsibilities after 24 hours of continuous in-house duty. In unusual circumstances, Residents/Fellows, on their own initiative, may remain beyond their scheduled period of duty to continue to provide care to a single patient. Justifications for such extensions of duty are limited to reasons of required continuity for a severely ill or unstable patient, academic importance of the events transpiring, or humanistic attention to the needs of a patient or family. Under those circumstances, the Resident/Fellow must: Appropriately hand over the care of all other patients to the team responsible for their continuing care; and, Document the reasons for remaining to care for the patient in question and submit that documentation in every circumstance to the PD. The PD must review each submission of additional service, and track both individual Resident/Fellow and programwide episodes of additional duty. Minimum Time Off between Scheduled Duty Periods a. b. c. 17.3 PGY-1 Residents/Fellows should have 10 hours, and must have eight hours, free of duty between scheduled duty periods. Intermediate-level Residents/Fellows should have 10 hours free of duty, and must have eight hours between scheduled duty periods. They must have at least 14 hours free of duty after 24 hours of in-house duty. Circumstances of return-to-hospital activities with fewer than eight hours away from the hospital by residents in their final years of education must be monitored by the PD. Maximum Frequency of In-House Night Float a. b. 17.4 Night float is a rotation/educational unit or educational experience designed to either eliminate in-house call or to assist other resident during the night. Residents/Fellows assigned to night float are assigned on-site during evening/night shifts and are responsible for admitting or cross-covering patients until morning and do not have daytime assignments. Rotation/Educational Unit must have an educational focus. Residents/Fellows must not be scheduled for more than six consecutive nights of night float. Call Frequency The objective of on-call activities is to provide Residents/Fellows with continuity of patient care experiences throughout a 24hour period. In-house call is defined as those duty hours beyond the normal work day, when Residents/Fellows are required to be immediately available in the assigned institution. No new patients may be accepted after 24 hours of continuous duty. a. b. c. d. e. f. g. h. i. PGY-1 Residents/Fellows are not scheduled for in-house call. PGY-2 Residents/Fellows and above must be scheduled for in-house call no more frequently than every-third-night (when averaged over a four-week period). At-home call is the same as Pager Call (a call taken from outside the assigned site). Time in the hospital, exclusive of travel time, must be documented as at-home call. Time spent in the hospital by Residents/Fellows on at-home call must count towards the 80-hour maximum weekly hour limit. The frequency of at-home call is not subject to the every-third-night limitation, but must satisfy the requirement for one-day-in-seven free of duty, when averaged over four weeks. At-home call must not be so frequent or taxing as to preclude rest or reasonable personal time for each Resident/Fellow. Residents/Fellows are permitted to return to the hospital while on at-home call to care for new or established patients. Each episode of this type of care, while it must be included in the 80-hour weekly maximum, will not initiate a new “off-duty period.” The call schedule and schedule of duty assignments will be published and made available for review by the Residents/Fellows on a monthly basis. Changes to the call and duty schedules will be made and the revisions published by the PD or a designee. Every month, the PC will verify that the Residents/Fellows time reported is accurate. Page 39 of 49 Last Updated: 7/1/2013 EXTRA SHIFTS AND MOONLIGHTING37 18. Residents are only allowed to do Extra Shifts; Residents/Fellows are allowed to do Internal Moonlighting and Extra Shifts. Extra Shifts are defined as shifts above and beyond their training requirements but still supervised; Residents/Fellows DO NOT practice independently; DO NOT bill; Use hospital DEAs and have been not been credentialed through Medical Staff. Internal Moonlighting is defined as voluntary, compensated, medically-related work (not related with training requirements) performed within the hospital or any related sites. Fellows must work in an area where they have already been fully trained and certified; have their own DEA number, go through Medical Staff credentialing; and must have a permanent license in the state in which they are moonlighting External Moonlighting is defined as voluntary, compensated, medically-related work performed outside the hospital or related sites where the Resident/Fellow is in training. External Moonlighting is not permitted a. b. c. d. e. f. g. h. i. Extra Shifts/Moonlighting must not interfere with the ability of the Resident/Fellow to achieve the goals and objectives of the educational program. Time spent by Residents/Fellows in Extra Shifts/Moonlighting (as defined above) must be counted towards the 80hour maximum weekly hour limit. PGY 1 Residents are not permitted to take Extra Shifts. Residents/Fellows are not required to engage in Extra Shifts/Moonlighting activities. Residents/Fellows must keep up to date duty hour logs which include all Extra Shifts/Moonlighting activities. Residents/Fellows are monitored on performance, and if the PD feels the Extra Shifts/Moonlighting activities are interfering with patient care, may withdrawal permission for Extra Shifts/Moonlighting activities without notice. Each Program will develop its own policies to govern extra-institutional practice activities by its Residents/Fellows PGY 2 and above. These Program policies will conform to any ACGME and RRC guidelines. A Resident/Fellow who wishes to engage in Extra Shifts/Moonlighting activities must seek approval by completing the GME Extra Shift Form or GME Moonlighting Approval Form. The form requires the PD’s signature and the signature of the site where the Extra Shifts/Moonlighting will take place. Once complete the Resident/Fellow must submit to the GME Department for final approval. Residents/Fellows seeking internal moonlighting approval, and after final approval is provided, must contact the Hospitals Medical Staff Office to obtain and complete the required forms to apply for “privileges” pursuant to the Hospitals Appointment and Credentialing Policy, Article II.D.4-6, page 31-32. EVALUATION38 19. All faculty and Resident/Fellow evaluations are overseen and managed by the GME Department for review by appropriate representatives of the Hospital or external reviewing bodies. 19.1 Resident/Fellow Evaluation a. b. 37 38 Formative Evaluation i. The faculty will evaluate Resident/Fellow performance in a timely manner during each rotation/educational unit or similar educational assignment, and document this evaluation at completion of the assignment. ii. The program will provide objective assessments of the competencies in Section 15 (Educational Program & ACGME Competencies), using multiple evaluators (e.g., faculty, peers, patients, self, and other professional staff), and document progressive Resident/Fellow performance improvement appropriate to educational level, and will provide each Resident/Fellow with documented semiannual evaluation of performance with feedback. iii. The evaluations of Resident/Fellow performance are accessible for review by the Resident/Fellow. Summative Evaluation ACGME Institutional Requirements, II.D.4.j) & ACGME Common Program Requirements VI.G.2. ACGME Common Program Requirements, V. Page 40 of 49 Last Updated: 7/1/2013 i. ii. iii. 19.2 The PD will provide a summative evaluation for each Resident/Fellow upon completion of the Program. This evaluation will become part of the Resident’s/Fellow’s permanent record maintained in the GME Department, and is accessible for review by the Resident/Fellow. The evaluation will document the Resident’s/Fellow’s performance during the final period of education, and verify that the Resident/Fellow has demonstrated sufficient competence to enter practice without direct supervision. Faculty Evaluation At least annually, the program will evaluate faculty performance as it relates to the educational program. These evaluations will include a review of the faculty’s clinical teaching abilities, commitment to the educational program, clinical knowledge, professionalism, and scholarly activities, and will include written confidential evaluations by the Residents/Fellows. 19.3 Program Evaluation and Improvement The Program will document formal, systematic evaluation of the curriculum at least annually. The program will monitor and track each of the following areas: a. b. c. d. Resident/Fellow performance; faculty development; graduate performance, including performance of Program graduates on the certification examination; and Program quality, specifically: Residents/Fellows and faculty will have the opportunity to evaluate the Program confidentially and in writing at least annually, and the Program will use the results of Residents’/Fellows’ assessments of the program together with other Program evaluation results to improve the Program. If deficiencies are found, the Program should prepare a written plan of action to document initiatives to improve performance in the areas listed above. The action plan should be reviewed and approved by the teaching faculty and documented in meeting minutes. 20. PROMOTION AND PROGRAM COMPLETION While the Hospital does not allow the term of an Agreement of Appointment to exceed one year, the Hospital does recognize that candidates accepting appointments to the program have an expectation that they will be allowed to complete their training, provided they show satisfactory progress in their educational Programs. While the Hospital cannot guarantee that this expectation will be met in all cases, every effort will be made to preserve from year to year the position of a Resident/Fellow who is advancing and progressing toward completion of her/his training. Changes in the size of a program will be accomplished, whenever possible, through changes in the numbers of candidates accepted into the first year of a Program rather than through elimination of more current positions. A Resident/Fellow whose performance conforms to established evaluation criteria in a consistent and satisfactory manner will be considered to be “in good standing” with the Program and Institution. Resident/Fellow misconduct, failure to comply with the policies and procedures governing GME, or unsatisfactory performance based on one or more evaluations may adversely affect the standing in his/her Program. In such cases, the Resident/Fellow may be placed on corrective action, suspension or termination as discussed in Section 21 (Corrective Actions, Suspensions and Termination) of this manual. 20.1 Promotion/Advancement After satisfactory completion of each year of training, a Resident/Fellow in good standing may be promoted/advanced to the next year of their training program subject to the terms, limitations and conditions described in this document and the Agreement or Appointment. Promotion/advancement to the next level of training is at the sole discretion of the PD, Hospital, and the Sponsoring Institution. The decision to promote is expressly contingent upon several factors, including but not limited to: Page 41 of 49 Last Updated: 7/1/2013 a. b. c. satisfactory completion of all training components, including demonstration of ACGME competencies outlined in Section 15 (Educational Program & ACGME Competencies); sitting for and passing Part III of the USMLE or COMLEX prior to completion of PGY 1 level of training; and full compliance with the terms of the Agreement of Appointment. A Resident/Fellow who is in remediation or on probation will be promoted at the discretion of the PD. If the decision is made to promote the Resident/Fellow, the probation remains in effect until the terms and conditions are met. Residents/Fellows will not promote while under suspension or during an appeal and hearing process. 20.2 Program Completion Each Residency/Fellowship training Program will have specific criteria for satisfactorily completing the entire program as well as each level (year) of training. These criteria will, at a minimum, meet the criteria necessary for certification by the appropriate medical specialty board. The criteria may be more rigorous than the criteria set by the specialty board, at the discretion of the PD. A Resident/Fellow who successfully completes a program’s specified requirements will be issued a Certificate of Completion. Prior to leaving their training Program, or being eligible to receive a Certificate of Completion, each Resident/Fellow must return his/her ID badge, pager, call food card, parking sticker, complete all medical record charts, procedure logs, duty hours and evaluations. Residents/Fellows pursuing an appeal or hearing of a proposed corrective action will not be issued a Certificate of Completion until the status is resolved. 21. CORRECTIVE ACTIONS, SUSPENSION AND TERMINATION 21.1 Categories and Criteria Criteria for corrective action, suspension or termination may include but are not limited to: a. b. c. Academic i. unsatisfactory performance based on in-service examinations, quizzes, and/or oral/written examinations and evaluations; ii. failure to show expected rate of improvement in fund of knowledge; or iii. unsatisfactory participation and/or performance in conferences. Clinical i. unsatisfactory acquisition of clinical or technical skills; ii. unsatisfactory performance in the clinical setting; iii. deviation from the professional standard of care; iv. provision of care without appropriate staff supervision; or v. if the safety of the patients is threatened. Administrative i. misconduct; ii. violations of institutional and/or program policies and procedures or those of an affiliate; iii. unsatisfactory completion of charts or other deficiencies or delinquencies of the medical record; iv. unexcused absences; v. if Resident/Fellow is impaired, intoxicated or shows evidence of substance abuse; vi. if Resident/Fellow is convicted of a felony or a crime that could have an adverse effect on the reputation of CMH or an Affiliated Hospital; vii. if Resident/Fellow shows unethical or unprofessional behavior; viii. if Resident/Fellow shows insubordination; ix. if Resident/Fellow harasses staff or personnel including sexual harassment or racial/ethnic discrimination; x. if Resident/Fellow is unable to perform the essential duties regularly required of all trainees in a program; or xi. if Resident/Fellow is placed on the excluded providers list maintained by the Federal Government. The program can site multiple criteria within a single category and/or deficits in more than a single category when dealing with corrective action, suspension or termination. Page 42 of 49 Last Updated: 7/1/2013 21.2 Authority The authority to propose or initiate a corrective action, suspension or termination is reserved to specific officials of the Hospital and Sponsoring Institution. They are: a. b. c. d. the PD the Chair of the Department/Division Director; the Chair of GME; and/or the Vice Chair of GME. In the event that patient welfare is jeopardized by the Resident/Fellow, the PD or an Associate PD, in the absence of PD, is empowered to suspend a Resident/Fellow from clinical activity, pending a hearing. The Chair of GME, Vice Chair of GME and applicable Department Chair will be notified immediately of a suspension from clinical activity. Depending on the situation, the corrective action may be or may not include verbal warning, a written warning, mandatory counseling, remediation, probation, administrative leave, suspension, non-renewal or termination of the Resident’s/Fellow’s Agreement of Appointment or other corrective action as determined by the PD. 21.3 Reporting Obligations The Hospital and Sponsoring Institution will comply with the obligations imposed by state and federal law and regulations to report instances in which a Resident/Fellow is subject to corrective action for reasons related to alleged mental or physical impairment, incompetence, malpractice or misconduct, or impairment of patient safety or welfare. Probation will be reported to various boards when required. When remediation results in an extension of training or further corrective action, it will become part of the permanent record. Successful remediation will not be part of the Resident/Fellow’s permanent record.. 21.4 Remediation Remediation is the process in which the Program faculty works with a Resident/Fellow judged to be performing at a less than satisfactory level of work to identify, understand, and correct the cause(s) for the Resident’s/Fellow’s deficiencies. The process can include the repetition of rotation/educational units or the extension of training. All remediation must be in compliance with the appropriate RRC of the specialty in question. Residents/Fellows who disagree with the remediation plan, may contact the Chair of their Department within 5 working days. The decision of the Department Chair is final. 21.5 Probation Placing a Resident/Fellow on probation is another corrective action that may be taken by a program. Probation identifies a Resident/Fellow as requiring more intensive levels of supervision, counseling and/or direction than is required of other Residents/Fellows at the same training level in the same Program. Placement of a Resident/Fellow on probation implies that the Program will be responsible for documenting the necessary increase in staff supervision, counseling and evaluation that will allow the Resident/Fellow to address the deficiencies, if possible. Unlike other corrective actions which occur at the Program level, placement on probation also serves to notify the GME Department that the Resident/Fellow is experiencing difficulty in the training Program. A corrective action that includes probation is reviewed by the Medical Staff Education Committee as outlined in Section 21.8 (Due Process). 21.6 Suspension Suspension is the revocation of any or all of a Resident’s/Fellow’s clinical, academic, and/or administrative privileges, rights and/or responsibilities. A period of suspension is intended to: a. b. allow a full investigation of an alleged complaint, problem or incident; or allow the Resident/Fellow an opportunity to definitively address significant, persistent, or recurrent deficits in his/her performance or behavior that, if uncorrected, would prevent his/her successful completion of the Program. Terms and Conditions Page 43 of 49 Last Updated: 7/1/2013 At the end of the initial period of administrative leave following notice of suspension, during the meeting to review the corrective action with the Resident/Fellow, they will be informed of: a. b. c. d. e. f. the specific deficits in performance or behavior that are considered the cause(s) for the suspension; the specific clinical, academic and administrative duties and activities from which the Resident/Fellow is to be suspended; the specific length of the suspension; the specific steps that must be taken to correct the cause(s) for the suspension; the right of the Program and Institution to pursue termination of their appointment should the cause(s) for the suspension persist; and the provisions for due process and the right of the Resident/Fellow to pursue an appeal and hearing. Once a suspension is imposed, the PD will meet with the Resident/Fellow on the last day of the specified period of suspension and advise him/her of the resolution of the suspension. There are three possible resolutions: a. b. c. the Resident/Fellow is allowed to return to duty; the Resident/Fellow will be proposed for termination; or the Resident/Fellow may be placed on a leave of absence until appropriate treatment or therapy has progressed to the point that he/she can return to duty. Such leave of absence will commence on the last day of the period of suspension. The Hospital and Program policies with regards to leaves of absence will apply. Should treatment or therapy be incomplete or unsuccessful, the Resident/Fellow may be proposed for termination. Limitations a. The maximum cumulative time that any one Resident/Fellow may spend on suspension is 30 days during their Program length of training. b. The maximum number of suspensions for a given Resident/Fellow is one (1). c. Residents/Fellows exceeding these limits will be proposed for termination. d. A corrective action that includes suspension is reviewed by the Medical Staff Education Committee (MSEC). 21.7 Termination Termination is the severance of an appointment to the Resident/Fellow and of all obligations of and benefits to the parties of the Agreement of Appointment, excepting those specifically identified below. Residents/Fellows who are proposed for termination will be placed on suspension and relieved of all Program duties and activities pending final resolution of their status. At the end of the initial period of suspension following notice of proposed termination, during the meeting to review the proposed corrective action with the Resident/Fellow, they will be informed, in writing, of: a. the specific deficits in his/her performance or behavior that are considered the cause(s) for the proposed termination; b. the effective date of the proposed termination, after the initial notification of the proposed corrective action and initiation of administrative leave; c. the continuation of their administrative leave pending final resolution of the Resident’s/Fellow’s status; and d. the provisions for due process and of the right to appeal and have a fair hearing. The Resident/Fellow proposed for termination will: a. receive his/her stipend (salary) up to the effective date of the termination; b. receive any and all health insurance and other benefits due as determined by the Policies and Procedures of the Hospital; c. have all electronic and clinical access suspended pending the review by MSEC; and d. continue to receive all compensation and benefits during any periods of administrative leave, or suspension, and during the period between notification of proposed termination and its final resolution. If after Due Process, the termination is finalized, the Resident/Fellow will: a. vacate any and all call rooms, laboratories, and/or office spaces provided by the Hospital, if any, on or before the effective date of the termination; Page 44 of 49 Last Updated: 7/1/2013 b. c. 21.8 return to the Hospital and Affiliates all property owned by it on or before the close of business on the effective date of the termination of their appointment; be billed for any monies owed to the Hospital and Affiliates including, but not limited to, activity fees, tickets and fees, fees for hospital and professional services, and/or library fees or fines. Due Process a. b. Medical Staff Education Committee The following procedure will apply if the corrective action includes probation, suspension, or termination of the Resident/Fellow. i. The PD will notify the Department Chair, the Chair of GME and/or Vice Chair of GME to apprise them of the action taken. ii. The PD, within 5 weekdays, shall notify the Chair of MSEC who will convene (as defined in the Medical Staff Bylaws) which shall meet within 5 week days. The MSEC by a majority vote may decide: iii. To take no further action but approve the action taken by the PD; or iv. To change the corrective action which may include a written warning or remediation plan, placing the Resident/Fellow on probation, suspending the Resident/Fellow, determining that unsatisfactory rotation/educational units must be satisfactorily repeated, non-renewing an Agreement of Appointment, terminating a Resident/Fellow, or other actions as agreed upon by the MSEC. v. The MSEC will send a letter to the Resident/Fellow within 5 weekdays regarding the actions of the committee with a copy to PD and to the Chair of GME. Appeal Process In the event the Resident/Fellow disagrees with the decision of the MSEC, the Resident/Fellow has the option to appeal the decision in writing within 5 weekdays, and appear in person before the Residency Program Committee (“RPC”). i. ii. iii. c. 39 39 RPC Membership o Two members of the clinical faculty selected by the Executive Medical Director* (Voting Members) o A PD selected by the Executive Medical Director (Voting Member) o A Resident/Fellow selected by the Resident/Fellow (Voting Member) o A clinical faculty member selected by the Resident/Fellow (Voting Member) o The applicable Department Chair (Voting Member) o The Chair of the MSEC or his/her designee (Non-Voting Member) o The Chair of GME or Vice Chair of GME will attend the hearing as an impartial observer or a witness depending on the situation. o In the absence of the Executive Medical Director or his designee the Chair or Vice Chair of GME will perform his/her duties. o The Executive Medical Director reserves the right to modify the membership to assure the integrity and impartiality of the hearing committee. o No member of the committee shall have been personally involved in the events that led to the proposed corrective action or have any other interest that would affect the objectivity and fairness of the hearing. Chair - The Chair is to be elected or appointed by the committee from among the medical staff members on the committee. Quorum - A quorum consists of the majority of the voting-members present with at least one Resident/Fellow and two faculty representatives. Hearing Process The hearing before the RPC shall take place within 20 weekdays of the notification to the Resident/Fellow. Written notice of the time and location of the hearing will be sent to the Resident/Fellow at least 10 weekdays prior to the hearing. The Resident/Fellow is required to attend the hearing and present his/her views on the matter that resulted in corrective action. The Resident/Fellow will be allowed to present evidence to the RPC. The Resident/Fellow may bring witnesses to the hearing and may be represented by legal counsel or another representative. The ACGME Institutional Requirements, II.D.4.e) Page 45 of 49 Last Updated: 7/1/2013 Resident/Fellow must inform the RPC in writing of the names of any witnesses and representative/counsel. If the Resident/Fellow chooses to be represented by legal counsel the person presenting information to the RPC on behalf of the MSEC also has the right to be represented by legal counsel at the hearing, and will notify the Resident/Fellow of counsel’s attendance at least 5 weekdays prior to the hearing date. The Resident/Fellow and the PD may remain while the hearing takes place but must leave when the RPC starts the deliberations. The RPC Chair will inform the Resident/Fellow that he/she cannot contact any member of the committee regarding the deliberations or decision unless the RPC Chair states otherwise in the decision. All communication will only come from the Chair of the RPC. Any violation of this requirement may result in immediate termination of the Resident/Fellow without any further notice. i. ii. iii. iv. v. vi. vii. 21.9 The RPC may conclude that no corrective action was warranted when there is proof that the Resident/Fellow was falsely accused or where GME policy has not been followed. In such situations, the Resident/Fellow will be reinstated immediately and the RPC will make non-binding recommendations to the Chair or Vice Chair of GME regarding any follow up that should take place either regarding the process followed by the GME Department or the Resident/Fellow. The RPC may affirm the corrective action of the PD. The RPC can determine that corrective action was warranted, but disagree with the action taken, define points of disagreement with the action taken, determine a plan for remediation that has not yet been undertaken and detail the actions required by the Resident/Fellow to bring about a conclusion of the remediation program. All communication to the Resident/Fellow will be copied to the PD and the Chair or Vice Chair of GME. The decision of the RPC is final. If the Resident’s/Fellow’s program is sponsored by UMKC School of Medicine, the PD will inform the DIO at UMKC of the suspension/termination for a process review by the UMKC GMEC. If UMKC GMEC finds that the due process was not followed, the RPC will reconvene to follow the due process appropriately. Complaints by the Resident/Fellow of illegal discrimination or harassment are processed through the Hospital’s Human Resources Department. Voluntary Withdrawal from a Program Consistent with Hospital policy and applicable state and federal law, the Resident/Fellow proposed for corrective action may voluntarily withdraw from a Program at any time after the initial notice of the proposed action, or at any time up to the actual commencement of the appeal hearing. 22. GRIEVANCES Residents/Fellows are encouraged to seek resolution of grievances relating to their appointments or responsibilities, including differences with the Sponsoring Institution, Program, Hospital or any representative thereof. The Sponsoring Institution ensures the availability of procedures for redress of grievances, including complaints of discrimination and sexual harassment, in a manner consistent with the law and with the general policies and procedures of the Hospital and the Sponsoring Institution. The grievance process is available to all Residents/Fellows in CMH programs. 22.1 Grievable Matters Grievable matters are those relating to the interpretation and application of, or compliance with the provisions of the Agreement of Appointment, the policies and procedures governing graduate medical education, the general policies and procedures of the Hospital, or Sponsoring Institution. Questions of capricious, arbitrary, punitive or retaliatory actions or interpretations of the policies governing GME on the part of any faculty member are subject to the grievance process. 22.2 Non-Grievable Matters Actions on the part of the Hospital or Sponsoring Institution based solely on administrative consideration policies and procedures (except regarding corrective action, non-renewal or termination covered by the procedures under the corrective actions, suspension and termination guidelines in Section 21) are not subject to interpretation and are therefore not grievances. Page 46 of 49 Last Updated: 7/1/2013 22.3 Grievance Procedures 40 Residents/Fellows who feel they have been treated unfairly or have complaints are encouraged to use the following procedure: a. b. c. d. Discuss the problem with the appropriate faculty Physician and/or Chief Resident when applicable as soon as possible, usually within 30 days of the event. If the problem is not resolved under step a, the Resident/Fellow should contact the PD. Except in unusual circumstances, the Resident/Fellow shall put the complaint in writing. Confidentiality, to the extent feasible, will be maintained. The Resident/Fellow shall be informed of the result of the PD’s investigation. In the event that the Resident/Fellow has an unresolved grievable complaint with the PD, they need to contact the Chair or Vice Chair of GME. If the matter is still unresolved after steps a and b, the Resident/Fellow may request that the MSEC consider the matter. The request should be submitted to the Chair of the MSEC in writing after the determination under step a & b. If the matter is still unresolved after step c, the Resident/Fellow may submit the complaint in writing to the Executive Medical Director, who will meet with the Resident/Fellow and make a final decision. Any Resident/Fellow who feels he cannot use the above procedure should contact the Hospital Human Resources Department for confidential assistance. A Resident/Fellow will not suffer adverse consequences for making a complaint or taking part in the investigation of a complaint. Residents/Fellows who knowingly allege a false claim shall be subject to correction actions, suspension and termination. The Hospital will make appropriate arrangements to assure that disabled persons can make use of this grievance process on the same basis as the non-disabled. Such arrangements may include, but are not limited to, the provision of interpreters for the deaf, providing taped cassettes of material for the blind or assuring a barrier-free location for the proceedings. 40 ACGME Institutional Requirements, II.D.4.e) Page 47 of 49 Last Updated: 7/1/2013 Addendum to the GME Policy and Procedures Manual 6-4-14 With the exception of the outlined policies below, the Pediatric & Congenital Cardiovascular Perfusion Fellowship (PCCP) will follow the procedures and policies outlined by the Department of Graduate Medical Education (GME). One overarching difference is that the governing department for the Pediatric & Congenital Cardiovascular Perfusion Fellowship is the Ward Family Heart Center. In all instances where GME plays a role in implementing policy, this function will be carried out by Heart Center leadership. 4. Selection 4.1 Eligibility d) Applicants to the Pediatric & Congenital Cardiovascular Perfusion Fellowship training program must meet the following qualifications to be eligible for appointment as a Fellow. i. graduate of an accredited cardiovascular perfusion education program by the Accreditation Committee for Perfusion Education (AC-PE) of the Commission on Accreditation of Allied Health Education Programs (CAAHEP). ii. eligible for American Board in Cardiovascular Perfusion certification and Missouri State Board of Healing Arts License as a perfusionist (either provisional or full). iii. possess a Master's of Science in Perfusion/Perfusion Technology or a doctorate or master's degree in a related field with 5 years clinical experience as a clinical perfusionist. iv. must have a desire for a career in pediatric & congenital cardiovascular perfusion with emphasis in quality improvement, research, and publication. 4.2 Application Applicants must submit supporting credentials directly to the PD or Program Coordinator (PC). These include: a. application form (Program application or the GME application); b. letters of recommendation; c. perfusion school transcript and/or master's/doctorate degree transcript; d. personal statement; e. ECFMG status report and copy of ECFMG certificate (for graduates of foreign medical schools); and f. curriculum vitae. 5.5 Stipend (Salary) and 5.6 Benefits Salary and benefits for the CPPC Fellow will be coordinated with Human Resources. No additional benefits are available except those offered to regular employees of Children’s Mercy. 6.6 Records Management The Heart Center will be responsible for maintaining records related to Fellow academic program participation, completion, and licensure. The required elements of the Fellow file should include: a. agreement of appointment; b. perfusion license; c. DEA certification (if applicable); d. ECFMG certificate (for graduates of foreign medical schools); 7.5 j. Pediatric & Congenital Cardiovascular Perfusion Fellowship: Leaves of absence and vacation may be granted to Fellows at the discretion of the PD. A fellow must not be absent from the training program for more than 4 weeks (20 working days) annually. Regardless of institutional policies regarding absences, any leave time beyond 4 weeks would need to be made up or extend the length of training by arrangement Page 48 of 49 Last Updated: 7/1/2013 with the PD. "Leave time" is defined as sick leave, vacation, or maternity/paternity leave. Fellow may not accumulate leave time or vacation to reduce the overall duration of training. 7.6 Other Benefits No additional benefits are available accept those offered to regular employees of Children’s Mercy. Page 49 of 49 Last Updated: 7/1/2013
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