NOTICE OF PROPOSED REGULATION
Date: February 15, 2006
REGULATION TITLE: REGULATION NO.:
College of Medicine Resident Policies 6C1-5.0761
SUMMARY: The amendments incorporate current language concerning the status of resident
physicians. The changes indicate that policies concerning fringe benefits, leave, and outside
employment will be incorporated into the resident contracts rather than in the regulation.
AUTHORITY: BOG Resolution dated January 7, 2003
COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Executive Secretary, 123 Tigert Hall, Post Office Box 113125, University
of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Dr. Douglas
Barrett, Sr. Vice President for Health Affairs
THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
DEP ATMENT OF EDUCATION
DIVERSITYN OF FLORSIDATIES
UNIVERSITY OF FLORIDA
6C1-5.0761 Universi y of Florida College of Medicine Resident Policies; rngBenefi ts
Leaves and Outside Employment.
(1) The College of Medicine interns, residents and fellows shall-consist of full-time or
part-time appointees in a program of graduate medical education within an academic department
in the College of Medicine who have the title of resident or fellow (hereafter referred to as
residents). They are also known as "house officers". These appointees areshall be graduates of a
Liaison Committee for Medical Education (LCME) or American Osteopathic Association
(AOA) approved medical degree program or have a valid certificate from the educational
commission for foreign medical graduates or have a full and unrestricted license to practice
medicine in a US licensing jurisdiction or be a graduate of medical school outside the US who
has completed a Fifth Pathway Program provided by an LCME accredited medical school and be
enrolled in postdoctoral training within a selected area of specialty. Appointments are usually on
a twelve month basis and compensation is usually from Other Personal Seniees (OPS) funds.
Shorter periods of appointment may be appropriate under some circumstances. Graduates oe
foreign medical schools must have all appropriate documentation, examination results and
immigration ,states. Salaried residents shall be entitled to fringe benefits, and abide by leave
provisions and policies governing outside employment/activity as described in their resident
(2) The position of the resident (the term resident applies to interns, residents and
fellows) presents the dual aspects of a student in post-graduate training and a participant in the
delivery of patient care. A resident's continuation in the training program is dependent upon
satisfactory performance as a student and the maintenance of satisfactory professional standards
in the care of patients. Behavior that reflects poorly on the professional standards, ethics and
collegiality are al components of a resident's academic evaluation. Disqualification of a resident
as a student or as a member of the health care team disqualifies the resident from further
continuation in the program. Policies and procedures for discipline, grievances, nonrenewal, and
dismissal shall be as set forth in the resident contract.
(2) Fringe Benefits. Residents are eligible to receive benefits from life, disability and
health insurance programs provided by the College of Medicine resident fringe benefit program
and will remain covered under the health, disability and life insurance policies while on
-(a) Screeninig of residents for infectious diseases, prophylaxis/treatment for exposure to
communicable disease and immunizations shall be provided directly by the College of Medicine
or through arrangements with other health providers. All residents are required to have
documentation of immunity to measles, mumps, hepatitis B, varicella and rubella, and to have an
annual tuberculosis skin test. Residents shall be required to comply with the infection control
policies and proeedures of the facilities where their resident rotations occur.
(a) General Policies. Residents shall be entitled to leave with pay for the purpose of
annual and sick leave depending upon the length of appointment during the academic year July 1
thr'togh IIrnn 3i0i nn. flcr-ihl in A n w tinn, I cnvn w4ll hn wrnntcl nnd Chnrgnfl in e nnc tlonnav
increments for each workday of leave requested and approved.
i1. If specialty board regulations for annual and sick leave accrual and usage differ from
that outlined in this rule, written notification of the board policy shall be completed by the
program director (PD) and submitted to the Dean for approval. The confirmation of the board
policy will be maintained in the respective department and the Office of the Dean.
2. The total maximum time a resident can be away from a program in any given year or
for the duration of the residency program shall be determined by the requirements of the
specialty board involved. If leave time is taken beyond what is allowed by the University or the
applicable specialty board, the resident may be required to extend the period of activity in the
Program accordingly in order to fulfill the appropriate specialty board requirements. The
resident will be paid for makeup or extended time if funds are available. However, residents are
not automatically entitled to additional training beyond the prescribed number of years in order
to achieve board eligibility in the designated specialty. Any such extension of the residency and
the required funding must be consistent with the specialty board requirements and be approved
3. 1--Unused sick and annual leave are considered non payable leave, and there i- no
entitlement for lump sum payment for unused leave upon separation or completion of training.
4. All absences must be approved by the PD.
(b) Types of Leave
1. Sick Leave
a. All residents shall accrue sick leave at the rate of ten working days per year of full
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b-. DResidents shall be entitled to utilize sick leave for personal illness. Sick leave may
also be used for serious illness v or death in the immediate family (spouse, parents, brothers,
sisters, children, grandparents, and grandchildren of both resident and spouses The number of
days allowed will be determined by the PD.
c. When sick leave is taken, such leave shall be reported when used on the appropriate
4- igir l'nmrx mn o nrlrnnrl n r' rln nnrhnZrt-nnnt P' 'wn''tor"l "rx'rin' T
amount 0t aflvancefl sice leave will not exceel that wmhch can cn e eamnel Juring te remnainner Ot
e. Sick leave which has been granted and used but not earned by the resident at the
time of separation from the academic department will require an appropriate reduction for the
value thereof in the final stipend payment.
f Residents may not carry over unused sick leave to a new academic year.
2. Annual Lea-ve
a. All residents shall accrue annual leave at the rate of fifteen working days per year of
full employment. Residents may be permitted to carry over unused annual leave to a new
academic year, if it is consistent with depatmental policy and approved by the PD. An xcess of
twenty five (25) workdays cannot be accumulated.
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-d. -Annual leave may be advanced to residents propo.ionate to expected service. Th.
amount of advanced leave will not exceed that which can be earned during the remainder of the
e. Annual leave which has been granted and used but not earned by the resident
member at the time of separation from the academic department will require an appropriate
r-eduction for. the value thereof in the final stipend payment.
3. -Milita'y Leave. Absences for tempera. y military duty (e.g., two week annual
training) nmay be taken from annual leave or if insufficient annual leave is accumulated, the
I feMfls 1L IIIen L mttst e.. p1 a VV1L11JL enj ea-v e wtII etIS-fp.IIa. f si IL aet LI V eLm. I VIII I U V t Le
aetiv dtit st u, th r-esdefitwillr-eeeve thi~y (0) dys flll pa befre gang anleav
wiot pay. inrance p ies wi remain in e r aepenans uig pe o ac
for one year. Additional extensions require special approval from the Dean of the College of
4. Holidays. Residents shall be entitled to observe all official holidays designated by
the Department of Administration for state employees except when they are on call for clinical
responsibilities. Residents on Veterans' Administration Medical Center (VMA C) rotations shall
be entitled to observe all official holidays designated by the federal government for Veterans
Administration employees except when they are on call for clinical responsibilities. When on
duty or call for clinical responsibilities on designated holidays, this assignment will be
considered as a part of the residency and will not result in extra remuneration.
5. Leave of Absences.
a. Educational Assignment: Residents shall be eligible for leave of absence with pay
peraining to education provided it is allowed by the appropriate board and approved by the PD.
b. Licensure Examination Leave for residents taking American specialty board and
state licensure examinations will be authorized for compensated leave of absence at the
discretion of the PD. The leave will not exceed the time actually required for taking the
examination and for travel to and f.rom the place of examinations. Only one licensure and one
specialty exam shall be authorized per resident. Any additional absence will be charged to
annual leave or leave without pay if annual leave is not available.
6. TLeave of Absence Without Pay.
a. Requests for- maternity and paternity leave, or any other type of leave of absence
without pay must be submitted to the PD for approval. The duration of maternity leave befor-
and/or after delivery will be determined by the resident and her physician in consultation with
b. Leave of absence without pay for greater than six months will be unusual and
require special approval by the PD.
c. Accmed annual and sick leave may be used prior to the resident being placed Eon
leave without pay. Residents taking leave without pay can only ues hours accumulated prior to
the leave request; hours not yet accrued cannot be advanced since he/she will not earn leave
while on leave without pay. The date of leave begins after annual and sick days are used.
d. In special circumstances, leave may be granted for residents involved in adoption
with the advance approval of the PD.
e. The resident must submit in writing the request for leave of absence without pay for
approval by the PD and the Director of Graduate Medical Education (DGME). The letter must
contain the purpose of the leave of absence; the period of leave to be taken; if an extension is
needed, the resident must write a new letter indicating the new date of return; acknowledgement
tat tne acaaelmic department will cover tVe insurance boenelt tor two to ix montns ater which
1 1 1
time me resent may purenase sucn coverage
for a time period consistent with COBRA
regulations; acknowledgement that the residency program may be extended by the amount oe
time taken as leave, as required by the Specialty Board.
:7. Leave of Absence With Pay.
a. Under special circumstances consistent with a medically documented illness or
disability, an approved leave of absence may be requested for a period not to xcood six months.
b. During such an approved leave of absence, eligible residents will continue to receive
salay and all fringe benefits. Onc long te-m disability coverage begins, the resident will be
Lakenl Uai opayioin UUL utefiCiU will 0iLIU lulUp Lu lx oiHuIL. AIfer- IS Mx IIoiunt, Lte ieCMueiiL
may purchase such coverage for a time period consistent with COBRA regulations.
c. Leave begins after annual and sick days are used. At the discretion of the PD,
annual leave and sick leave may be advanced to a resident propo-ionate to expected service but
cannot exceed that which can be earned during the remainder of the academic year.
d. The resident must submit in writing the request for leave of absence with pay for
approval by the PD and the DGME. The letter must contain the purpose of the leave of absence;
period of leave to be taken; if an extension is needed, the resident must write a new letter
indicating the new date of return; and acknowledgment that the residency program will be
extended by the amount of time taken as leave, as required by the Specialty Board.
e. Upon a resident's return from leave, a Return to Work Notification letter must be
written to the DGMEh by the PD indicating that the resident has returned, the date of the return,
the status of the resident's return to work and a statement regarding the resident's ability to
resume the duties of the position.
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8. Leave Requeists- Approval and Record Keeping. Residents have the responsibility
of keeping their department informed of all leaves and obtaining the required approval from the
PD. Each academic department i responsible for maintaining actual leave accruals. The leave
records should indicate when the resident is on a Veterans Affairs Medical Center (VMAC)
rotation and accmrals and usage should continue to be recorded by the department. When a
resident takes leave while on a VA4C rotation, a deduction should be made from both sets of
9. Outside Employment. In order to guarantee residents a full educational experience,
the following policy regarding outside employment shall apply.
a. All residents must adhere to State University System Guidelines regarding outside
activities/outside employment, conflict of interest, and additional compensation. Such outside
activity includes private practice, private consultation, or other employment outside State
government which is not part of assigned University duties and for which the University
provides no compensation. Each program must have rules regarding outside and extracurricular
activity which meets their specialty board requirements and University of Florida College of
Medicine policy. Each program's mules regarding programmatic and nonprogrammatic
professional activity must be reviewed by the Graduate Medical Education Committee (GcM C).
A summary annual report of nonprogrammatic and programmatic professional activities of
residents must be provided by the PD to the GMEhC.
b. Any professional activities which are outside the established educational program
must not interfere with the residents' educational process or quality care of patients. Programs,
departments and services will be responsible for enforcement of this policy. Violation may lead
to immediate dismissal. Residents may not be required by their Programs to engage in outside
activities. There are two usual categories of outside activity:
i-. Programmatic Activity: These activities arc initiated by departments to provide
clinical experiences which often are not afforded within the standard curriculum and which
usually occur at non campus health care affiliates. Supplemental Salar' income is provided by
the University to residents who participate in programmatic activities. A contractual agreement
between the College of Medicine and sponsoring health care facility for programmatic outside
activity must exist, with a copy sent to the GMEC. Compensation for this activity must be
directed to the appropriate department for payment to participating residents. Such opportunities
will be available to qualified residents without restrictions. All residents participating in
programmatic outside activity must sign a Programmatic Professional Activity form (also called
Certification for Special Duty), FA PR XDHC/10 91, incorporated herein by reference and
which can be obtained from the appropriate Dean's Office for the College of Medicine. This
must be signed by the Chair- or- PD and Dean or- appropriate Dean's designee, or- for- Jacksoniville
r-esidents, the Associate Chair- or PD and the Senior- Associate Dean for- Jacksonville Proegr-ams or
appropriate Senior Associate Dean's designee.
Hi. Non Programmatic Activity: These activities are initiated by the resident and do not
involve any agreement between the College of Medicine and the outside employer. The College
of Medicine and the University take no responsibility for any action or problem arising from
professional activities which are initiated by the resident and do not involve any agreement
between the College of Medicine and the outside employer. Programs have total authority to
decide whether Nonprogrammatic activities are allowed in keeping with their specialty board
guidelines and cuariculum. Nonprogrammatic activity of residents by the Gainesville Veterans
Affairs Medical Center is included in this policy
Insurance coverage nor is there University Workers Compensation coverage while engaged in
nonprogrammatic activity. All residents participating in Nonprogrammatic Outside Activity
must complete a NeapnPrormmatc Professional Activity Form, May 2001, incorpor-ated herein
by reference and which can be obtained from the appr-opriate College of Medicine Dean's Office,
that stipulates that the resident understands that the activity is not a College of Medicine
employment duty; that the resident is fully responsible for malpractice coverage, workers
compensation and other- insurance; that the resident has m1ade it clear to their outside employer orF
other recipient of senicee that they are not engaging in suc h outside activity a an employee,
agent, or spokesperson of the University of Florida, or the State University System; that the
resident understands and agrees that the University of Florida has no obligation, responsibility or
liability for any injury or harm incurred during the performance of or a result of the outside
activity. This form must have approval and signature by the Chair, Associate Chai:r or PD and
the Dean of the College of Medicine or his designee.
Specific Authority: BOG Resolution dated January 7, 2003 240.227(1) FS.
.Law Implemented 210.22-7(5) FS.
History--New 5-18-92, Amended 6-28-98, 7-3-01,
The r-esid I I Qvided with