Policy of the Graduate Medical Education Committee
Section: Resident Supervision/Work Environment
Subject: Moonlighting and Malpractice Insurance Coverage While Moonlighting
Number: 3.300
Date
Developed:
3/94
Purpose
To define
moonlighting, the procedures for approval of moonlighting, and the resident’s
responsibility regarding malpractice insurance coverage while moonlighting.
Definition
Moonlighting
is defined as any voluntary, compensated professional activity arranged by an
individual resident, which is outside the course and scope of the
approved training program. For
purposes of accreditation, ‘moonlighting’ covered by this policy is ‘external
moonlighting’, which is outside the University of Arkansas for Medical Sciences
(UAMS) system. (UAMS system includes
the participating teaching hospitals.)
Policy
Residents must not
be required to moonlight, and PGY-1s are not allowed to moonlight. Because
residency education is a full-time endeavor, moonlighting by residents in
clinical activities is discouraged. The Program Director and the individual
resident must closely monitor moonlighting to ensure compliance with the 80-hour
rule and to ensure it does not interfere with the resident’s ability to achieve
the goals and objectives of the educational program.
If a resident is no
longer performing satisfactorily in the program, the Program Director may
withdraw the permission to “moonlight”. In the event permission to “moonlight”
is withdrawn by the Program Director, the obligation to notify an outside
employer is the responsibility of the resident who established that employment
relationship and not the responsibility of the Program Director or the
Professional
liability coverage (malpractice insurance) provided through UAMS is provided
only when on official duty and does not cover “moonlighting” activities.
The practice of
medicine without a valid medical license is a direct violation of the State of
Nothing herein shall be construed to prohibit or to require a
license with respect to any of the following acts:
(7)
The rendering of services by students, interns, or residents in a
licensed and approved hospital having an internship or residency training
program approved by the American Medical Association or the State Board of
Health or the United States Government;
It is the
responsibility of the clinical facility hiring the resident to moonlight to
determine whether such license is in place, adequate liability coverage is
provided, and whether the resident has appropriate training and skills to carry
out assigned duties.
Residents who 1) moonlight without
written approval of the Program Director, or 2) continue to “moonlight” after
the permission to do so is withdrawn, or 3) use the UAMS Medical Center’s or
Arkansas Children’s Hospital’s DEA number while moonlighting will be subject to
dismissal from the program.
In order to be
eligible for moonlighting activities, the resident must:
1.
Submit a
request to moonlight to his/her Program Director;
2.
Obtain
prospective, written permission from the Program Director.
This written permission must be contained in the resident’s file and
state the following: “the resident’s performance will be monitored for the
effect of moonlighting activities upon performance and that adverse effects may
lead to withdrawal of permission”;
3.
Obtain a
valid Arkansas Medical License;
4.
Obtain a
malpractice insurance policy that will cover the activity to be performed
outside the training program, or ensure that the employing facility provides
adequate insurance coverage to protect the outside professional activities; and
5.
Obtain
his/her personal DEA number in the event Schedule II drugs are prescribed.