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The New Zealand Medical Journal

 Journal of the New Zealand Medical Association, 22-November-2002, Vol 115 No 1166

Time to revisit Ashburton? Junior hospital doctor employment in New Zealand 1985–2002
Canterbury District Health Board RMO Advisory Committee and Stephen Child
The death of young Libby Zion in a New York teaching hospital in 1984 led to a grand jury review of hospital processes in that city. Although the precise cause of death was never established, the grand jury’s attention became focussed on the hours worked by junior doctors.1
Whilst some claimed that the grand jury had confused professional incompetence with hours worked, it was recognised that change was necessary.2 A review of sleep deprivation studies by Asken and Raham had supported the common-sense expectation that fatigue could impair performance. With few exceptions, behavioural and psychomotor performances deteriorated with sleep deprivation, and psychological and emotional indices deteriorated even more.3 At the time of the study, some junior doctors were working up to 60 hours (a weekend on call) without sleep.
Throughout the world, these long hours were customary. How did they come about? In 1988, Asch and Parker summarised some of the prevailing explanations. “Some believe the tradition is maintained by inertia, in a bow to medicine’s historic foundations. Others believe that it is a rite of passage that tests residents’ worthiness. Still others claim that the long hours are essential to proper training – that an understanding of the evolution of many acute cases can be gained only through the observation of affected patients over time. Finally, some argue that residents are an elastic source of physician labour and that extended hours are a concession to the economic realities of fiscal temperance.”2 As long as juniors looked after patients, the senior doctors could devote more time to their private practice or research, without losing control over their patients.4
The Libby Zion case catalysed dramatic changes in the practice of clinical medicine in America and around the world. The magnitude of its impact has been likened to that of Karen Quinlan’s persistent vegetative state.5 Controversy persisted with the legal actions resulting from the case and with the Bell Commission of Inquiry that followed. The medical system was severely criticised. The State of New York legislated to limit junior doctors’ working hours and enforce adequate supervision with defined lines of responsibility. (General Surgery programme directors refused to comply and were eventually granted an exemption.5)
As a result of this legislation, the average hours worked by that State’s junior doctors declined within two years from 105 to fewer than 80 hours a week. “Work hour limitations and augmented supervisory requirements changed the patterns of training...with uncertain impacts on the quality of education and patient care.”5 There was a substantial augmentation in the number of trainees – Internal Medicine and Paediatric trainees increased by 20–30%, in contrast to General Surgery where the numbers shrank by 2.5%.5
The actions that became focussed on working hours remain to this day as the single biggest pressure on hospital services and a powerful stimulus for change.6,7

Change in New Zealand

The winds of change soon reached New Zealand – with gale force. In 1985, the so-called M10 determination changed forever the way in which junior medical officers (RMOs) were employed and remunerated.8 This change, from an annual salary with no restriction on hours worked, to salary bands based on hours worked with penalties for non-compliance, was a response to the general perception that RMO employment conditions were debilitating and stressful for junior doctors and potentially dangerous for patients. It must be noted that whilst some countries used legislation to initiate change, in NZ it largely came about through employer/employee contract negotiations.

The immediate consequences of changing hours of work

Within a year, RMOs’ working hours had dropped to an average of 57 a week and only 10% of house surgeons and 13% of registrars were working longer than 72 hours in any one week.9
The change was costly. Scott-Deloitte Ltd estimated that those compensatory payments necessitated by M10 added 50.4% to the basic salary in 1986 and that overall salaries for RMOs in Canterbury were 46% higher than before the change.10 (That these were high inflation years accounts for some of the rise.)

The Ashburton Workshop

There were insufficient staff to fill the new rosters, and service problems arose when the junior staff were no longer available to provide so much of the continuity of care, or hitherto high levels of service. These problems led to a workshop held in Ashburton in 1987,11 convened by Dr George Salmond (Director General of Health) and led by Professor Geoff Brinkman. The workshop identified the following problems:
  • a vast increase in junior doctor numbers;
  • rigid and uncritical use of medical practitioners both within the primary and secondary health care sectors;
  • failure to effectively utilise new technology and management techniques.

The immediate problems for hospitals were:
  • junior doctors had come to constitute 24% of the medical workforce, when the optimum for a balanced staff mix was considered to be 8–12% (reference source not identified);
  • the NZ hospital system had become structurally dependent on overseas graduates;
  • continuity of patient care was no longer usually provided by junior staff.

The positive changes from M10 for RMOs were acknowledged. Previous practice was considered exploitative and sleep deprivation possibly harmful to patients and doctors. It was believed that ultimately M10 would be the impetus for comprehensive change in the deployment of medical practitioners.
The workshop explored the pros and cons of options for the future. These options were:
  • renegotiation of roles with other health professionals, ie, nurses, technicians, clerical staff, pharmacists, physician assistants etc;
  • a greater role for general practitioners in hospitals;
  • increased numbers of Senior House Officers (the “do nothing” scenario);
  • the establishment of intermediate posts;
  • a greater service role for hospital specialists.

The long-term consequences

Increased staff demands In the intervening seventeen years, the “do nothing” scenario has prevailed to the extent that the “vast” increase in RMO numbers by 1987 pales in comparison with the increases that have followed (Figure 1). Factors other than the conditions of RMO employment have also increased the demands on all staff. These include increased numbers of admissions to acute hospitals, shorter stays and increased inpatient acuity.


CONTENT01.jpg
Figure 1. Total RMOs (registrars and house surgeons) employed in Christchurch


Imbalanced staff ratios The Senior Medical Officer (SMO)/RMO ratio has become inverted. Whilst the Medical Council and the Clinical Training Agency place increasing emphasis on the responsibility of SMOs for the supervision and training of junior staff, there are proportionally fewer of them to undertake these tasks. This illustrates how attention paid to the hours worked by one group can impair the effectiveness of others. Some SMOs feel close to the position taken by the surgeons in New York.
Inflexible employment Inflexible standard employment contracts for RMOs have been enforced on services whose functional characteristics are very different. This can have bizarre consequences. For example, a low-volume, high-acuity, largely elective service, can sometimes have more doctors than patients. This situation arises through attempts to attain roster compliance for out-of-hours hospital cover. The service-specific balances that are critical include:
  • the relative proportions of emergency and elective admissions;
  • high acuity/low volume or low acuity/high volume;
  • the ratio of inpatients to outpatients;
  • intensive care versus ambulatory care;
  • continuity of care versus continuity of carer.

Systems able to provide care 24 hours a day, seven days a week, with specific attention to the above particularities, together with congenial working conditions and good educational systems are complex design challenges. No single model is likely to suit all environments. Flexible types of employment will be necessary. For example, in emergency and intensive care departments, where the doctor–patient relationship is defined by acute rather than longitudinal needs, shift work makes sense.2
Inflexible working conditions The fixation on hours can make it difficult for hospitals to improve other important working conditions such as:
  • the balance between service and education;
  • educational facilities;
  • institutional and departmental recognition of trainee needs;
  • respect from other staff.

Loss of service tradition The tendency to abandon a professional tradition of service, for an industrial work ethic, seems to be encouraged by employment contracts based on hours.
Shift of workload SMOs believe that an “upward shift”12 of workload has occurred as continuity of care becomes increasingly provided at the consultant level. “In the early part of their career they [SMOs] worked long hours to maintain the service while their seniors had a pleasant lifestyle. Now they work long hours to maintain the service while their juniors enjoy a pleasant lifestyle”13 Anecdotes like this may be no more representative of reality than RMO feedback about seniors who never teach, but the observation provokes wry smiles.
Employment conditions There is full employment for RMOs, with the following conditions of service:
  • the salaries paid to full-time RMOs in Christchurch are summarised in Figure 2;
  • free hospital meals are provided for RMOs, but not for other staff;
  • full reimbursements are provided for vocational training expenses;
  • the limits on hours and rostering for RMOs include:
  • no more than 72 hours’ work in any seven day period;
  • must have every second weekend off work and cannot work more than 12 consecutive days;
  • no more than 16 hours in any consecutive period unless a special exemption is granted;
  • cannot be rostered off during week days.
  • leave provisions include:
  • 22 working days’ annual leave;
  • 48 working days’ sick leave provision for the first five years;
  • 12 weeks’ study leave across the training programme (maximum of six weeks a year in the year of the examination);
  • time in lieu for working any of the 11 public holidays.
CONTENT02.jpg

Figure 2. Christchurch RMO salary bands


Discontinuity of patient care To comply with these conditions, night and study leave rotators are required. Since someone else must provide relievers’ day duties, the discontinuity of patient care is increased. Dr George Dunea eloquently expressed the frustration experienced by SMOs with the frequent junior staff changes that result.14

Continuation of the “do nothing” scenario is not sustainable

To argue that continued augmentation of RMO numbers is the only way forward is to risk augmentation of the dysfunction that has been summarised above.
However, even if further augmentation is considered acceptable, is it feasible? As hours of work are reduced worldwide, all countries are seeking more RMOs. Hitherto, the UK has provided about one third of our junior staff. Mainly on temporary registration, these young doctors usually come for overseas experience and return to Britain for specialist training. However, in the UK an agreement referred to as ‘The New Deal on Junior Doctors’ Hours’ has been reached between the Health Departments and the British Medical Association. Eventually, a European Parliament statute called the ‘Working Time Directive’ (EWTD), will affect the working conditions of doctors. The New Deal provides premium rates of pay for junior doctors who work more than 56 hours per week – a change made in New Zealand in 1985. The ambitious aim in the UK is to attain an average of 48 hours a week for all doctors in salaried employment by 2009. General practitioners, who in the UK are independent contractors to the National Health Service, are responsible for their own and their employees’ working arrangements.
The New Deal, with its augmentation of RMO numbers may diminish our source of supply, although doctor dissatisfaction as a result of it could have the opposite influence.15 Note that the augmentation argued for in the Scottish report6 came about years ago in New Zealand.
Since it takes seven years to produce a new graduate, increasing the input of students to NZ medical schools is not a short-term solution. Hospital services may well have developed more effective skill mixes within that time. Postgraduate training must continue in proportion to the projected needs of the workforce rather than for the provision of labour.

A vision for the future

The issues raised here have received thoughtful consideration in Scotland. The report to the Minister, ‘Future Practice: A Review of the Scottish Medical Workforce’6 has a single conclusion – one that is equally applicable to New Zealand’s medical workforce: “The medical workforce in Scotland is under pressure. Service demand is rising and will continue to rise; the capacity to respond is already limited and will be further restricted as the Working Time Directive is applied across the workforce and as practitioners seek and expect less demanding hours of work. The service will only survive with change.
The report has ten key messages, summarised in Table 1.

Table 1. Key messages of the Scottish report6

1
The core service issue is the delivery of a 24-hour, acute care service for primary and secondary care.
2
We should plan for tomorrow and for the next 10 years.
A sound nationally led workforce planning process is essential, and must be informed by authoritative evidence.
3
We need more doctors to support a specialist-delivered service.
Doctors in training provide too much care.
4
Scotland should be organised around much larger regional health economies than exist at present.
Each should address workforce planning and the delivery of all but the most highly specialised services. The public must be involved in service redesign.
5
A review of the traditional hospital career and training grade structure for doctors is required.
6
Team-delivered care is an overarching theme.
The workforce must accommodate new and changing working practices.
7
Travel time increases clinical risk for emergency care, but so can lack of capacity, critical mass or experience in a small unit.
This applies across the whole of Scotland.
8
We need the right incentives to recruit the doctors we require and to retain enough of those we already have.
We need to promote and publicise medical careers in Scotland.
9
The output of basic medical education must produce new doctors who are fit for the purpose.
Further work is required to identify the options for modifying the present arrangements for entry to Scotland’s medical schools.
10
Political, professional, public and service leadership is needed to create a clear and realistic public awareness of the issues and priorities.

Conclusion

Internationally, it is increasingly recognised that the twenty-first-century health delivery vehicle has been driven by a nineteenth-century staff mix. As long as the gaze of the drivers was firmly fixed on the rear vision mirror, a crash seemed inevitable.
New Zealand was one of the first countries to provide humane hours of work for junior doctors, with incomes that are competitive when the cost of living is taken into account. When the inevitable problems appeared, the Ashburton Workshop provided for consultation and a range of options about potential solutions. The similarities between these and the ten key messages from the recent Scottish report are remarkable. However, a “do nothing” scenario prevailed and the problems have been compounded.
Those with hindsight may choose to apportion blame to the failure to develop the ideas of 1987. A fairer assessment might be that neither the politicians nor the professionals of that time perceived the challenges lumbering over the horizon as clearly as did George Salmond and Geoff Brinkman.
A revisit to Ashburton is long overdue.
Author information: RMO Advisory Committee, Canterbury District Health Board; Stephen Child, Director of Clinical Training, Auckland District Health Board. Members of the Committee: Nanette Ainge, Professional Development Coordinator, Department of Nursing; Michael Ardagh, Emergency Medicine Specialist; Michael Jamieson, Human Resources Manager; Kelvin Lynn, Chief of Medicine and Committee Chairman; John Thwaites, Physician and Director Medical Education and Training Unit; Jim Magee, General Manager, Christchurch Hospital; John Morton, Medical Adviser, RMO Unit; Karen Schaab, Manager, RMO Unit; Andrew Vincent, Orthopaedic Surgeon.
Correspondence: John Morton, RMO Unit, Christchurch Hospital, Private Bag 4710, Christchurch. Fax: (03) 364 0897; email: john.morton@cdhb.govt.nz
References:
  1. Supreme Court of the State of New York: Part 50. Report of the fourth grand jury for the April/May term of 1986 concerning the care and treatment of a patient and the supervision of interns and junior residents at a hospital in New York County. December 1986.
  2. Asch DA, Parker RM. The Libby Zion case. One step forward or two steps backward? N Eng J Med 1988;318:771–5.
  3. Asken MJ, Raham DC. Resident performance and sleep deprivation: a review. J Med Educ 1983;58:382–8.
  4. Starr P. The social transformation of American Medicine. New York: Basic Books Inc., 1982.
  5. Brensilver JM, Smith L, Lyttle CS. Impact of the Libby Zion Case on graduate medical education in internal medicine. Mt Sinai J Med 1998;65:296–300.
  6. Scottish Executive. Future practice: a review of the Scottish medical workforce. Available online. URL: http://www.scotland.gov.uk/library5/health/fpmr-03.asp Accessed November 2002.
  7. Christie B. Doctors in Scotland must change working patterns, report says. BMJ 2002;325:65.
  8. The New M10 Determination for Medical Doctors in New Zealand. Wellington: Health Service Personnel Commission, 1985.
  9. Dr Bassett looks ahead. NZ Med J 1987;100:154.
  10. Fairgray RA. House surgeons’ salaries. NZ Med J 1987;100:429.
  11. Advisory Committee on the Medical Workforce. Future deployment of medical practitioners: proceedings of the Ashburton Workshop. Wellington: The Advisory Committee on the Medical Workforce, 1987.
  12. Martindale A. Junior hours – the new deal and the EWTD seen through the eyes of a trainee. Surgeons News 2002;1:32. Available online. URL: http://www.surgeonsnews.info Accessed November 2002.
  13. Drife JO. Postmenopausal doctors. BMJ 2002;324:1165.
  14. Dunea G. Teaching hospital teams. BMJ 2002;324:373.
  15. Burke K. Junior consultants will leave BMA “hand over fist,” warns chairman. BMJ 2002;325:407.


     
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