By: Poonam Khatri
Last week we started to address some of the physician employment contract issues that arise when you decide to partake in moonlighting activities. This week, we will address parts 3 and 4 of that discussion.
Part 3: Make sure you are covered.
Don't put your license or financial resources at risk to make a little extra money. Your employer may be paying for your malpractice insurance, but that insurance may only cover you for work done on behalf of your employer. If you plan to moonlight, first confirm that your moonlighting employer has appropriate professional liability coverage. If you have your own malpractice insurance, contact your insurer and disclose your plans. Failing to disclose your outside activities could result in a loss of coverage. In the alternative, supplemental malpractice insurance is also available to cover moonlighting.
Part 4: Special concerns for residents
On July 1, 2003, the Accreditation Council for Graduate Medical Education (ACGME) common duty hour standards went into effect for all accredited residency programs. These ACGME rules include the well-known requirement that a resident have a work week no longer than 80 hours, averaged over a four-week period.
The ACGME policy has a specific section devoted to moonlighting. The section on moonlighting notes that, "Because residency education is a full-time endeavor, the program director must ensure that moonlighting does not interfere with the ability of the resident to achieve the goals and objectives of the educational program."
Thus, as a resident your ability to moonlight will be limited and require approval from your program director. You may also be subject to periodic reviews in order to continue moonlighting.
In addition to these considerations, it is a good idea to execute a written contract with your moonlighting employer for both clinical and non-clinical activities. At a minimum, your moonlighting employment contract should address key terms of your employment and define your rights and responsibilities. This will help ensure that your moonlighting position provides you with enough flexibility in the event that your primary employment responsibilities change.
