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Abstract

Lengthy, grueling hours have long been the tradition for physicians-in-training, but resident exhaustion is a threat to patient and resident safety in the United States. This Note outlines the historical development of resident duty-hour regulation and examines the political and professional forces that continue to shape the current system. It argues that the current accreditation-based approach, that nearly all states rely on, inadequately protects residents and patients. This Note proposes several legislative and regulatory solutions, but suggests that in this moment of history, states are uniquely positioned to fill the regulatory gap. Such solutions include mandatory automated duty-hour tracking, regular reporting to state agencies, enforceable citation and fine regimes, enhanced transparency through public reporting, and, where feasible, shorter maximum shift lengths for first-year residents. These solutions can strengthen compliance, improve data integrity, and promote safer medical training without sacrificing educational quality or imposing prohibitive costs on hospitals. States must wake up from the current resident duty-hour nightmare to protect patients and to protect residents.

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