 Junior doctors predict services will be hit by the changes |
Junior doctors in Scotland will receive help from the BMA to fight legal battles if they are forced to work more than 58 hours per week. New limits on hours will come into force on Sunday and the professional body has vowed to stand up to NHS trusts which breach the guidelines.
Health chiefs could be fined up to �5,000 every time they breach the European Working Time Directive.
The Scottish Executive said it expected a high level of readiness for the plan.
The British Medical Association (BMA) wants "safe" hours for junior doctors.
Spokesman Dr Jason Long vowed: "The days when junior doctors were expected to work in excess of 80 hours a week are long gone.
"It is no longer acceptable for doctors to be treating patients when they are exhausted. "Many NHS boards are close to achieving compliance and I hope that we can work with those who are struggling to find solutions."
But he warned: "Where the directive is being flouted, the BMA will provide doctors with information, advice and where appropriate, legal support."
Evidence suggests some health boards will find it hard to stick to the new directives.
Working conditions
Executive figures suggested that almost 20% of junior doctors are working extra hours.
In addition, the fresh rules include minimum rest requirements which are more inflexible than current New Deal regulations, making it more difficult to comply with the legislation.
Health Minister Malcolm Chisholm said he expected better working conditions for staff and better treatment for patients.
Mr Chisholm said: "It is no longer acceptable for healthcare staff to work excessive hours and I'm glad to say that working hours for doctors-in-training have come down dramatically in recent years - fair working hours for doctors improves their working lives and means patients are not treated by tired staff." The minister said the NHS in Scotland was working towards full compliance with the directives, developing new solutions to make the most of all NHS staff resources, including the use of mixed-skill teams and telemedicine.
He added that the executive had surveyed Scotland's NHS boards on their readiness for Sunday's deadline.
"I understand substantial progress has been made. I expect a high level of compliance will be indicated across the country by then," he said.
The executive said it would continue to work with boards to support those areas which were facing difficulties in implementing sustainable solutions.
Surgical and psychiatric departments are most at risk of breaking the new working hours legislation.
Junior doctors' leaders warned of possible cuts and that "the reduction in hours will undoubtedly have an effect on service delivery".