
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11115]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
 
        SUBCHAPTER I--PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES
 
Sec. 11115. Construction


(a) In general

    Except as specifically provided in this subchapter, nothing in this 
subchapter shall be construed as changing the liabilities or immunities 
under law or as preempting or overriding any State law which provides 
incentives, immunities, or protection for those engaged in a 
professional review action that is in addition to or greater than that 
provided by this subchapter.

(b) Scope of clinical privileges

    Nothing in this subchapter shall be construed as requiring health 
care entities to provide clinical privileges to any or all classes or 
types of physicians or other licensed health care practitioners.

(c) Treatment of nurses and other practitioners

    Nothing in this subchapter shall be construed as affecting, or 
modifying any provision of Federal or State law, with respect to 
activities of professional review bodies regarding nurses, other 
licensed health care practitioners, or other health professionals who 
are not physicians.

(d) Treatment of patient malpractice claims

    Nothing in this chapter shall be construed as affecting in any 
manner the rights and remedies afforded patients under any provision of 
Federal or State law to seek redress for any harm or injury suffered as 
a result of negligent treatment or care by any physician, health care 
practitioner, or health care entity, or as limiting any defenses or 
immunities available to any physician, health care practitioner, or 
health care entity.

(Pub. L. 99-660, title IV, Sec. 415, Nov. 14, 1986, 100 Stat. 3787; Pub. 
L. 100-177, title IV, Sec. 402(c), as added Pub. L. 101-239, title VI, 
Sec. 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-239 added Pub. L. 100-177, 
Sec. 402(c), see 1987 Amendment note below.
    1987--Subsec. (a). Pub. L. 100-177, Sec. 402(c), as added by Pub. L. 
101-239, inserted before period at end ``or as preempting or overriding 
any State law which provides incentives, immunities, or protection for 
those engaged in a professional review action that is in addition to or 
greater than that provided by this subchapter''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-177 effective Nov. 14, 1986, see section 
402(d) of Pub. L. 100-177, as renumbered and amended, set out as a note 
under section 11137 of this title.
