
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: 42USC11133]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
 
                 SUBCHAPTER II--REPORTING OF INFORMATION
 
Sec. 11133. Reporting of certain professional review actions 
        taken by health care entities
        

(a) Reporting by health care entities

                          (1) On physicians

        Each health care entity which--
            (A) takes a professional review action that adversely 
        affects the clinical privileges of a physician for a period 
        longer than 30 days;
            (B) accepts the surrender of clinical privileges of a 
        physician--
                (i) while the physician is under an investigation by the 
            entity relating to possible incompetence or improper 
            professional conduct, or
                (ii) in return for not conducting such an investigation 
            or proceeding; or

            (C) in the case of such an entity which is a professional 
        society, takes a professional review action which adversely 
        affects the membership of a physician in the society,

    shall report to the Board of Medical Examiners, in accordance with 
    section 11134(a) of this title, the information described in 
    paragraph (3).

       (2) Permissive reporting on other licensed health care 
                                practitioners

        A health care entity may report to the Board of Medical 
    Examiners, in accordance with section 11134(a) of this title, the 
    information described in paragraph (3) in the case of a licensed 
    health care practitioner who is not a physician, if the entity would 
    be required to report such information under paragraph (1) with 
    respect to the practitioner if the practitioner were a physician.

                   (3) Information to be reported

        The information to be reported under this subsection is--
            (A) the name of the physician or practitioner involved,
            (B) a description of the acts or omissions or other reasons 
        for the action or, if known, for the surrender, and
            (C) such other information respecting the circumstances of 
        the action or surrender as the Secretary deems appropriate.

(b) Reporting by Board of Medical Examiners

    Each Board of Medical Examiners shall report, in accordance with 
section 11134 of this title, the information reported to it under 
subsection (a) of this section and known instances of a health care 
entity's failure to report information under subsection (a)(1) of this 
section.

(c) Sanctions

                      (1) Health care entities

        A health care entity that fails substantially to meet the 
    requirement of subsection (a)(1) of this section shall lose the 
    protections of section 11111(a)(1) of this title if the Secretary 
    publishes the name of the entity under section 11111(b) of this 
    title.

                   (2) Board of Medical Examiners

        If, after notice of noncompliance and providing an opportunity 
    to correct noncompliance, the Secretary determines that a Board of 
    Medical Examiners has failed to report information in accordance 
    with subsection (b) of this section, the Secretary shall designate 
    another qualified entity for the reporting of information under 
    subsection (b) of this section.

(d) References to Board of Medical Examiners

    Any reference in this subchapter to a Board of Medical Examiners 
includes, in the case of a Board in a State that fails to meet the 
reporting requirements of section 11132(a) of this title or subsection 
(b) of this section, a reference to such other qualified entity as the 
Secretary designates.

(Pub. L. 99-660, title IV, Sec. 423, Nov. 14, 1986, 100 Stat. 3789.)

                  Section Referred to in Other Sections

    This section is referred to in sections 11111, 11132, 11134 of this 
title.
