
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: 42USC11135]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
 
                 SUBCHAPTER II--REPORTING OF INFORMATION
 
Sec. 11135. Duty of hospitals to obtain information


(a) In general

    It is the duty of each hospital to request from the Secretary (or 
the agency designated under section 11134(b) of this title), on and 
after the date information is first required to be reported under 
section 11134(a) of this title)--\1\
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    \1\ So in original. The closing parenthesis probably should not 
appear.
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        (1) at the time a physician or licensed health care practitioner 
    applies to be on the medical staff (courtesy or otherwise) of, or 
    for clinical privileges at, the hospital, information reported under 
    this subchapter concerning the physician or practitioner, and
        (2) once every 2 years information reported under this 
    subchapter concerning any physician or such practitioner who is on 
    the medical staff (courtesy or otherwise) of, or has been granted 
    clinical privileges at, the hospital.

A hospital may request such information at other times.

(b) Failure to obtain information

    With respect to a medical malpractice action, a hospital which does 
not request information respecting a physician or practitioner as 
required under subsection (a) of this section is presumed to have 
knowledge of any information reported under this subchapter to the 
Secretary with respect to the physician or practitioner.

(c) Reliance on information provided

    Each hospital may rely upon information provided to the hospital 
under this chapter and shall not be held liable for such reliance in the 
absence of the hospital's knowledge that the information provided was 
false.

(Pub. L. 99-660, title IV, Sec. 425, Nov. 14, 1986, 100 Stat. 3790.)

                  Section Referred to in Other Sections

    This section is referred to in section 11137 of this title.
