Title 42 — The Public Health and WelfareRelease 119-73

§11133 Reporting of certain professional review actions taken by health care entities

Title 42 › Chapter CHAPTER 117— - ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › Subchapter SUBCHAPTER II— - REPORTING OF INFORMATION › § 11133

Last updated Apr 6, 2026|Official source

Summary

Health care organizations must tell the state medical board when they take actions that cut a doctor's clinical privileges for more than 30 days, accept a doctor giving up privileges while under investigation or to avoid one, or, for professional societies, hurt a doctor's membership. They may also report the same kinds of actions about other licensed health workers if the rule would apply to a doctor. Reports must give the person’s name, a short reason, and any other facts the Secretary asks for. State medical boards must pass these reports on and tell the Secretary if they know an organization failed to report. An organization that fails to report can lose certain legal protections if the Secretary publishes its name. If a board still does not report after notice and a chance to fix the problem, the Secretary can name another qualified group to do the reporting.

Full Legal Text

Title 42, §11133

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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,

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

(c)(1)A health care entity that fails substantially to meet the requirement of subsection (a)(1) 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)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), the Secretary shall designate another qualified entity for the reporting of information under subsection (b).

(d)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), a reference to such other qualified entity as the Secretary designates.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11133

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73