Title 42 — The Public Health and WelfareRelease 119-73

§11135 Duty of hospitals to obtain information

Title 42 › Chapter CHAPTER 117— - ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › Subchapter SUBCHAPTER II— - REPORTING OF INFORMATION › § 11135

Last updated Apr 6, 2026|Official source

Summary

Hospitals must ask the Secretary (or the agency named in 11134(b)) for any reported information about a doctor or practitioner when that person applies for hospital staff or clinical privileges, and again every 2 years for those already on staff. If a hospital fails to ask as required, it is assumed to know any information that was reported in a malpractice case. Hospitals may rely on the information they get and are not liable for that reliance unless they knew it was false.

Full Legal Text

Title 42, §11135

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

(a)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)— 11 So in original. The closing parenthesis probably should not appear.

(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.

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

(c)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11135

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73