Title 42, The Public Health and WelfareRelease 119-110

§11135 Duty of Hospitals to Obtain Information

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

Last updated Sep 23, 2026|Official source

Summary

Hospitals must ask the federal agency for any reported information about a doctor or licensed health care worker when that person applies to join the hospital’s medical staff or asks for clinical privileges. They must also get that reported information at least once every 2 years for anyone on the staff or with privileges, and they can ask more often if they want. If a hospital fails to ask as required, and there is a medical malpractice lawsuit, the hospital is treated as if it knew whatever had been reported about that clinician. Hospitals may rely on the information they receive and won’t be held responsible for trusting it unless they actually knew it was false.

Full Legal Text

Title 42, §11135

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

(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)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) 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11135

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110