Title 42 — The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Hospitals must ask the Secretary (or the agency named in section 11134(b)) for the reports required under section 11134(a) starting when that reporting begins. They must request this information when a doctor or licensed health care practitioner applies for medical staff membership or clinical privileges, and at least every two years for anyone on the hospital’s staff or with privileges. If a hospital fails to make the required request, then in a medical malpractice case the hospital is assumed to have known any information that had been reported. Hospitals may rely on information provided under this law and are not responsible for that reliance unless they actually knew the information 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 5, 2026

Release point: 119-73not60