2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 117 - Encouraging Good Faith Professional Review Activities (Sections 11101 - 11152)
Subchapter II - Reporting of Information (Sections 11131 - 11137)
Sec. 11135 - Duty of hospitals to obtain information

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Metadata

Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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
Containssection 11135
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditPub. L. 99-660, title IV, §425, Nov. 14, 1986, 100 Stat. 3790.
Statutes at Large Reference100 Stat. 3790
Public and Private LawPublic Law 99-660

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42 U.S.C. § 11135 (2014)

§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

(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, §425, Nov. 14, 1986, 100 Stat. 3790.)

1 So in original. The closing parenthesis probably should not appear.

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