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

---
identifier: "/us/usc/t42/s11133"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 11133 - Reporting of certain professional review actions taken by health care entities"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "11133"
section_name: "Reporting of certain professional review actions taken by health care entities"
chapter_number: 117
chapter_name: "ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES"
subchapter_number: "II"
subchapter_name: "REPORTING OF INFORMATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100 Stat. 3789.)"
---


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

**(a)** **Reporting by health care entities**

**(1)** **On physicians** Each health care entity which—

shall report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3).

**(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)** **Permissive reporting on other licensed health care practitioners** section 11134(a) of this title

A health care entity may report to the Board of Medical Examiners, in accordance with , 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)** **Information to be reported** 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)** **Reporting by Board of Medical Examiners** section 11134 of this title

Each Board of Medical Examiners shall report, in accordance with , 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)** **Sanctions**

**(1)** **Health care entities** section 11111(a)(1) of this titlesection 11111(b) of this title

A health care entity that fails substantially to meet the requirement of subsection (a)(1) shall lose the protections of  if the Secretary publishes the name of the entity under .

**(2)** **Board of Medical Examiners** 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)** **References to Board of Medical Examiners** section 11132(a) of this title

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  or subsection (b), a reference to such other qualified entity as the Secretary designates.

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**Source Credit**: (Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100 Stat. 3789.)