42 U.S.C. § 11133 — Reporting of certain professional review actions taken by health care entities

(a)(1) A health care entity^* must report to the Board of Medical Examiners^* under section 11134(a) when it:
(A) takes a professional review action^* that adversely affects a physician’s clinical privileges^* for more than 30 days;
(B) accepts surrender of a physician’s clinical privileges while the physician^* is under the entity’s investigation for possible incompetence or improper conduct, or in exchange for not conducting that investigation or proceeding; or
(C) if it is a professional society, takes a professional review action that adversely affects the physician’s membership.
(a)(2) A health care entity may make the same report about a licensed health-care practitioner^* who is not a physician if it would have been required to report the action had the practitioner been a physician.
(a)(3) The report must include the physician’s or practitioner’s name; a description of the acts, omissions, or other reasons for the action or, if known, the surrender; and other information about the circumstances that the Secretary^* considers appropriate.
(b) Each Board of Medical Examiners must report under section 11134 the information reported to it under subsection (a), and known instances when a health care entity failed to report under subsection (a)(1).
(c)(1) A health care entity that substantially fails to meet subsection (a)(1) loses the protection in section 11111(a)(1) if the Secretary publishes the entity’s name under section 11111(b).
(c)(2) If, after notice and an opportunity to correct noncompliance, the Secretary finds that a Board failed to report under subsection (b), the Secretary must designate another qualified entity to report under subsection (b).
(d) In this subchapter, a reference to a Board of Medical Examiners includes the other qualified entity the Secretary designates when a State^* Board fails to meet section 11132(a) or subsection (b)’s reporting requirements.