---
kind: "section"
citation: "42 U.S.C. § 11115"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11115"
heading: "Construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11115"
units:
  - "Chapter 117 — Encouraging Good Faith Professional Review Activities"
  - "Subchapter I — Promotion of Professional Review Activities"
---

# §11115. Construction

- (a) **In general—** Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law or as preempting or overriding any [State](/usc/42/11151.md?p=13) law which provides incentives, immunities, or protection for those engaged in a [professional review action](/usc/42/11151.md?p=9) that is in addition to or greater than that provided by this subchapter.
- (b) **Scope of clinical privileges—** Nothing in this subchapter shall be construed as requiring [health care entities](/usc/42/11151.md?p=4-A) to provide [clinical privileges](/usc/42/11151.md?p=3) to any or all classes or types of [physicians](/usc/42/11151.md?p=8) or other [licensed health care practitioners](/usc/42/11151.md?p=6).
- (c) **Treatment of nurses and other practitioners—** Nothing in this subchapter shall be construed as affecting, or modifying any provision of Federal or [State](/usc/42/11151.md?p=13) law, with respect to activities of [professional review bodies](/usc/42/11151.md?p=11) regarding nurses, other [licensed health care practitioners](/usc/42/11151.md?p=6), or other health professionals who are not [physicians](/usc/42/11151.md?p=8).
- (d) **Treatment of patient malpractice claims—** Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or [State](/usc/42/11151.md?p=13) law to seek redress for any harm or injury suffered as a result of negligent [treatment](/usc/42/11851.md?p=11) or care by any [physician](/usc/42/11151.md?p=8), health care [practitioner](/usc/42/11151.md?p=6), or [health care entity](/usc/42/11151.md?p=4-A), or as limiting any defenses or immunities available to any [physician](/usc/42/11151.md?p=8), health care [practitioner](/usc/42/11151.md?p=6), or [health care entity](/usc/42/11151.md?p=4-A).

## Source credit

(Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; Pub. L. 100–177, title IV, § 402(c), as added Pub. L. 101–239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)

## Notes

### Editorial Notes

### Amendments

1989—Subsec. (a). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below.

1987—Subsec. (a). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, inserted before period at end “or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100–177, as renumbered and amended, set out as a note under section 11137 of this title.