---
kind: "section"
citation: "42 U.S.C. § 11133"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11133"
heading: "Reporting of certain professional review actions taken by health care entities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11133"
units:
  - "Chapter 117 — Encouraging Good Faith Professional Review Activities"
  - "Subchapter II — Reporting of Information"
---

# §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](/usc/42/11151.md?p=4-A) which—
    - (A) takes a [professional review action](/usc/42/11151.md?p=9) that adversely affects the [clinical privileges](/usc/42/11151.md?p=3) of a [physician](/usc/42/11151.md?p=8) for a period longer than 30 days;
    - (B) accepts the surrender of [clinical privileges](/usc/42/11151.md?p=3) of a [physician](/usc/42/11151.md?p=8)—
      - (i) while the [physician](/usc/42/11151.md?p=8) 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](/usc/42/11151.md?p=9) which adversely affects the membership of a [physician](/usc/42/11151.md?p=8) in the society,

    shall report to the [Board of Medical Examiners](/usc/42/11151.md?p=2), in accordance with [section 11134(a) of this title](/usc/42/11134.md?p=a), the information described in [paragraph (3)](#a-3).

  - (2) **Permissive reporting on other licensed health care practitioners—** A [health care entity](/usc/42/11151.md?p=4-A) may report to the [Board of Medical Examiners](/usc/42/11151.md?p=2), in accordance with [section 11134(a) of this title](/usc/42/11134.md?p=a), the information described in [paragraph (3)](#a-3) in the case of a [licensed health care practitioner](/usc/42/11151.md?p=6) who is not a [physician](/usc/42/11151.md?p=8), if the entity would be required to report such information under [paragraph (1)](#a-1) with respect to the [practitioner](/usc/42/11151.md?p=6) if the [practitioner](/usc/42/11151.md?p=6) were a [physician](/usc/42/11151.md?p=8).
  - (3) **Information to be reported—** The information to be reported under this subsection is—
    - (A) the name of the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6) 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](/usc/42/11151.md?p=12) deems appropriate.
- (b) **Reporting by Board of Medical Examiners—** Each [Board of Medical Examiners](/usc/42/11151.md?p=2) shall report, in accordance with [section 11134 of this title](/usc/42/11134.md), the information reported to it under [subsection (a)](#a) and known instances of a [health care entity](/usc/42/11151.md?p=4-A)’s failure to report information under [subsection (a)(1)](#a-1).
- (c) **Sanctions—**
  - (1) **Health care entities—** A [health care entity](/usc/42/11151.md?p=4-A) that fails substantially to meet the requirement of [subsection (a)(1)](#a-1) shall lose the protections of [section 11111(a)(1) of this title](/usc/42/11111.md?p=a-1) if the [Secretary](/usc/42/11151.md?p=12) publishes the name of the entity under [section 11111(b) of this title](/usc/42/11111.md?p=b).
  - (2) **Board of Medical Examiners—** If, after notice of noncompliance and providing an opportunity to correct noncompliance, the [Secretary](/usc/42/11151.md?p=12) determines that a [Board of Medical Examiners](/usc/42/11151.md?p=2) has failed to report information in accordance with [subsection (b)](#b), the [Secretary](/usc/42/11151.md?p=12) shall designate another qualified entity for the reporting of information under [subsection (b)](#b).
- (d) **References to Board of Medical Examiners—** Any reference in this subchapter to a [Board of Medical Examiners](/usc/42/11151.md?p=2) includes, in the case of a Board in a [State](/usc/42/11151.md?p=13) that fails to meet the reporting requirements of [section 11132(a) of this title](/usc/42/11132.md?p=a) or [subsection (b)](#b), a reference to such other qualified entity as the [Secretary](/usc/42/11151.md?p=12) designates.

## Source credit

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