---
kind: "section"
citation: "42 U.S.C. § 11135"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11135"
heading: "Duty of hospitals to obtain information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11135"
units:
  - "Chapter 117 — Encouraging Good Faith Professional Review Activities"
  - "Subchapter II — Reporting of Information"
---

# §11135. Duty of hospitals to obtain information

- (a) **In general—** It is the duty of each [hospital](/usc/42/11151.md?p=5) to request from the [Secretary](/usc/42/11151.md?p=12) (or the [agency](/usc/42/8262.md?p=1) designated under [section 11134(b) of this title](/usc/42/11134.md?p=b)), on and after the date information is first required to be reported under [section 11134(a) of this title](/usc/42/11134.md?p=a))—[^1]
  - (1) at the time a [physician](/usc/42/11151.md?p=8) or [licensed health care practitioner](/usc/42/11151.md?p=6) applies to be on the medical staff (courtesy or otherwise) of, or for [clinical privileges](/usc/42/11151.md?p=3) at, the [hospital](/usc/42/11151.md?p=5), information reported under this subchapter concerning the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6), and
  - (2) once every 2 years information reported under this subchapter concerning any [physician](/usc/42/11151.md?p=8) or such [practitioner](/usc/42/11151.md?p=6) who is on the medical staff (courtesy or otherwise) of, or has been granted [clinical privileges](/usc/42/11151.md?p=3) at, the [hospital](/usc/42/11151.md?p=5).

  A [hospital](/usc/42/11151.md?p=5) may request such information at other times.

- (b) **Failure to obtain information—** With respect to a medical malpractice action, a [hospital](/usc/42/11151.md?p=5) which does not request information respecting a [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6) as required under [subsection (a)](#a) is presumed to have knowledge of any information reported under this subchapter to the [Secretary](/usc/42/11151.md?p=12) with respect to the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6).
- (c) **Reliance on information provided—** Each [hospital](/usc/42/11151.md?p=5) may rely upon information provided to the [hospital](/usc/42/11151.md?p=5) under this chapter and shall not be held liable for such reliance in the absence of the [hospital](/usc/42/11151.md?p=5)’s knowledge that the information provided was false.

## Footnotes

[^1]: So in original. The closing parenthesis probably should not appear.

## Source credit

(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)