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Duty of Hospitals to Obtain Information

It is the duty of each hospital to request from the Secretary (or the agency designated by the Secretary), at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this Act concerning the physician or practitioner. Every two years the hospital shall request updated information concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital. A hospital may request information at other times.

With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required by this Act is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner. Each hospital may rely upon information provided to the hospital under this Act and shall not be held liable for such reliance in the absence of the hospital's knowledge that the information provided was false. (sec. 11135)

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