[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR46.4]

[Page 817-818]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 46--POLICY REGARDING PARTICIPATION IN NATIONAL PRACTITIONER DATA BANK
--Table of Contents
 
          Subpart B--National Practitioner Data Bank Reporting
 
Sec. 46.4  Clinical privileges actions reporting.

    (a) VA will file an adverse action report with the National 
Practitioner Data Bank in accordance with regulations at 45 CFR part 60, 
subpart B, as applicable, regarding any of the following actions:
    (1) An action of a Director after consideration of a professional 
review action that, for a period longer than 30 days, adversely affects 
(by reducing, restricting, suspending, revoking, or failing to renew) 
the clinical privileges of a physician or dentist relating to possible 
incompetence or improper professional conduct.
    (2) Acceptance of the surrender of clinical privileges, including 
the surrender of clinical privileges inherent in resignation or 
retirement, or any restriction of such privileges by a physician or 
dentist either while under investigation by the health care entity 
relating to possible incompetence or improper professional conduct, or 
in return for not conducting such an investigation or proceeding whether 
or not the individual remains in VA service.
    (b) The report specified in paragraph (a) of this section will 
provide the following information--
    (1) With respect to the physician or dentist:
    (i) Name;
    (ii) Work address;
    (iii) Home address, if known;
    (iv) Social Security number, if known (and if obtained in accordance 
with section 7 of the Privacy Act of 1974);
    (v) Date of birth;
    (vi) Name of each professional school attended and year of 
graduation;
    (vii) For each professional license: the license number, the field 
of licensure, and the name of the State in which the license is held;
    (viii) Drug Enforcement Administration registration number, if 
applicable and known;
    (ix) A description of the acts or omissions or other reasons for 
privilege loss, or, if known, for surrender; and
    (x) Action taken, date action was made final, length of action and 
effective date of the action.
    (2) With respect to the VA facility--
    (i) Name and address of the reporting facility; and
    (ii) Name, title, and telephone number of the responsible official 
submitting the report.
    (c) A copy of the report referred to in paragraph (a) of this 
section will also be filed with the State Licensing Board in the 
State(s) in which the practitioner is licensed and in which the facility 
is located. It is intended that the report be filed within 15 days of 
the date the action is made final, that is, subsequent to any internal 
(to the facility) appeal.
    (d) As soon as practicable after it is determined that a report 
shall be filed with the National Practitioner Data

[[Page 818]]

Bank and State Licensing Boards under paragraphs (a)(2) and (c) of this 
section, VA shall provide written notice to the practitioner that a 
report will be filed with the National Practitioner Data Bank with a 
copy to the State Licensing Board in each State in which the 
practitioner is licensed and in the State in which the facility is 
located.