[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR60.11]



[Page 146]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 60_NATIONAL PRACTITIONER DATA BANK FOR ADVERSE INFORMATION ON 

PHYSICIANS AND OTHER HEALTH CARE PRACTITIONERS--Table of Contents

 

 Subpart C_Disclosure of Information by the National Practitioner Data 

                                  Bank

 

Sec.  60.11  Requesting information from the National Practitioner Data Bank.



    (a) Who may request information and what information may be 

available. Information in the Data Bank will be available, upon request, 

to the persons or entities, or their authorized agents, as described 

below:

    (1) A hospital that requests information concerning a physician, 

dentist or other health care practitioner who is on its medical staff 

(courtesy or otherwise) or has clinical privileges at the hospital,

    (2) A physician, dentist, or other health care practitioner who 

requests information concerning himself or herself,

    (3) Boards of Medical Examiners or other State licensing boards,

    (4) Health care entities which have entered or may be entering 

employment or affiliation relationships with a physician, dentist or 

other health care practitioner, or to which the physician, dentist or 

other health care practitioner has applied for clinical privileges or 

appointment to the medical staff,

    (5) An attorney, or individual representing himself or herself, who 

has filed a medical malpractice action or claim in a State or Federal 

court or other adjudicative body against a hospital, and who requests 

information regarding a specific physician, dentist, or other health 

care practitioner who is also named in the action or claim. Provided, 

that this information will be disclosed only upon the submission of 

evidence that the hospital failed to request information from the Data 

Bank as required by Sec.  60.10(a), and may be used solely with respect 

to ligitation resulting from the action or claim against the 

hospital,11(6) A health care entity with respect to professional review 

activity, and

    (7) A person or entity who requests information in a form which does 

not permit the identification of any particular health care entity, 

physician, dentist, or other health care practitioner.

    (b) Procedures for obtaining National Practitioner Data Bank 

information. Persons and entities may obtain information from the Data 

Bank by submitting a request in such form and manner as the Secretary 

may prescribe. These requests are subject to fees as described in Sec.  

60.12.



[54 FR 42730, Oct. 17, 1989; 54 FR 43890, Oct. 27, 1989]