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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 11115 Construction us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 117 ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES 11115 42 U.S.C. § 11115 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s11115 data/legal/raw/us/code/title-42/usc42.xml 167a0c99dd5f98981ed8e066200073a0ba6c599fc894a7303dd97e92f0191f98 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e cd93c3b3c8e409ace8f6447c466bc8847e632a64772b5fc531143041f2d83343 2026-07-04 official
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42 U.S.C. § 11115 - Construction

Text

(a) In general Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter.

(b) Scope of clinical privileges Nothing in this subchapter shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.

(c) Treatment of nurses and other practitioners Nothing in this subchapter shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians.

(d) Treatment of patient malpractice claims Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity.

(Pub. L. 99660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; Pub. L. 100177, title IV, § 402(c), as added Pub. L. 101239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)

Notes

Editorial Notes

Amendments1989—Subsec. (a). Pub. L. 101239 added Pub. L. 100177, § 402(c), see 1987 Amendment note below. 1987—Subsec. (a). Pub. L. 100177, § 402(c), as added by Pub. L. 101239, inserted before period at end “or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 AmendmentAmendment by Pub. L. 100177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100177, as renumbered and amended, set out as a note under section 11137 of this title.