S 1767
Physician and Patient Safety Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House
- To President
- Became Law
Bill overview
This bill, the Physician and Patient Safety Act, aims to protect physicians’ rights when their medical staff privileges are being considered for termination, restriction, or reduction. It requires the Department of Health and Human Services to create regulations that guarantee physicians facing such actions will receive a fair hearing and an opportunity for an appeal through established medical staff processes. The regulations also prevent physicians from being forced to waive their rights to these processes as a condition of employment and limit the disclosure of hearing information to protect patient safety and privacy.
Key provisions
- Requires the Secretary of Health and Human Services to issue regulations.
- Guarantees physicians a fair hearing and appellate review before medical staff privileges are affected.
- Prohibits denial of a hearing through third-party contracts.
- Prevents physicians from waiving their rights to a hearing as a condition of employment.
- Ensures hearings are confidential and not reported to the National Practitioner Data Bank or future employers (except in cases of ongoing patient safety threats).
Who is affected
- Physicians
- Hospitals
- Medical Staff
- Department of Health and Human Services
- Patients
Notable changes
- Establishes a formal process for physicians to challenge decisions regarding their medical staff privileges.
- Limits the reporting of hearing information to protect physician privacy and prevent potential employment discrimination.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
S. 1767
IN THE SENATE OF THE UNITED STATES
A BILL
To require the Secretary of Health and Human Services to issue regulations to ensure due process rights for physicians before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians.
This Act may be cited as the Physician and Patient Safety Act
.
The Secretary of Health and Human Services shall issue final regulations to provide that physicians who have been granted medical staff privileges at a hospital have a fair hearing and appellate review through appropriate medical staff mechanisms before any termination, restriction, or reduction of the professional activity of such physicians or staff privileges of such physicians at such hospital.
The regulations described in subsection (a) shall provide that—
a hearing or appellate review may not be denied through a third-party contract;
a physician shall not be requested or required to waive their rights to such a hearing or appellate review as a condition of employment, either with the hospital or with a third-party contractor; and
any such hearing or appellate review shall be confidential and not reportable to any entity, including the National Practitioner Data Bank or future workplaces or employers, unless there is an ongoing threat to patient safety, or as otherwise required under the reporting requirements for hospitals established by the National Practitioner Data Bank.
The final regulations promulgated under subsection (a) shall take effect not later than 18 months after the date of enactment of this Act.