Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Resolution on False Reports to NPDB
Submitted to AMA House of Delegates by CMA Delegation

    As of Monday, November 10, 2008


    5. Disclosure of Information Regarding Summary Suspension and Disciplinary Action: Referred for decision a California resolution which asks the AMA to seek to amend the Health Care Quality Improvement Act, codified in Title 42 of the United States Code, and any other applicable federal law regulating the circulation or posting of reports by the National Practitioner Data Bank, to:

    (1) to preclude circulation and posting of any report of a summary suspension until confirmation by the state’s independent investigation that such a report is supported by at least substantial evidence of risk to patients warranting a summary suspension, irrespective of any determination by the governing board of the responsible health care entity;

    (2) to require removal of any such report in the event any court reverses any adverse disciplinary action by any health care entity, or to require removal of any such report in the event of the state’s independent investigation exonerates the physician from the alleged charges;

    (3) to require the state licensing board to afford any physician subject to any peer review report, including a report due to a summary suspension or any other disciplinary action, the right to contest and respond to the charges in a writing of reasonable length, and to have that response posted in the same place in the records and postings of the state licensing board or other disciplinary action contested. (Res. 220) .