QUESTION:        Our medical staff bylaws contain a provision stating that physicians automatically relinquish their appointment and clinical privileges if their license to practice medicine is suspended or revoked.  Do we have to report such automatic relinquishments to the National Practitioner Data Bank?

ANSWER:            No.  By way of background, we generally recommend that medical staff bylaws documents identify certain events that will lead to the automatic relinquishment of appointment and clinical privileges.  Typically, this occurs if a member: (1) loses his or her license or insurance coverage; (2) is excluded from Medicare; (3) is arrested, charged, indicted, convicted, or pled no contest to certain crimes; (4) fails to complete his or her medical records; or (5) fails to provide certain information or attend a special meeting requested by the Medical Executive Committee or a similar committee.

When a member’s appointment and privileges are automatically relinquished pursuant to a provision in the medical staff bylaws documents, the action is considered to be administrative in nature.  That means there is no “professional review action” as defined by the Health Care Quality Improvement Act, so there is no need for a report to the NPDB.  The latest edition of the NPDB Guidebook includes the following question and answer to clarify these situations:

Question:  A hospital automatically revoked a physician’s clinical privileges when the physician lost her license.  Should this action be reported?

Answer:  No. Administrative actions that do not involve a professional review action are not reportable to the NPDB. The revocation of clinical privileges is automatic because the practitioner no longer holds a license.  Regardless of the reason for the State medical board’s licensure action, the hospital’s revocation of privileges was not the result of a professional review action.  Therefore, the hospital’s action should not be reported to the NPDB.