[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR221.4]

[Page 379-380]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 221--DEPARTMENT OF DEFENSE PARTICIPATION IN THE NATIONAL PRACTITIONER DATA BANK (NPDB)--Table of Contents
 
Sec. 221.4  Policy.

    It is DoD policy that:
    (a) Professional review shall occur in every case of alleged 
malpractice.
    (b) When a malpractice claim results in a monetary payment for the 
benefit of a physician, dentist, or other healthcare practitioner 
required to be licensed by DoD Directive 6025.6, it shall be reported to 
the NPDB.
    (c) Practitioners shall have benefit of due process procedures for 
professional review activities under requirements of Public Law 99-660, 
Military Department regulations, and healthcare entity professional 
staff by-laws.
    (d) Information on adverse privileging actions and other 
professional review actions shall be reported to the appropriate State 
agencies and the NPDB.
    (1) The Department of Defense shall continue to provide State(s) of 
known licensure the information required by DoD Directive 6025.11.\2\
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    \2\ See footnote 1 to Sec. 221.2(b).
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    (2) Physicians and dentists shall be reported for both malpractice 
payment and privileging actions. All other personnel required to be 
licensed by DoD Directive 6025.6 shall also be reported for malpractice 
payments.
    (3) Other healthcare personnel shall be reported for privileging 
actions only

[[Page 380]]

after the Assistant Secretary of Defense (Health Affairs) (ASD(HA)) 
notifies the Military Departments to begin submitting reports on a 
specified category of personnel.
    (e) The NPDB shall be queried during the accessioning process of a 
healthcare practitioner, and at least every 24 months, thereafter, as a 
part of the Military medical departments' recredentialing and 
reprivileging procedures. Inquiries on healthcare practitioners, on 
board at the time this part is implemented, should be performed at the 
time of their next recredentialing and reprivileging. If the granting of 
initial clinical privileges occurs more than 1 year after the query for 
accessioning, querying the data bank shall be required as a part of the 
initial privileging.