1434
Physician's family.
PUBLIC LAW 92-603-OCT. 30, 1972
[86 STAT.
"(6) No physician shall be permitted to review— " (A) health care services provided to a patient if he was directly or indirectly involved in providing such services, or " (B) health care services provided in or by an institution, organization, or agency, if he or any member of his family has, directly or indirectly, any financial interest in such institution, organization, or agency. For purposes of this paragraph, a physician's family includes only his spouse (othcr than a spouse who is legally separated from him under a decree of divorce or separate maintenance), children (including legally adopted children), grandchildren, parents, and grandparents. " (b) To the extent necessary or appropriate for the proper performance of its duties and functions, the Professional Standards Review Organization serving any area is authorized in accordance with regulations prescribed by the Secretary to— "(1) make arrangements to utilize the services of persons who are practitioners of or specialists in the various areas of medicine (including dentistry), or other types of health care, which persons shall, to the maximum extent practicable, be individuals engaged in the practice of their profession within the area served by such organization; "(2) undertake such professional inquiry either before or after, or both before and after, the provision of services with respect to which such organization has a responsibility for review under subsection (a)(1); "(3) examine the pertinent records of any practitioner or provider of health care services providing services with respect to which such organization has a responsibility for review undei subsection (a)(1); and "(4) inspect the facilities in which care is rendered or services provided (which are located in such area) of any practitioner oi provider. "(c) No Professional Standards Review Organization shall utilize the services of any individual who is not a duly licensed doctor of medicine or osteopathy to make final determinations in accordance with its duties and functions under this part with respect to the professional conduct of any other duly licensed doctor of medicine or osteopathy, or any act performed by any duly licensed doctor of medicine or osteopathy in the exercise of his profession. " (d) In order to familiarize physicians with the review functions and activities of Professional Standards Review Organizations and to promote acceptance of such functions and activities by physicians, patients, and other persons, each Professional Standards Review Organization, in carrying out its review responsibilities, shall (to the maximum extent consistent with the effective and timely performance of its duties and functions)— "(1) encourage all physicians practicing their profession in the area served by such Organization to participate as reviewers in the review activities of such Organizations; "(2) provide rotating physician membership of review committees on an extensive and continuing basis; "(3) assure that membership on review committees have the broadest representation feasible in terms of the various types of practice in which physicians engage in the area served by such Organization; and (4) utilize, whenever aj^propriate, medical periodicals and similar publications to publicize the functions and activities of Professional Standards Review Organizations.
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