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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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care of injured, disabled, or sick persons, or (B) rehabilitation services for the<br />

rehabilitation of injured, disabled, or sick persons. In the case of an institution in any<br />

State in which State or applicable local law provides for the licensing of hospitals,<br />

(A) is licensed pursuant to such law or (B) is approved, by the agency of such State<br />

or locality responsible for licensing hospitals, as meeting the st<strong>and</strong>ards established<br />

for such licensing. (42 USCA sec. 1395x(e)(1)&(7))<br />

6. “licensed medical care practitioner”—The terms “licensed medical care<br />

practitioner” <strong>and</strong> “practitioner” mean, with respect to a State, an individual (other<br />

than a physician) who is licensed or otherwise authorized by the State to provide<br />

medical care services.<br />

7. “medical malpractice actions or claim”— The term “medical malpractice action<br />

or claim” means a written claim or dem<strong>and</strong> for payment based on a medical care<br />

provider’s furnishing (or failure to furnish) medical care services, <strong>and</strong> includes the<br />

filing of a cause of action, based on the law of tort, brought in any court of any State<br />

or the United States seeking monetary damages.<br />

8. “physician”—The term “physician” means a doctor of medicine or osteopathy or a<br />

doctor of dental surgery or medical dentistry legally authorized to practice medicine<br />

<strong>and</strong> surgery or dentistry by a State (or any individual who, without authority holds<br />

himself or herself out to be so authorized).<br />

9. “professional review activity”—The term “professional review activity” means an<br />

activity of a medical care entity with respect to an individual physician—to<br />

determine whether the physician may have clinical privileges with respect to, or<br />

membership in, the entity, to determine the scope or conditions of such privileges or<br />

membership, or to change or modify such privileges or membership.<br />

10. “professional review body”—The term “professional review body” means a<br />

medical care entity <strong>and</strong> the governing body or any committee of a medical care entity<br />

which conducts professional review activity, <strong>and</strong> includes any committee of the<br />

medical staff of such an entity when assisting the governing body in a professional<br />

review activity.<br />

11. “Secretary”—The term “Secretary” means the Secretary of <strong>Health</strong> <strong>and</strong> Human<br />

Services.<br />

12. “State”—The term “State” means the 50 States, the District of Columbia, Puerto<br />

Rico, the Virgin Isl<strong>and</strong>s, Guam, American Samoa, <strong>and</strong> the Northern Mariana Isl<strong>and</strong>s.<br />

13. “State Licensing Board”—The term “State licensing board” means, with respect<br />

to a physician or medical care provider in a State, the agency of the State which is<br />

primarily responsible for the licensing of the physician or provider to furnish medical<br />

care services.<br />

7. Attorney’s Fees<br />

In any suit brought against a defendant, if the court finds that the defendant has met<br />

449

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