S. 1767 — Physician and Patient Safety Act

This section directs the Secretary of Health and Human Services to issue final regulations, effective not later than 18 months after enactment, requiring hospitals to provide physicians with medical staff privileges a fair hearing and appellate review through medical staff mechanisms before any termination, restriction, or reduction of such privileges or professional activities. The regulations must specify that (1) a hearing or appellate review may not be denied through a third-party contract, (2) a physician may not be required to waive these rights as a condition of employment with the hospital or a third-party contractor, and (3) any such hearing or review is confidential and not reportable to the National Practitioner Data Bank or future employers unless there is an ongoing threat to patient safety or as otherwise required under hospital reporting requirements for the National Practitioner Data Bank.