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Overview Submitting Reports to the NPDB Reporting Medical Malpractice Payments Reporting Adverse Clinical Privileges Actions Reporting Adverse Professional Society Membership Actions Reporting State Licensure and Certification Actions Reporting Federal Licensure and Certification Actions Reporting Peer Review Organization Negative Actions or Findings Reporting Private Accreditation Organization Negative Actions or Findings Reporting Exclusions from Participation in Federal or State Health Care Programs Reporting Federal or State Health Care-Related Criminal Convictions Reporting Health Care-Related Civil Judgments Reporting Other Adjudicated Actions or Decisions

Q&A: Reporting Federal or State Health Care-Related Criminal Convictions

  1. A health care practitioner enters a pretrial intervention program after being charged with a crime related to the delivery of a health care item or service. The practitioner never enters a plea in the criminal case, and no adjudication occurs. As part of the intervention program, the practitioner is required to pay restitution, but this payment is not considered a fine. A state statute involved in this case gives a state official, at the end of the intervention period, the power to recommend whether the criminal case should proceed through normal channels or be dismissed. Must the state prosecutor involved in the case report to the NPDB the practitioner's entry into the pretrial intervention program, even though no adjudication occurred?

    Yes. State prosecutors must report to the NPDB any practitioner who enters into a first offender or deferred adjudication program or other arrangement or program under which a conviction related to the delivery of a health care item or service is withheld. The state statute involved in this case indicates that adjudication and conviction can be deferred or withheld. As such, participation in the program does not negate the requirement to report the practitioner to the NPDB.

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