How Long Does a Violation Stay on The Clearinghouse?
The Clearinghouse, also known as the National Practitioner Data Bank (NPDB), is a database maintained by the Health Resources and Services Administration (HRSA) that monitors and tracks malpractice suits, disciplinary actions, and other adverse actions against healthcare providers. If a physician or healthcare provider is sued or disciplined for a serious violation, their name may be added to the NPDB, which can negatively impact their professional reputation and future employment opportunities.
When it comes to the lifespan of a violation on The Clearinghouse, understanding the duration is crucial to making informed decisions about careers and professional development. So, how long does a violation stay on The Clearinghouse?
Information Retention Period
**The Clearinghouse retains information for a specified period, which varies based on the type of offense and the date of completion.
According to the NPDB’s Frequently Asked Questions (FAQ) section, the database retains information for the following periods:
- Medication errors: 18 years from the date the incident occurred
- Criminal convictions: Life of the individual (never removed)
- Disiplinary actions: 40 years from the date of completion
- Board certifications: 20 years from the date of licensure
- Employment terminations: Life of the individual (never removed)
- Revocations of licenses: 40 years from the date of revocation
- Malpractice settlements/judgments: 50 years from the date the incident occurred
Summary of Retention Period
| Type of Offense | Retention Period |
|---|---|
| Medication errors | 18 years |
| Criminal convictions | Life (never removed) |
| Disciplinary actions | 40 years |
| Board certifications | 20 years |
| Employment terminations | Life (never removed) |
| Revocations of licenses | 40 years |
| Malpractice settlements/judgments | 50 years |
It is essential to note that these retention periods are only applicable to the information published on The Clearinghouse. Healthcare providers may voluntarily disclose additional information, but this is not required, and the retention periods apply only to the published records.
Factors Affecting Retention Periods
Several factors can affect the retention period of information on The Clearinghouse:
- Date of completion: The date an incident occurred or a settlement was reached determines the applicable retention period.
- Type of offense: Malpractice settlements and judgments carry longer retention periods than others, such as medication errors.
- Individual jurisdiction: Retention periods can vary depending on the individual state or jurisdiction.
Healthcare providers should be aware of these factors to fully understand the implications of reported violations on their professional standing.
Removing Information
**Removing information from the Clearinghouse is complex and requires specific circumstances to qualify.
When a healthcare provider’s offense is resolved, the case is typically closed, but the information remains on the Clearinghouse for an extended period. To request removal of information, they must meet specific criteria set by the NPDB.
Eligibility for Information Removal
To be considered for removal, healthcare providers must meet one of the following conditions:
- The incident was de novo (newly presented) and not previously recorded
- The incident occurred more than 35 years ago and did not result in a finding of guilt or responsibility
- The incident was caused by unforeseen consequences or uncommon circumstances that were unusual and not typical of such incidents
If a provider meets these criteria, they can submit a request for removal to the NPDB. However, this decision is subject to review by the NPDB, which may deny the request in certain circumstances.
What Can You Do?
While the retention period for violative information on The Clearinghouse can be a significant concern, healthcare providers can take steps to mitigate the impact:
- Comply with professional standards and regulations: Adhere to industry guidelines and regulations to minimize the risk of violations
- Maintain an active and transparent professional online presence: Showcase your professional achievements and credentials to counterbalance information on The Clearinghouse
- Seek consultation with a professional organization: Leverage the expertise and resources of professional organizations for guidance on navigating The Clearinghouse and addressing perceived violations
In conclusion, understanding the retention period and factors affecting information on the Clearinghouse is critical for healthcare providers. Awareness of these factors can enable them to make informed decisions about their professional development, address potential violations, and maintain a positive professional image.
