28VA119
System location:
Records are maintained at each of the Veterans Administration health care facilities. Address locations are listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system:
Health practitioners authorized to prescribe drugs under the Controlled
Substance Act.
Categories of records in the system:
Registration Card Record containing the information necessary for verification of employee
control under the Controlled Substance Act. The employee's name,
social security number, signature and his Drug Enforcement Agency
control number, assigned by either the State or the Veterans
Administration, depending on local policy as required by the Act.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Section 210(c)(1), Pub. L. 91-513, Controlled
Substance Act of 1970.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
- In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued thereto.
- A record from this system of records may be disclosed as a `routine use' to a Federal, State or local agency maintaining civil, criminal or other relevant information, such as current licenses, if necessary to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other health, educational or welfare benefits.
- A record from this system of records may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.
- Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.
- Disclosure may be made to NARA (National Archives and Records Administration) GSA (General Services Administration) in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
- Records from this system of records may be disclosed to a Federal Agency or to a State or local government licensing board and/ or to the Federation of State Medical Boards or a similar nongovernment entity which maintains records concerning individuals' employment histories or concerning the issuance, retention or revocation of licenses, certifications, or registration necessary to practice an occupation, profession or specialty , in order for the Agency to obtain information relevant to an Agency decision concerning the hiring, retention or termination of an employee or to inform a Federal Agency or licensing boards or the appropriate nongovernment entities about the health care practices of a terminated, resigned or retired health care employee whose professional health care activity so significantly failed to conform to generally accepted standards of professional medical practice as to raise reasonable concern for the health and safety of patients in the private sector or from another Federal Agency. These records may also be disclosed as part of an ongoing computer matching program to accomplish these purposes.
- Identifying information in this system, including name, address, social security number and other information as is reasonably necessary to identify such individual, may be disclosed to the National Practitioner Data Bank at the time of hiring and/or clinical privileging/reprivileging of health care practitioners, and other times as deemed necessary by VA, in order for VA to obtain information relevant to a Department decision concerning the hiring, privileging/reprivileging, retention or termination of the applicant or employee.
- Relevant information from this system of records may be disclosed to the National Practitioner Data Bank and/or State Licensing Board in the State(s) in which a practitioner is licensed, in which the VA facility is located, and/or in which an act or omission occurred upon which a medical malpractice claim was based when VA reports information concerning: (1) Any payment for the benefit of a physician, dentist, or other licensed health care practitioner which was made as the result of a settlement or judgment of a claim of medical malpractice if an appropriate determination is made in accordance with agency policy that payment was related to substandard care, professional incompetence or professional misconduct on the part of the individual; (2) a final decision which relates to possible incompetence or improper professional conduct that adversely affects the clinical privileges of a physician or dentist for a period longer than 30 days; or, (3) the acceptance of the surrender of clinical privileges or any restriction of such privileges by a physician or dentist either while under investigation by the health care entity relating to possible incompetence or improper professional conduct, or in return for not conducting such an investigation or proceeding. These records may also be disclosed as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage:
Paper documents.
Retrievability:
All registration records under the Controlled
Substance Act are indexed by employee's name, social security number
or Drug Enforcement Agency's Control Number.
Safeguards:
Physical Security:
Access to VA working space and medical record storage areas is restricted to VA employees on a `need
to know' basis. Generally, VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective
Service. Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate
locked files. Strict control measures are enforced to ensure that
disclosure is limited to a `need to know' basis.
Retention and disposal:
This record is retained in Pharmacy while
the individual is employed at a Veterans Administration health care
facility. When the employee terminates his position in a particular
VA health care facility his record is combined with his personnel
folder and transferred to the next facility or forwarded to the
Civilian Personnel Records Center, St. Louis, for retention.
System manager(s) and address:
Director Pharmacy Service (119), VA
Central Office, Washington, DC 20420.
Notification procedure:
Individuals seeking information concerning
the existence and content of a record pertaining to themselves must
submit a written request or apply in person to the VA health care
facility, where record is maintained. All inquiries must reasonably
identify the record involved and the approximate date it was
maintained. Inquiries should include employee's name, social security
number, and Drug Enforcement Agency's Control Number.
Record access procedures:
Employees or duly authorized
representatives seeking information regarding access to and
contesting of VA records may write, call, or visit the Veterans
Administration facility where employee's record was maintained.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
(1) The employee. (2) Drug Enforcement
Agency or VA health care facility.
