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System of Records (SOR)
02VA135 - Applicants for Employment under Title 38, USC-VA
System location:
VA health care facilities to which the applicant
applied (address locations are listed in VA Appendix at the end of
this document), except that, for physician, dentist, pharmacist,
licensed physical therapist, and occupational therapist applicants,
records may also be retained by the VA Delegated Examining Unit, 1201
Broad Rock Road, Richmond, Virginia 23224-0269. For Canteen
Management Training Program applicants, records will be retained only
at the Veterans Canteen Service (133A1), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420. Records
resulting from drug testing may be retained by the VA (e.g., by the
VA Medical Review Official) and/or bya contractor laboratory.
Categories of individuals covered by the system:
Applicants for appointments under authority of 38 U.S.C. Chapter 73 are covered by
this system. This includes candidates such as physicians, dentists,
podiatrists, optometrists, nurses, nurse anesthetists, physician
assistants, expanded-function dental auxiliaries, pharmacists,
certified respiratory therapy technicians, registered respiratory
therapists, licensed physical therapists, occupational therapists,
and licensed practical or vocational nurses. Applicants for
appointment under 38 U.S.C. Chapter 75 in the Veterans Canteen
Service are also covered.
Categories of records in the system:
Records maintained in this system include: (1) Records of persons who have applied for Federal
employment relating to their education and training; licensure,
registration or certification by State licensing boards and/or
national certifying bodies, including any finding of facts, evidence
and any other related documents, relating to a disciplinary action;
prior and/or current clinical privileges; employment history,
appraisals of past performance; medical records; convictions of
offenses against the law; appraisals of potential; honors, awards or
fellowships; military service; veteran preference; birthplace; birth
date; social security number; and home address. (2) Records resulting
from the testing of the applicant for use of illegal drugs under
Executive Order 12564. Such records may be retained by the VA (e.g.,
by the VA Medical Review Official) or by a contractor laboratory.
This includes records of negative results, confirmed or unconfirmed
positive test results, and lists of who have been tested, who failed
to report for testing, and related documents.
Authority for maintenance of the system:
Executive Order 12564;
Urgent Relief for the Homeless Supplemental Appropriations Act of
1987; Pub. L. 100-71, section 503, 101 Stat. 468 (1987); and Title
38, United States Code, Chapter 3, section 210(c)(1); Chapter 73,
section 4108 and Chapter 75, section 4202.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Except for Routine Use 8, no other Routine Use for this system of
records applies to records included in Item (2) in the Categories of
Records in the System section of this notice. Drug test results may
not be releasedunder any other routine use.
- In the event that a system of records maintained by this
agency to carry out its function 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 witn the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant 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 benefit.
- A record from this system of records may be disclosed to a
Federal, local or State 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.
- To provide statistical and other information in response to
other legitimate and reasonable requests as approved by appropriate
VA authorities, such as the release of information under the Freedom
of Information Act.
- 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) and General Services Administration (GSA) 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 a 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 registrations 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.
- To disclose the results of a drug test of a Title 38 applicant
pursuant to an order of a court of competent jurisdiction where
required by the United States Government to defend against any
challenge against any adverse personnel action.
- To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
- To disclose information to officials of labor organizations
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
- To disclose information to any source when necessary to
obtain information relevant to a conflict-of-interest investigation
or determination.
- To disclose information to the Office of Management and
Budget at any stage in the legislative coordination and clearance
process in connection with private relief legislation as set forth in
OMB Circular No. A-19.
- To disclose information to another Federal agency, to a
court, or a party in litigation before a court or in an
administrative proceeding being conducted by a Federal agency, either
when the Government is a party to a judicial proceeding or in order
to comply with the issuance of a subpoena. Information is also made
available pursuant to a court order directing production of personnel
records.
- To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
- To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines on Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
- To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
- To disclose information to a State or local government entity
which has the legal authority to make decisions concerning the
issuance, retention or revocation of licenses, certifications or
registrations required to practice a health care profession, when
requested in writing by an investigator or supervisory official of
the licensing entity for the purpose of making a decision concerning
the issuance, retention or revocation of the license, certification
or registration of a named health care professional.
- 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:
Records are indexed by name or by name within geographic location
proference. Drug testing records are retrieved by name or social
security number, or name or social security number by geographic
location preference.
Safeguards:
Records are stored in locked file cabinets or locked rooms.
Strict control measures are enforced to ensure that access to and
disclosure from these records are limited to a ``need-to-know
basis.'' In VA Central Office and in the Delegated Examining Unit
these records are maintained in staffed rooms during working hours.
During nonworking hours, there is limited access to the building with
visitor control by security personnel. Drug testing records will be
maintained in accordance with the Urgent Relief for the Homeless
Supplemental Appropriations Act of 1987, Pub. L. 100-71, section 503,
101 Stat. 468 (1987), as well as any Governmentwide guidance
concerning the protection of these records. Employee drug testing
records will be maintained and used with the highest regard for
employee privacy. Contractor laboratories are subject to the same
restrictions as VA employees.
Retention and disposal:
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in VA
Records Control Schedules. Records arising in connection with
employee drug testing under Executive Order 12564 are generally
retained for up to 2 years. Records are destroyed by shredding or
burning.
System manager(s) and address:
Director, Office of Personnel and Labor Relations (05), VA
Central Office, 810 Vermont Avenue, NW., Washington DC 20420.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains records on them should contact the local facility to which
they applied or the Physician and Dentist Placement Service.
Individuals submitting requests should furnish identifying
information as required by VA for their records to be located and
identified: (1) Full name, (2) date of birth, (3) social security
number, (4) name and location of VA facility or Physician and Dentist
Placement Service where application was submitted, (5) date of
application, and (6) signature.
Record access procedures:
(See Notification Procedures above.)
Contesting record procedures:
(See Notification Procedures above.)
Record source categories:
Records in this system are obtained from VA officials and from
individuals and organizations regarding the individual's
qualifications, credentials and suitability for employment, including
prior employers, education providers, state licensing boards and/or
national certifying bodies, law enforcement entities, and health care
providers. Drug testing records may be obtained from the Medical
Review Official.
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