[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17285-17286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9023]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974, Amendment of Routine Use

AGENCY: Department of Veterans Affairs.

ACTION: Notice of amendment of routine use.

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SUMMARY: As required by the Privacy Act of 1974 notice is hereby given 
that the Department of Veterans Affairs (VA) is amending a routine use 
statement that appears in the system of records, 77VA11, Health Care 
Provider Credentialing and Privileging Records-VA.

DATES: Interested persons are invited to submit written comments, 
suggestions, or objections regarding the proposed amendment to the 
routine uses. All relevant materials received before May 9, 1997, will 
be considered. All written comments received will be available for 
public inspection at the Office of Regulations Management, Room 1158, 
at the address given below, between the hours of 8 a.m. and 4:30 p.m. 
Monday through Friday (except holidays). If no public comment is 
received during the 30-day review period allowed for public comment or 
unless otherwise published in the Federal Register by VA, the routine 
use amendment is effective May 9, 1997.

ADDRESSES: Written comments concerning the routine use amendment may be 
mailed to the Director, Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 
20420.

FOR FURTHER INFORMATION CONTACT:
Ruth-Ann Phelps, Ph.D., Health Systems Specialist, Office of the Under 
Secretary For Health, Patient Care Services, (202) 273-8473.

SUPPLEMENTARY INFORMATION:

Background

    On July 27, 1990, the Department published original notice of the 
system of records (77VA11) at 55 FR 30790. This system of records was 
re-published in its entirety on June 13, 1991 at 56 FR 27292. Routine 
use number 19, and the retention and disposal statement were amended on 
July 30, 1993 at 58 FR 40852. This proposal intends to amend routine 
use number 6 in order to adhere to a change in VA policy as set forth 
below. The proposed amendment is not within the purview of subsection 
(r) of the Privacy Act (5 U.S.C. 552a), as amended, which would require 
the submission of a new or altered system report.

Policy

    The Department of Veterans Affairs (VA) is amending its policy 
regarding initiating reporting to State Licensing Boards to include 
current VA employees who are licensed health care professionals. 
Therefore, VA proposes to add the words ``currently employed'' by 
amendment to routine use number 6 of the System of Records, 77VA11, 
Health Care Provider Credentialing and Privileging Records, where the 
existing release authority is contained. VA has long had a policy of 
initiating communications with other Federal Agencies, appropriate 
State Licensing Boards, and appropriate non-governmental entities about 
the professional performance history of former licensed health care 
professionals. This includes those who have been terminated for any 
reason, or who have resigned or retired and whose behavior or clinical 
practice so substantially failed to meet generally accepted standards 
of clinical practice as to raise reasonable concern for the safety of 
patients. This policy is contained in 58 FR 48455, September 16, 1993, 
further explained at 38 CFR part 47, and is recognized by Congress in 
Section 204 of Pub. L. 99-166.
    While VA has responded to inquiries from appropriate State 
Licensing Boards about the professional practice of its current 
employees, it has generally restricted its initiation of communications 
to State Licensing Boards regarding professional practice standards to 
former licensed health care employees. Generally, concerns about 
clinical practice standards or behavior of current VA licensed health 
care professionals are addressed under traditional management methods 
such as mentorships, proctorships, co-reviews and other controls 
designed to insure patient safety. The scope of these procedures, 
however, is limited to VA supervised or controlled provision of health 
care services and does not consider, those licensed health care 
professionals who, in addition to their VA employment, either full-time 
or part-time, may be providing health care services outside of VA in a 
jurisdiction where they are licensed. This is the basis for making 
current VA licensed health care professionals subject to the same VA 
initiated reporting requirements that have long existed for former VA 
licensed health care employees. Further, extending this reporting 
practice is consistent with VA's commitment to promote patient safety 
in the health care community at large and is consistent with reporting 
practices in private sector health care facilities.

Authority

    VA has broad authority to report both employed or separated health 
care professionals. VA has long-standing statutory authority, contained 
in 38

[[Page 17286]]

U.S.C. 501 and 7401-7405, which authorizes VA to set the terms and 
conditions of initial appointment and continued employment of health 
care personnel as may be necessary to operate VA health care 
facilities. This authority includes requiring health care professionals 
to obtain and maintain a current license, registration, or 
certification in their health care field. Additionally, the Health Care 
Amendments Act of 1985, Pub. L. 99-166, and Part B of Title IV of Pub. 
L. 99-660, the Health Care Quality Improvement Act of 1986 are both 
Acts which authorize and require VA to strengthen quality assurance and 
reporting systems to promote better health care.
    Additionally, there are minor changes in the wording for 
consistency sake such as changing ``professional medical practice'' to 
read ``clinical practice'' to more accurately reflect the coverage of 
all licensed clinicians who may not be medical doctors. Likewise, minor 
amendments are being made to the System Location, the Safeguards, and 
the System Manager and Address categories. These changes reflect 
internal reorganization changes.

    Approved: April 1, 1997.
Jesse Brown,
Secretary of Veterans Affairs.
77 VA 11

System name:
    Health Care Provider Credentialing and Privileging Records--VA

System location:
    Records are maintained at each VA health care facility. Address 
locations for VA facilities are listed in VA Appendix 1 at the end of 
this document. In addition, information from these records or copies of 
records may be maintained at the Department of Veterans Affairs Central 
Office, 810 Vermont Avenue, NW, Washington, DC 20420 and/or Veterans 
Integrated Service Network (VISN) Offices, as well as at consolidated 
Health Care Systems Offices.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
* * * * *
    6. 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 non-government 
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 Department to 
obtain information relevant to a Department decision concerning the 
hiring, retention or termination of an employee or to inform a Federal 
agency or licensing boards or the appropriate non-government entities 
about the health care practices of a currently employed, terminated, 
resigned, or retired health care employee whose professional health 
care activity so significantly failed to meet generally accepted 
standards of clinical practice as to raise reasonable concern for the 
safety of patients. These records may also be disclosed as part of an 
ongoing computer matching program to accomplish these purposes.
* * * * *

System manager(s) and address:
    Official responsible for policies and procedures: Credentialing and 
Privileging Manager (11B), Veterans Health Administration, Department 
of Veterans Affairs, 810 Vermont Avenue, NW, Washington DC 20420. 
Officials maintaining the system: the Chief of Staff at the VA health 
care facility where the provider made application for employment, or 
was or is employed; and the credentialing coordinator for individuals 
who made application for employment to, or are or were employed at VA 
Central Office or at a VISN location.
* * * * *
[FR Doc. 97-9023 Filed 4-8-97; 8:45 am]
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