[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Notices]
[Pages 4075-4077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1788]
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DEPARTMENT OF DEFENSE
Department of the Army
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to Amend System of Records.
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SUMMARY: The Department of the Army is amending a system of records
notice in its existing inventory of record systems subject to the
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
[[Page 4076]]
DATES: This proposed action will be effective without further notice on
February 26, 1999 unless comments are received which result in a
contrary determination.
ADDRESSES: Privacy Act Officer, Records Management Program Division,
Army Records Management and Declassification Agency, ATTN: TAPC-PDD-RP,
Stop C55, Ft. Belvoir, VA 22060-5576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390
or DSN 656-4390.
SUPPLEMENTARY INFORMATION: The Department of the Army systems of
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the address above.
The specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
Dated: January 21, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-85 DAPE
System name:
Alcohol and Drug Abuse Rehabilitation Files (February 22, 1993, 58
FR 10002).
Changes:
* * * * *
System location:
Delete entry and replace with `Primary location: Army Substance
Abuse Program (ASAP) rehabilitation/counseling facilities (e.g.,
Community Counseling Center/ASAP Counseling Facilities) at Army
installations and activities. Official mailing addresses are published
as an appendix to the Army's compilation of record system notices.
Secondary location: Army Center for Substance Abuse Program, ATTN:
PEDA, Suite 320, 4501 Ford Avenue, Alexandra, VA 22302 1460.'
Categories of individuals covered by the system:
Delete entry and replace with `Eligible military members, civilians
employees, family members of military members and retirees who are
screened and/or enrolled in the ASAP, and those federal civilians in
testing designated positions.'
Categories of records in the system:
Delete entry and replace with `Primary location: Copies of patient
intake records, progress reports, psychosocial histories, counselor
observations and impressions of patient's behavior and rehabilitation
progress, copies of medical consultation and laboratory procedures
performed, results of biochemical urinalysis for alcohol/drug abuse,
Patient Intake/Screening record-PIR (DA Form 4465-R); Patient Progress
Report-PPR (DA Form 4466-R); Resource and Performance Report (DA Form
3711-R); and Specimen Custody Document-Drug Testing (DD Form 2624), and
similar or related documents.
Secondary location: Copies of Patient Intake/Screening record-PIR
(DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-R);
Resource and Performance Report (DA Form 3711-R); and Specimen Custody
Document-Drug Testing (DD Form 2624), and demographic composites
thereof.'
Authority for maintenance of the system:
Delete entry and replace with `10 U.S.C. 3013, Secretary of the
Army; 42 U.S.C. 290dd-2; Federal Drug Free Workplace Act of 1988; Army
Regulation 600-85, Army Substance Abuse Program; and E.O. 9397 (SSN).'
Purpose(s):
Delete entry and replace with `To identify alcohol and drug abusers
within the Army; to treat, counsel, and rehabilitate individuals who
participate in the Army Substance Abuse Program; to judge the magnitude
of drug and alcohol abuse in the Army.'
* * * * *
A0600-85 DAPE
System name:
Alcohol and Drug Abuse Rehabilitation Files.
System location:
Primary location: Army Substance Abuse Program (ASAP)
rehabilitation/counseling facilities (e.g., Community Counseling
Center/ASAP Counseling Facilities) at Army installations and
activities. Official mailing addresses are published as an appendix to
the Army's compilation of record system notices.
Secondary location: Army Center for Substance Abuse Program, ATTN:
PEDA, Suite 320, 4501 Ford Avenue, Alexandra, VA 22302-1460.
Categories of individuals covered by the system:
Eligible military members, civilians employees, family members of
military members and retirees who are screened and/or enrolled in the
Army Substance Abuse Program (ASAP), federal civilians in testing
designated positions.
Categories of records in the system:
Primary location: Copies of patient intake records, progress
reports, psychosocial histories, counselor observations and impressions
of patient's behavior and rehabilitation progress, copies of medical
consultation and laboratory procedures performed, results of
biochemical urinalysis for alcohol/drug abuse, Patient Intake/Screening
record-PIR (DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-
R); Resource and Performance Report (DA Form 3711-R); and Specimen
Custody Document-Drug Testing (DD Form 2624), and similar or related
documents.
Secondary location: Copies of Patient Intake/Screening record-PIR
(DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-R);
Resource and Performance Report (DA Form 3711-R); and Specimen Custody
Document-Drug Testing (DD Form 2624), and demographic composites
thereof.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 42 U.S.C. 290dd-2; Federal
Drug Free Workplace Act of 1988; Army Regulation 600-85, Army Substance
Abuse Program; and E.O. 9397 (SSN).
Purpose(s):
To identify alcohol and drug abusers within the Army; to treat,
counsel, and rehabilitate individuals who participate in the Army
Substance Abuse Program; to judge the magnitude of drug and alcohol
abuse in the Army.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The `Blanket Routine Uses' set forth at the beginning of the Army's
compilation of systems of records notices do not apply to this system.
The Patient Administration Division at the medical treatment
facility with jurisdiction is responsible for the release of medical
information to malpractice insurers in the event of malpractice
litigation or prospect thereof.
Information is disclosed only to the following persons/agencies:
To health care components of the Department of Veterans Affairs
furnishing health care to veterans.
[[Page 4077]]
To medical personnel to the extent necessary to meet a bona fide
medical emergency.
To qualified personnel conducting scientific research, audits, or
program evaluations, provided that a patient may not be identified in
such reports, or his or her identity further disclosed by such
personnel.
In response to a court order based on the showing of good cause in
which the need for disclosure and the public's interest is shown to
exceed the potential harm that would be incurred by the patient, the
physician-patient relationship, and the Army's treatment program.
Except as authorized by a court order, no record may be used to
initiate or substantiate any criminal charges against a patient or to
conduct any investigation of a patient.
NOTE: Records of identity, diagnosis, prognosis, or treatment of
any client/patient, irrespective of whether or when he/she ceases to be
a client/patient, maintained in connection with the performance of any
alcohol or drug abuse prevention and treatment function conducted,
requested, or directly or indirectly assisted by any department or
agency of the United States, shall, except as provided therein, be
confidential and be disclosed only for the purposes and under
circumstances expressly authorized in 42 U.S.C. 290dd-2. This statute
takes precedence over the Privacy Act of 1974 to the extent that
disclosure is more limited. However, access to the record by the
individual to whom the record pertains is governed by the Privacy Act.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records in locked metal containers; computer database;
computer magnetic discs/tapes.
Retrievability:
By patient's surname; Social Security Number or other individually
identifying characteristics.
Safeguards:
Records are maintained in storage areas in locked file cabinets
where access is restricted to authorized persons having an official
need-to-know.
Retention and disposal:
Primary location: Records are destroyed 5 years after termination
of the patient's treatment, unless the Army Medical Department
Activity/Facility commander authorizes retention for an additional 6
months.
Secondary location: Manual records are retained up to 18 months or
until information taken therefrom and entered into computer records is
transferred to the `history' file, whichever is sooner. Disposal of
manual records is by burning or shredding. Computer records are
retained permanently for historical and/or research purposes.
System manager(s) and address:
Deputy Chief of Staff for Personnel, Headquarters, Department of
the Army (DAPE-HR-PR), 300 Army Pentagon, Washington, DC 20320-3000.
Notification procedure:
Individuals seeking to determine if information about themselves is
contained in this record system should address written inquiries to
either the commander of the medical center/medical department activity
where treatment was obtained or the Army Center for Substance Abuse
Programs, 4501 Ford Avenue, Suite 320, Alexandria, VA 22302-1460.
Official mailing addresses are published as an appendix to the Army's
compilation of record system notices.
Individual should provide the full name, Social Security Number,
date of birth, current address and telephone number, and signature.
Record access procedures:
Individuals seeking access to records about themselves contained in
this record system should address written inquiries to either the
commander of the medical center/medical department activity where
treatment was obtained or the Army Center for Substance Abuse Programs,
4501 Ford Avenue, Suite 320, Alexandria, VA 22302-1460. Official
mailing addresses are published as an appendix to the Army's
compilation of record system notices.
Individual should provide the full name, Social Security Number,
date of birth, current address and telephone number, and signature.
Contesting record procedures:
The Army's rules for accessing records, and for contesting contents
and appealing initial agency determinations are contained in Army
Regulation 340-21; 32 CFR part 505; or may be obtained from the system
manager.
Denial to amend records in this system can be made only by the
Deputy Chief of Staff for Personnel in coordination with The Surgeon
General.
Record source categories:
From the individual by interviews and history statement; abstracts
or copies of pertinent medical records; abstracts from personnel
records; results of tests; physicians' notes, observations of client's
behavior; related notes, papers, and forms from counselor, clinical
director, and/or commander.
Exemptions claimed for the system:
None.
[FR Doc. 99-1788 Filed 1-26-99; 8:45 am]
BILLING CODE 5000-04-F