The UGA College of Veterinary Medicine

The University of Georgia College of Veterinary Medicine

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EMPLOYEE SCREENING AND CRIMINAL BACKGROUND CHECKS

It is unfortunate that drug abuse and diversion takes place in health care settings, but it does. Veterinary health care providers are a reflection of society and as drug related problems have increased in society, they have increased within the ranks of veterinary health care providers.

It is important for practices to take steps to protect the institution and its employees from the adverse impact of dealing with diversion or abuse problems. The Drug Enforcement Administration (DEA) has, through regulation and advisory statements, put the following steps into place in order to prevent the hiring of individuals who present a risk to controlled substances security.

It is the position of DEA that the obtaining of certain information is a matter of business necessity for any employee who will have access to controlled substances. It is believed that conviction of crimes and unauthorized use of controlled substances are activities that are proper subjects for inquiry, in this regard.

DEA assumes that the following questions will become a part of an employer's comprehensive employee screening program (21 CFR 1301.90):

Question: Within the past five years, have you been convicted of a felony, or within the past two years, of any misdemeanor or are you presently formally charged with committing any criminal offense? (Do not include any traffic violations, juvenile offenses or military convictions, except by general court martial.) If the answer is yes, furnish details of conviction, offense, location, date and sentence.

Question: In the past three years, have you ever knowingly used any narcotics, amphetamines or barbiturates, other than those prescribed to you by a physician? If the answer is yes, furnish details.

Advice: An authorization, in writing, that allows inquiries to be made of courts and law enforcement agencies for possible pending charges or convictions must be executed by a person who is allowed to work in an area where access to controlled substances clearly exists. A person must be advised that any false information or omission of information will jeopardize his or her position with respect to employment.

The application for employment should inform a person that information furnished or recovered as a result of any inquiry will not necessarily preclude employment, but will be considered as part of an overall evaluation of the person's qualifications. The maintaining of fair employment practices, the protection of the person's right to privacy, and the assurance that the results of such inquiries will be treated by the employer in confidence will be explained to the employee.

DEA recommends that inquiries concerning employee's criminal records be made as follows (21 CFR 1301.93):

Local inquiries

Inquiries should be made by name, date and place of birth, and other identifying information, to local courts and law enforcement agencies for records of pending charges and convictions. Local practice may require such inquiries to be made in person, rather than by mail, and a copy of an authorization from the employee may be required by certain law enforcement agencies.

DEA inquiries

Inquiries supplying identifying information should also be furnished to DEA Field Division Offices along with written consent from the concerned individual for a check of DEA files for records of convictions. The Regional check will result in a national check made by the Field Division Office.

The registrant shall not employ as an agent or employee who has access to controlled substances any person who has been convicted of a felony offense relating to controlled substances or who, at any time, had an application for registration with the DEA denied, had a DEA registration revoked, or has surrendered a DEA registration for cause. For purposes of this subsection "for cause" means a surrender in lieu of, or as a consequence of, any federal or state administrative, civil or criminal action resulting from an investigation or the individual's handling of controlled substances. (21 CFR 1301.76).

The intent is to prevent a DEA registrant from hiring anyone with access to controlled substances who probably would be denied a DEA registration due to risk of diversion. DEA can revoke DEA registration if such registration is inconsistent with the public interest (21 USC 823(f) & 824(a)(4)).

Conduct that has led to consideration of criminal charges, as well as misdemeanor or felony drug convictions are sufficient to deny or revoke registration (Federal Register Vol. 56, No. 148, August 1, 1991). The DEA office in Atlanta has stated that the term "employ" also means "use," therefore volunteers who have access to controlled substances are subject to the same screening as hired employees.

Expectations of Employees

The screening questions are part of the routine University hiring process, and do not have to be repeated at the College of Veterinary Medicine. However, any employee or prospective employee, faculty or staff, who answers "yes" to any part of the screening questions is expected to bring this to the attention of the Hospital Director.

Criminal background checks are currently performed by the Oconee County Sheriff's office. Employees must sign a release form and provide a photo ID at the Hospital Director's office. The Sheriff's office computer data base is linked to other law enforcement agencies and is equivalent to that used by DEA, so a second request is not sent to DEA.

A copy of a current DEA registration form can be submitted in lieu of having a criminal background check.

Results are criminal background checks are held in confidence and records are destroyed when they are no longer needed.

This page was last updated March 7, 2007.