

[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]               
[Page 60554-60557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc06-93]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2006-0002]
RIN 1660-ZA12

 
Privacy Act of 1974; National Disaster Medical System Medical 
Professional Credentials System of Records

AGENCY: National Disaster Medical System; Response Division, Federal 
Emergency Management Agency, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security gives notice that the Federal Emergency Management 
Agency, Response Division, National Disaster Medical System, is 
establishing a new system of records entitled the ``National Disaster 
Medical System Medical Professional Credentials System of Records.''
    This system of records will enable the National Disaster Medical 
System to have an efficient, centralized method for collecting medical 
credentials and verifying continued certification of the credentials of 
deployable medical personnel.

DATES: The system of records will be effective November 13, 2006, 
unless comments are received that result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments;
     E-mail: FEMA-RULES@dhs.gov. Include Docket ID FEMA-2006-
0002 in the subject line of the message;
     Fax: 202-646-4536 (not a toll-free number); or
     Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of 
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C 
Street, SW., Washington, DC 20472; Maureen Cooney, Acting Chief Privacy 
Officer, Department of Homeland Security, 601 S. 12th Street, 
Arlington, VA 22202.
    Instructions: All submissions received must include the agency name 
and Docket ID (if available) for this notice. All comments received 
will be posted without change to http://www.regulations.gov, including 

any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
 Submitted comments may also be inspected at FEMA, 

Office of Chief Counsel, 500 C Street, SW., Room 835, Washington, DC 
20472.

FOR FURTHER INFORMATION CONTACT: Captain Ana Marie Balingit-Wines, 
Credentialing Program Manager, FEMA/NDMS, 500 C Street, SW., Suite 713, 
Washington, DC 20472, at 202-646-4248, for credentialing matters; Jean 
Hardin, Attorney, FEMA Office of Chief Counsel, General Law Division, 
500 C Street, SW., Room 713 H, Washington, DC 20472, at 202-646-4059; 
Hugo Teufel III, Chief Privacy Officer, Department of Homeland 
Security, 601 S. 12th Street, Arlington, VA 22202-4220, at 571-227-
3813.

SUPPLEMENTARY INFORMATION: The National Disaster Medical System (NDMS), 
authorized by 42 U.S.C. 300hh-11(b), has primary responsibility for 
providing emergency medical care after a natural or man-made disaster 
or in the

[[Page 60555]]

event of a public health emergency. NDMS functions as a coordinated 
effort by the Department of Homeland Security (DHS)/Federal Emergency 
Management Agency (FEMA), Department of Health and Human Services, the 
Department of Defense, and the Department of Veterans Affairs, but is 
managed by FEMA's Response Division.
    NDMS personnel are composed of medical professionals and allied 
health members \1\ who are hired and deployed specifically to provide 
medical care in the event of an emergency. NDMS members are activated 
and employed as Federal employees not only to provide health care 
services, but also health-related social services, family assistance, 
and coordination with other assisting agencies. NDMS personnel also 
function as appropriate auxiliary service providers for mortuary and 
veterinary services to respond to the needs of victims during an 
emergency. These individuals are assigned to Disaster Medical 
Assistance Teams (DMATS) or other specialty teams that are placed in 
various locations throughout the United States.
---------------------------------------------------------------------------

    \1\ Allied health professionals/members are employed in those 
clinical healthcare professions distinct from the medical, dental, 
and nursing profession. As the name implies, they are all allies in 
the healthcare team, working together to make the healthcare system 
function.
---------------------------------------------------------------------------

    To facilitate the continued provision of high quality care to both 
people and animals, NDMS collects the information necessary to make 
decisions concerning the hiring and retention of these individuals for 
disaster relief efforts. In addition, NDMS collects information on 
qualified medical professionals who are System Members of the National 
Urban Search and Rescue Response System (US&R), which also falls under 
the responsibility of FEMA's Response Division.
    To assess qualifications, NDMS asks applicants to complete the 
Optional Form (OF) 612 or other standard formats for applications for 
Federal employment or status. While the employment forms, like the OF 
612 (used to gather information necessary for credentialing) are 
currently submitted in paper format, NDMS has developed electronic data 
entry forms specifically for credentialing and the forms have been 
submitted to the Office of Management and Budget (OMB) for approval. 
Information taken from the completed paper applications is transferred 
to a database that is maintained by NDMS.
    The information that is collected on the OF 612 or other 
application formats, consists of:
     Name (Last, First, Middle), including any other names 
known by and when.
     Social Security Number.
     Position Being Applied For.
     Home Address, including street address, City, State, and 
Zip Code.
     Home Telephone.
     Cell Phone, if applicable.
     Fax number, if applicable.
     E-mail address, if applicable.
     Current Employer Name, if applicable, or place of 
employment.
     Primary Office Address, including street address, City, 
State and Zip Code.
     Primary Office Telephone, Fax, or E-mail.
     Place of Birth, City, State, Country other than U.S.
     Citizenship, and if not a citizen, Status and Visa Number.
     Gender.
     Military Service History, if applicable, and copy of DD 
214.
     Other Employment History, including name, location, dates, 
and contact information.
     Other health care facility affiliations.
     Education Background, including names and dates for all 
certificates and diplomas.
     Specialty(ies), including all certificates or other 
documentation.
     If certifying Board membership, Board name and address, 
and most recent date.
     Certification, date of initial certification and most 
recent certification.
     Examinations passed.
     Licenses--include for all States.
     Drug Enforcement Administration Registration Number, if 
applicable.
     References, including name, address, phone numbers, and e-
mail addresses.
     Other information, such as criminal history, medical 
malpractice action, or other disciplinary action taken against the 
applicant, if applicable. (This includes statements from all 
malpractice insurance carriers, dating back ten years.)
    This collected information serves as the basis by which hiring 
officials can certify the providers' basic qualifications for the jobs 
to which they are assigned, as well as to determine the clinical 
privileges \2\ designated to specific team members. The verification of 
credentials ensures that the medical treatment provided is done by 
qualified, licensed, professionals who meet the industry standard. 
Credential verification also provides DHS the ability to utilize these 
employees in the most effective way possible. Similar information on 
US&R medical professionals is included in the database.
---------------------------------------------------------------------------

    \2\ Privileges are granted by an institution based on 
credentials, skill currency, skill proficiency, and resources 
available within the organization. For example, if an individual was 
trained in a skill ten years ago but has not practiced that skill 
recently, the institution would not allow that skill to be performed 
within its facility without demonstrated refresher training. 
Privileges are used to ensure providers and institutions are 
providing quality care.
---------------------------------------------------------------------------

    The Privacy Act (5 U.S.C. 552a) embodies fair information 
principles in a statutory framework governing the means by which the 
United States Government collects, maintains, uses and disseminates 
personally identifiable information. The Act applies to information 
that is maintained in a ``system of records.'' A ``system of records'' 
is a group of any records under the control of an agency from which 
information is retrieved by the name of the individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. The National Disaster Medical System Medical 
Professional Credentials File System established by this notice is such 
a system of records.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of the type and character of each system of 
records that the agency maintains, and the routine uses for which such 
information may be disseminated and the purpose for which the system is 
maintained. The following description is provided for the National 
Disaster Medical System Medical Professional Credentials System of 
Records. In accordance with 5 U.S.C. 552a(r), notification of the 
creation of this record system has been provided to Congress and to 
OMB.
DHS/FEMA/NDMS-1

SYSTEM NAME:
    National Disaster Medical System Medical Professional Credentials 
System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The database and paper records for this system of records will be 
maintained within NDMS offices at FEMA Headquarters, 500 C Street, SW., 
Suite 713, Washington, DC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers the following types of medical 
professionals and allied health members who apply to the NDMS and US&R:
     Doctors (or physicians).

[[Page 60556]]

     Physician's Assistants.
     Dentists.
     Dental Assistants and Hygienists.
     Pharmacists.
     Pharmacy Assistants.
     Nurses--Registered and Licensed Vocational or Licensed 
Practical Nurses.
     Nurse's Aides.
     Dietitians.
     Psychologists.
     Paramedics and Emergency Medical Technicians.
     Social Workers.
     Therapists.
     Radiology Technicians.
     Respiratory Therapists.
     Medical Technologists.
     Counselors.
     Optometrists and Opticians.
     Veterinarians.

CATEGORIES OF RECORDS IN THE SYSTEM:
    FEMA will collect medical credential and qualification information 
from all medical professionals and allied health members who apply to 
the NDMS and US&R. The types of information to be maintained in the 
system of records include:
     Name (Last, First, Middle), including any other names 
known by and when.
     Social Security number.
     Position Being Applied For.
     Home Address, including street address, City, State, and 
Zip Code.
     Home Telephone.
     Cell Phone, if applicable.
     Fax number, if applicable.
     E-mail address, if applicable.
     Current Employer Name, if applicable, or place of 
employment.
     Primary Office Address, including street address, City, 
State and Zip Code.
     Primary Office Telephone, Fax, or E-mail.
     Place of Birth, City, State, Country other than U.S.
     Citizenship, and if not a citizen, Status and Visa Number.
     Gender.
     Military Service History, if applicable, and copy of DD 
214.
     Other Employment History, including name, location, dates, 
and contact information.
     Other health care facility affiliations.
     Education Background, including names and dates for all 
certificates and diplomas.
     Specialty(ies), including all certificates or other 
documentation.
     If certifying Board membership, Board name and address, 
and most recent date.
     Certification, date of initial certification and most 
recent certification.
     Examinations passed.
     Licenses--include for all States.
     Drug Enforcement Agency Number.
     References, including name, address, phone numbers and e-
mail addresses.
     Other information, such as criminal history, medical 
malpractice action, or other disciplinary action taken against the 
applicant, if applicable. (This includes statements from all 
malpractice insurance carriers, dating back ten years.)
    Copies of actual diplomas, transcripts, licenses, or certificates, 
a signed attestation form and a release of information form will also 
be requested from the applicants, and, in some cases, certified copies 
must be sent from the institution or certifying agency.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The collection of information is based on the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206, the 
Homeland Security Act of 2002, Public Law 107-296 (2002), 6 U.S.C. 101, 
et seq., and the Health Care Quality Improvement Act of 1986, 42 U.S.C. 
11101, et seq. The NDMS Statute, 42 U.S.C. 300hh-11, is the authority 
that places NDMS within DHS/FEMA. The National Response Plan, Emergency 
Support Function 8, ``Public Health and Medical Services 
Annex'' also delineates NDMS responsibilities for providing health care 
and coordinating with the Department of Defense, Department of Veterans 
Affairs, and Department of Health and Human Services in an emergency 
requiring implementation of the National Response Plan.

PURPOSE(S):
    Information is collected on potential and current NDMS medical 
providers and US&R medical providers for three primary purposes: Hiring 
decisions; certification/recertification; and privileging.

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, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a (b)(3) as follows:
    (A) To a Member of Congress or a Congressional staff member in 
response to an inquiry from the Congressional office made at the 
request of the individual to whom the records pertain.
    (B) To the Department of Justice (DOJ) or other Federal agency 
conducting litigation or in proceedings before any court, adjudicative 
or administrative body, when: (1) DHS, or (2) any employee of DHS in 
his/her official capacity, or (3) any employee of DHS in his/her 
individual capacity where DOJ or DHS has agreed to represent the 
employee, or (4) the United States or any agency thereof, is a party to 
the litigation or has an interest in such litigation, and DHS 
determines that disclosure is relevant and necessary to the litigation.
    (C) To the National Archives and Records Administration (NARA) or 
other Federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. sections 
2904 and 2906.
    (D) To an agency, organization, or individual for the purposes of 
performing authorized audit or oversight operations.
    (E) Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil or regulatory--the relevant records may be referred to 
an appropriate Federal, State, local, or tribal law enforcement 
authority or other appropriate agency charged with investigating or 
prosecuting such a violation or enforcing or implementing such law.
    (F) To a Federal, State, local and tribal government to help in 
identifying and meeting health and medical needs of victims in an 
Incident of National Significance.
    (G) To the other Federal agencies with which NDMS coordinates under 
the National Response Plan to include the Department of Defense, the 
Department of Veterans Affairs, and the Department of Health and Human 
Services.
    (H) To credentialing entities, governmental or private, that NDMS 
agrees to work with to verify credential information and facilitate 
exchange of information for deployment purposes. This includes 
entities, such as the National Practitioner Databank, which serves as a 
clearinghouse for any derogatory information on medical professionals, 
such as revoked licenses or other information that may prevent these 
NDMS members from legally performing the medical duties for the 
position that they hold.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE
    Paper records from this system are stored in the FEMA Headquarters 
Building, NDMS Central Office, at 500

[[Page 60557]]

C Street, SW., Suite 713, Washington, DC 20472. The database into which 
the information is entered is also maintained within the same office 
space. FEMA Headquarters manages data use at all locations where it 
will be needed, including all locations where NDMS or US&R members will 
be deployed. FEMA has a configuration management process that is used 
to share any necessary information in a consistent and secure manner 
with all potential users.
    Copies of paper applications as well as information maintained 
electronically are stored in a work area that is locked when it is not 
staffed. The doors to the work area are kept closed. There is limited 
access given to persons who have a need to access the information to 
perform their official duties. FEMA computer based records such as 
databases or e-mails are stored in database servers secured in a file 
server room in another location and backed up nightly.

RETRIEVABILITY:
    Files and automated data are retrievable by name, social security 
number, medical profession, geographic area and/or residence of an 
applicant or existing NDMS or US&R medical professional employee.

SAFEGUARDS:
    Data access within DHS/FEMA computer systems is determined by the 
system administrator staff on a need-to-know basis only. Access is 
provided to the online system based upon written authorization of the 
NDMS Chief or his designee, and will result in generation of a unique 
userID and password. Passwords must be updated on a regular basis based 
upon internal FEMA administration requirements. All printouts and paper 
records will be marked as ``For Official Use Only'' (FOUO), and will be 
maintained within NDMS offices at Headquarters location, 500 C Street, 
SW., Suite 713, Washington, DC 20472. The offices containing these 
records are locked, with only authorized personnel having unsupervised 
access.
    Information is shared internally within DHS only as specified 
herein on a need-to-know basis and only for purposes of credentialing 
and for oversight of the program.
    FEMA limits the sharing of personal information collected as part 
of the NDMS and US&R medical credentialing process to external agencies 
on a case-by-case basis. Permission to have the credentialing 
information is based upon the ``need to know.'' Once the ``need to 
know'' has been established and verified, the information will be 
shared. Only those portions of the requested information for which the 
``need to know'' has been established will be shared.

RETENTION AND DISPOSAL:
    Records in this system will be retained in accordance with a 
schedule approved by NARA for personnel records. Employee files are 
retained for a period of 65 years after date of employee's separation 
from the Agency, based on NARA General Records Schedule (GRS), Sec. 1, 
1(b). The retention schedule for application information for eligible 
applicants who are not hired for any reason is delineated in GRS, 
Schedule 1, Transmittal No. 12, July 2004, Section 33, part a-t, 
``Examining and Certification Records.''

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Medical Officer, National Disaster Medical System (NDMS), 500 
C Street, SW., Suite 713, Washington, DC 20472.

NOTIFICATION PROCEDURE:
    Requests for Privacy Act protected information must conform with 
DHS regulations found at 6 CFR Part 5 and FEMA's regulations at 44 CFR 
Part 6. They must be made in writing, and clearly marked as a ``Privacy 
Act Request'' on the envelope and letter. Inquiries should be addressed 
to FEMA--Records Management Division, 500 C Street, SW., Washington, DC 
20472. Requests may also be sent to: Privacy Act Officer, DHS/FEMA 
Office of Chief Counsel (OGC), General Law Division, Room 518, 500 C 
Street, SW., Washington, DC 20472.

RECORD ACCESS PROCEDURES:
    Same as the Notification Procedure above.

CONTESTING RECORD PROCEDURE:
    Same as the Notification Procedure above. The letter should state 
clearly and concisely the information contested, the reasons for 
contesting it, and the proposed amendment to the information that is 
sought pursuant to DHS Privacy Act regulations at 6 CFR Part 5 and FEMA 
regulations at 44 CFR Part 6.

RECORD SOURCE CATEGORIES:
     Applicants for NDMS health care related jobs and US&R 
status requiring specific credentials.
     Current NDMS medical professionals requiring updated 
credential verification and privileging.
     State and local licensing boards.
     Educational institutions.
     Sources of information on which to base credentialing 
decisions for NDMS medical professionals--such as the National 
Practitioner Databank.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: October 2, 2006.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E6-16671 Filed 10-12-06; 8:45 am]

BILLING CODE 4400-10-P
