Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60763 

mission to protect and promote people’s 

health. The board provides advice and 

guidance that will assist NCEH/ATSDR 

in ensuring scientific quality, 

timeliness, utility, and dissemination of 

results. The board also provides 

guidance to help NCEH/ATSDR work 

more efficiently and effectively with its 

various constituents and to fulfill its 

mission in protecting America’s health. 

MATTERS TO BE DISCUSSED: The agenda 

items for the BSC Meeting on October 

21–22, 2010 will include presentations 

from the Division of Environmental 

Hazards and Health Effects to the BSC 

on Air Pollution and Respiratory Health, 

Environmental Health Tracking, and 

Climate Control; a discussion of ATSDR 

Funded State Reports; an update on 

Amyotrophic Lateral Sclerosis (ALS) 

Registry; Director Updates on ATSDR; 

Director Updates on NCEH and Program 

Response to BSC Program Peer Review 

of the Division of Laboratory Sciences. 

Agenda items are subject to change as 

priorities dictate. 

SUPPLEMENTARY INFORMATION: The 

public comment period is scheduled 

from 3:45 p.m. until 4 p.m. October 21, 

2010. 

CONTACT PERSON FOR MORE INFORMATION: 

Sandra Malcom, Committee 

Management Specialist, NCEH/ATSDR, 

CDC, 4770 Buford Highway, Mail Stop 

F–61, Chamblee, Georgia 30345; 

telephone 770/488–0575, fax 770/488– 

3377; E-mail: smalcom@cdc.gov. The 

deadline for notification of attendance is 

October 15, 2010. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities for both CDC and 

NCEH/ATSDR. 

Dated: September 27, 2010. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2010–24671 Filed 9–30–10; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Center for Scientific Review; Notice of 

Closed Meetings 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. App.), notice is 

hereby given of the following meetings. 

The meetings will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: Healthcare Delivery 

and Methodologies Integrated Review Group, 

Biostatistical Methods and Research Design 

Study Section. 

Date: October 21, 2010. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: InterContinental Mark Hopkins 

Hotel, 999 California Street, San Francisco, 

CA 94108. 

Contact Person: Tomas Drgon, PhD, 

Scientific Review Officer, Center for 

Scientific Review, National Institutes of 

Health, 6701 Rockledge Drive, Room 3152, 

MSC 7770, Bethesda, MD 20892, 301–435– 

1017, tdrgon@csr.nih.gov. 

Name of Committee: Center for Scientific 

Review Special Emphasis Panel, Member 

Conflict: Enabling Bioanalytical and Imaging 

Technologies. 

Date: October 29, 2010. 

Time: 10 a.m. to 1 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 6701 

Rockledge Drive, Bethesda, MD 20892. 

(Telephone Conference Call) 

Contact Person: Allen Richon, PhD, 

Scientific Review Officer, Center for 

Scientific Review, National Institutes of 

Health, 6701 Rockledge Drive, Room 6181, 

MSC 7892, Bethesda, MD 20892, 301–435– 

2902, allen.richon@nih.hhs.gov. 

Name of Committee: Center for Scientific 

Review Special Emphasis Panel, Member 

Conflict: Topics in Microbial Diseases. 

Date: November 1–2, 2010. 

Time: 9 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 6701 

Rockledge Drive, Bethesda, MD 20892. 

(Virtual Meeting) 

Contact Person: Liangbiao Zheng, PhD, 

Scientific Review Officer, Center for 

Scientific Review, National Institutes of 

Health, 6701 Rockledge Drive, Room 3214, 

MSC 7808, Bethesda, MD 20892, 301–402– 

5671, zhengli@csr.nih.gov. 

Name of Committee: Center for Scientific 

Review Special Emphasis Panel, Diabetes, 

Obesity and Endocrine Disorders. 

Date: November 2–3, 2010. 

Time: 11 a.m. to 2 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 6701 

Rockledge Drive, Bethesda, MD 20892. 

(Virtual Meeting) 

Contact Person: Krish Krishnan, PhD, 

Scientific Review Officer, Center for 

Scientific Review, National Institutes of 

Health, 6701 Rockledge Drive, Room 6164, 

MSC 7892, Bethesda, MD 20892, (301) 435– 

1041, krishnak@csr.nih.gov. 

Name of Committee: Center for Scientific 

Review Special Emphasis Panel, 

Fellowships: Physiology and Pathobiology of 

Cardiovascular and Respiratory Systems. 

Date: November 18–19, 2010. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: The Fairmont San Francisco, 950 

Mason Street, San Francisco, CA 94108. 

Contact Person: Abdelouahab Aitouche, 

PhD, Scientific Review Officer, Center for 

Scientific Review, National Institutes of 

Health, 6701 Rockledge Drive, Room 4222, 

MSC 7812, Bethesda, MD 20892, 301–435– 

2365, aitouchea@csr.nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.306, Comparative Medicine; 

93.333, Clinical Research, 93.306, 93.333, 

93.337, 93.393–93.396, 93.837–93.844, 

93.846–93.878, 93.892, 93.893, National 

Institutes of Health, HHS) 

Dated: September 27, 2010. 

Jennifer S. Spaeth, 

Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2010–24680 Filed 9–30–10; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

Privacy Act of 1974; Report of an 

Altered System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Health 

Resources and Services Administration 

(HRSA). 

ACTION: Notice of an Altered System of 

Records (SOR). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

the Health Resources and Services 

Administration (HRSA) is publishing a 

notice to alter the system of records for 

the National Practitioner Data Bank for 

Adverse Information on Physicians and 

other Health Care Practitioners, HHS/ 

HRSA/BHPR. The SORN 09–15–0054 

was last published March 17, 1997. In 

accordance with the Health Care Quality 

Improvement Act of 1986, as amended, 

title IV of Public Law 99–660 (42 U.S.C. 

11101 et seq.) authorizes the Secretary 

to establish a National Practitioner Data 

Bank (NPDB) to collect and release 

certain information relating to the 

professional competence and conduct of 

physicians, dentists, and other health 

care practitioners. This information is 

releasable only to specific entities 

described in the SORN. It requires the 


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maintenance of records such as medical 

malpractice payments, adverse licensure 

and clinical privilege actions, 

disciplinary actions taken by Boards of 

Medical Examiners, and professional 

review actions taken by health care 

entities against physicians, dentists, and 

other healthcare practitioners. Section 

1921 of the Social Security Act, as 

amended by Section 5(b) of the 

Medicare and Medicaid Patient and 

Program Protection Act of 1987 

(MMPPPA), and as amended by the 

Omnibus Budget Reconciliation Act of 

1990 (OBRA), expands reporting to the 

NPDB to authorize maintenance of 

records of adverse licensure actions and 

negative actions or findings taken by a 

State licensing authority, peer review 

organization, or private accreditation 

entity against all healthcare 

practitioners or healthcare entities. 

The purpose of these alterations is to 

update: (1) System location; (2) Category 

of individuals covered by the system; (3) 

Category of records in the system; (4) 

Policies and practices for storing, 

retrieving, accessing, retaining, and 

disposing of records in the system; (5) 

Notification procedure; (6) Record 

access procedures; (7) Contesting record 

procedures; and (8) Routine uses for the 

contractors accessing the system. Also, 

HRSA is proposing an additional 

routine use, number 17 (Responding to 

a breach of the security or 

confidentiality of information) for this 

system of records. The physical NPDB 

system which includes hardware and 

software will not be altered. 

DATES: HRSA filed an altered system 

report with the Chair of the House 

Committee on Government Reform and 

Oversight, the Chair of the Senate 

Committee on Homeland Security and 

Governmental Affairs, and the 

Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on 

6/13/10. To ensure all parties have 

adequate time in which to comment, the 

altered systems including the routine 

uses, will become effective 30 days from 

the publication of the notice or 40 days 

from the date it was submitted to OMB 

and Congress, whichever is later, unless 

HRSA receives comments that require 

alterations to this notice. 

ADDRESSES: Please address comments to 

Associate Administrator, Bureau of 

Health Professions, Health Resources 

and Services Administration, 5600 

Fishers Lane, Room 8–103, Rockville, 

Maryland 20857. Comments received 

will be available for inspection at this 

same address from 9 a.m. to 3 p.m. 

(Eastern Standard Time Zone), Monday 

through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Practitioner Data 

Banks, Bureau of Health Professions, 

5600 Fishers Lane, Room 8–103, 

Rockville, Maryland 20857; Telephone: 

(301) 443–2300. This is not a toll-free 

number. 

SUPPLEMENTARY INFORMATION: The 

Health Resources and Services 

Administration is proposing a change 

to: (1) System location; (2) Category of 

individuals covered by the system; (3) 

Category of records in the system; (4) 

Policies and practices for storing, 

retrieving, accessing, retaining, and 

disposing of records in the system; (5) 

Notification procedure; (6) Record 

access procedures; (7) Contesting record 

procedures; and (8) Routine uses for the 

contractors accessing the system. 

The above listed items are being 

modified to reflect changes in the 

business process and the addition of 

new information pursuant to Section 

1921 of the Social Security Act. The 

specific changes are as follows: (1) 

System location reflects a move to new 

secure facility; (2) individual profession 

covered by the system is a new category; 

(3) record in the system changed from 

narrative to list format; (4) policies and 

practices for storing, retrieving, 

accessing, retaining, and disposing of 

records in the system to reflect changes 

in business practice and procedure; (5) 

notification procedures demonstrate the 

method used to notify a subject of a 

report; (6) record access procedures list 

the new Domain Name (DN); (7) 

contesting record procedures reflect a 

change from Health Care Financing 

Administration (HCFA) to Centers for 

Medicare and Medicaid Services (CMS); 

and (8) routine uses allow the contractor 

to perform their functions as it relates to 

the system. 

HRSA is also proposing an additional 

routine use, number 17, to permit 

disclosures to appropriate federal 

agencies and Department contractors 

that have a need to know the 

information for the purpose of assisting 

the Department’s efforts to respond to a 

suspected or confirmed breach of the 

security or confidentiality of 

information maintained in this system 

of records, and the information 

disclosed is relevant and necessary for 

that assistance. 

Dated: September 16, 2010. 

Mary K. Wakefield, 

Administrator. 

System Number: 09–15–0054. 

SYSTEM NAME: 

National Practitioner Data Bank for 

Adverse Information on Physicians and 

Other Health Care Practitioners, HHS/ 

HRSA/BHPR. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

The contractor, SRA International, 

Inc., operates and maintains an internetbased system through a technical 

service contract for the Division of 

Practitioner Data Banks, Bureau of 

Health Professions, Health Resources 

and Services Administration. SRA’s 

physical address is 4350 Fair Lakes 

Courts, Fairfax Virginia 22033–4233. 

This system is located at the AT&T Data 

Center, a secure facility; the street 

address will not be disclosed for 

security reasons. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The system collects and maintains 

information in accordance with 5 U.S.C. 

552a of the Privacy Act of 1974, as 

follows: 

(1) Medical malpractice payment 

reports for all health care practitioners, 

i.e. physicians, dentists, nurses, 

optometrists, pharmacists, and 

podiatrists, etc.; (2) adverse clinical 

privilege action reports for physicians, 

dentists, and other healthcare 

practitioners who may have medical 

staff privileges either restricted or 

surrendered; (3) adverse licensure 

action reports for physicians, dentists 

and other healthcare practitioners and 

healthcare entities such as a suspension 

or revocation; (4) adverse professional 

society membership action reports for 

physicians and dentists; (5) reports of 

the results of formal proceedings by a 

State licensing authority, peer review 

organization, or private accreditation 

organization concluded against a health 

care practitioner or entity; (6) reports of 

Medicare/Medicaid exclusions of all 

healthcare practitioners; and (7) reports 

of adverse actions taken against the U.S. 

Drug Enforcement Administration 

(DEA) registration of all healthcare 

practitioners. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system collects and maintains 

categories of information concerning 

healthcare practitioners such as: 

1. Name. 

2. Work address. 

3. Home address. 

4. Social Security number. 

5. Date of birth. 

6. Name of each professional school 

attended and year of graduation. 

7. Professional license(s) number. 

8. Field of licensure. 

9. Name of the State or Territory in 

which the license is held. 


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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60765 

10. DEA registration numbers. 

11. CMS unique practitioner 

identification number (for exclusions 

only). 

12. Names of each hospital with 

which the practitioner is affiliated. 

13. Name and address of the entity 

making the payment. 

14. Name, title, and telephone number 

of the official responsible for submitting 

the report on behalf of the entity. 

15. Payment information including 

the date and amount of payment and 

whether it is for a judgment or 

settlement. 

16. Date action occurred. 

17. Acts or omissions upon which the 

action or claim was based. 

18. Description of the action/ 

omissions and injuries or illnesses upon 

which the action or claim was based. 

19. Description of the Board action, 

the date of action and its effective date. 

20. Classification of the action/ 

omission per reporting code. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Health Care Quality Improvement 

Act of 1986, as amended, title IV of 

Public Law 99–660 [42 U.S.C. 11101 et 

seq.], authorizes the Secretary to 

establish a National Practitioner Data 

Bank (NPDB) to collect and release 

certain information relating to the 

professional competence and conduct of 

physicians, dentists, and other health 

care practitioners. This information is 

released only to specific entities 

described below. It requires the 

maintenance of records such as medical 

malpractice payments, adverse licensure 

and clinical privilege actions, 

disciplinary actions taken by Boards of 

Medical Examiners, and professional 

review actions taken by health care 

entities against physicians, dentists, and 

other healthcare practitioners. Section 

1921 of the Social Security Act, as 

amended by Section 5(b) of the 

Medicare and Medicaid Patient and 

Program Protection Act of 1987 

(MMPPPA), and as amended by the 

Omnibus Budget Reconciliation Act of 

1990 (OBRA), expands reporting to the 

NPDB to authorize maintenance of 

records of adverse licensure actions and 

the results of formal proceedings by a 

State licensing authority, peer review 

organization, or private accreditation 

entity against all healthcare 

practitioners or healthcare entities. 

PURPOSE(S): 

The purpose of the system is to: (1) 

Receive information such as adverse 

licensure actions on all healthcare 

practitioners or entities, clinical 

privileges and professional society 

membership actions on physicians and 

dentists based on professional 

competence and conduct, medical 

malpractice payment history on all 

health care practitioners, as well as the 

results of formal proceedings by a State 

authority, peer review organization or 

private accreditation organization 

concluded against any health care 

practitioner or entity; (2) store such 

reports so that future queriers may have 

access to pertinent information 

regarding the review of a health care 

practitioner and/or a healthcare entity 

in their process of making important 

decisions related to the delivery of 

health care services; and (3) disseminate 

such data to entities that qualify to 

receive the reports under the governing 

statutes as authorized by the Health 

Care Quality Improvement Act of 1986 

and Section 1921 of the Social Security 

Act to protect the public from unfit 

practitioners from providing patient 

care. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Information shall be disclosed to: 

1. Hospitals requesting information on 

adverse licensure actions, medical 

malpractice payments or exclusions 

from Medicare and Medicaid programs 

taken against all licensed healthcare 

practitioners such as physicians, 

dentists, nurses, podiatrists, 

chiropractors, and psychologists, among 

many. The information is accessible to 

both public and private sector hospitals 

who can request information concerning 

a physician, dentist or other health care 

practitioner who is on its medical staff 

(courtesy or otherwise) or who has 

clinical privileges at the hospital, for the 

purpose of: (a) Screening the 

professional qualifications of 

individuals who apply for staff 

positions or clinical privileges at the 

hospital; and (b) meeting the 

requirements of the Health Care Quality 

Improvement Act of 1986, which 

prescribes that a hospital must query the 

Data Bank once every 2 years regarding 

all individuals on its medical staff or 

who hold clinical privileges. 

2. Other health care entities, as 

defined in 45 CFR 60.3, to which a 

physician, dentist or other health care 

practitioner has applied for clinical 

privileges or appointment to the 

medical staff or who has entered or may 

be entering an employment or affiliation 

relationship. The purpose of these 

disclosures is to identify individuals 

whose professional conduct may be 

unsatisfactory. 

3. A health care entity with respect to 

professional review activity. The 

purpose of these disclosures is to aid 

health care entities in the conduct of 

professional review activities, such as 

those involving determinations of 

whether a physician, dentist, or other 

health care practitioner may be granted 

membership in a professional society; 

the conditions of such membership, or 

of changes to such membership; and 

ongoing professional review activities 

conducted by a health care entity which 

provides health care services, of the 

professional performance or conduct of 

a physician, dentist, or other health care 

practitioner. 

4. A State healthcare practitioner and/ 

or entity licensing or certification 

authority can request information 

expanded by Section 1921 of the Social 

Security Act in conducting a review of 

all healthcare practitioners or health 

entities. A State healthcare practitioner 

and entity licensing or certification 

authority may also request information 

when making licensure determinations 

about healthcare practitioners and 

entities. The purpose of these 

disclosures is to aid the board or 

certification authority in meeting its 

responsibility to protect the health of 

the population in its jurisdiction, by 

identifying individuals whose 

professional performance or conduct 

may be unsatisfactory. 

5. Federal and State health care 

programs (and their contractors) can 

request information reported under 

Section 1921 of the Social Security Act. 

The purpose of these disclosures is to 

aid Federal and State health programs to 

ensure the integrity and professional 

competence of affiliated health care 

practitioners and uncovering 

information needed to make appropriate 

decisions in the delivery of healthcare. 

6. State Medicaid Fraud Control Units 

(MFCUs) can request information 

reported under Section 1921 of the 

Social Security Act to assist with 

investigating fraud and prosecution of 

healthcare practitioners and providers 

in the administration of the Medicaid 

programs. 

7. U.S. Comptroller General can 

request information reported under 

Section 1921 of the Social Security Act 

to assist in determining the fitness of 

individuals to provide healthcare 

services, and protect the health and 

safety of individuals receiving health 

care through programs who employ 

these individuals. 

8. U.S. Attorney General and other 

law enforcement agencies can request 

information reported under Section 

1921 of the Social Security Act to assist 

with healthcare investigations involving 

healthcare practitioners and healthcare 

entities. The purpose of the disclosure 


emcdonald on DSK2BSOYB1PROD with NOTICES
60766 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

would assist in determining the fitness 

of individuals to provide healthcare 

services, and protect the health and 

safety of individuals receiving health 

care through programs who employ 

these individuals. 

9. Utilization and quality control Peer 

Review Organizations and those entities 

which are under contract with the CMS 

can request information reported under 

Section 1921 of the Social Security Act 

to protect and improve the quality of 

care for Medicare beneficiaries when 

performing quality of care reviews and 

other related activities. 

10. A physician, dentist, or other 

health care practitioner can request 

information concerning himself or 

herself. 

11. An entity that has been reported 

on may query the system to receive 

information concerning itself. 

12. A person or entity can request 

statistical information, in a form which 

does not permit the identification of any 

individual or entity. An example of this 

disclosure involves researchers who 

may use statistical information to 

identify the total number of nurses with 

adverse licensure actions in a specific 

State. 

13. An attorney, or individual 

representing himself or herself, who has 

filed a medical malpractice action or 

claim in a State or Federal court or other 

adjudicative body against a hospital, 

and who requests information regarding 

a specific physician, dentist, or other 

health care practitioner who is also 

named in the action or claim provided 

that: (a) This information will be 

disclosed only upon the submission of 

evidence that the hospital failed to 

request information from the Data Bank 

as required by law; and (b) the 

information will be used solely with 

respect to litigation resulting from the 

action or claim against the hospital. The 

purpose of these disclosures is to permit 

an attorney (or a person representing 

himself or herself in a medical 

malpractice action) to have information 

from the Data Bank on a health care 

practitioner, under the conditions set 

out in this routine use. 

14. Any Federal entity, employing or 

otherwise engaging under arrangement 

(e.g., such as a contract) the services of 

a physician, dentist, or other health care 

practitioner, or having the authority to 

sanction such practitioners covered by a 

Federal program, which: (a) Enters into 

a memorandum of understanding with 

HHS regarding its participation in the 

Data Bank; (b) engages in a professional 

review activity in determining an 

adverse action against a practitioner; 

and (c) maintains a Privacy Act system 

of records regarding the health care 

practitioners it employs, or whose 

services it engages under arrangement. 

The purpose of such disclosures is to 

enable hospitals and other facilities and 

health care providers under the 

jurisdiction of Federal agencies such as 

the Public Health Service, HHS; the 

Department of Defense; the Department 

of Veterans’ Affairs; the U.S. Coast 

Guard; and the Bureau of Prisons, 

Department of Justice, to participate in 

the Data Bank. The Health Care Quality 

Improvement Act of 1986 includes 

provisions regarding the participation of 

such agencies and of the DEA. 

15. In the event of litigation where the 

defendant is: (a) The Department, any 

component of the Department, or any 

employee of the Department in his or 

her official capacity; (b) the United 

States where the Department determines 

that the claim, if successful, is likely to 

affect directly the operation of the 

Department or any of its components; or 

(c) any Department employee in his or 

her individual capacity where the 

Department of Justice has agreed to 

represent such employee, for example in 

defending a claim against the Public 

Health Service based upon an 

individual’s mental or physical 

condition and alleged to have arisen 

because of activities of the Public Health 

Service in connection with such 

individual, disclosures may be made to 

the Department of Justice to enable the 

Department to present an effective 

defense, provided that such disclosure 

is compatible with the purpose for 

which the records were collected. 

16. The contractor, SRA International 

Inc., accesses the system to operate and 

maintain it. These functions include but 

are not limited to providing continuous 

user availability, develop system 

enhancements, upgrade of hardware and 

software, security information 

assurance, and system backups. 

17. To appropriate Federal agencies 

and Department contractors that have a 

need to know the information for the 

purpose of assisting the Department’s 

efforts to respond to a suspected or 

confirmed breach of the security or 

confidentiality of information 

maintained in this system of records, 

and the information disclosed is 

relevant and necessary for that 

assistance. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on database 

servers with disk storage, optical 

jukebox storage, backup tapes and 

printed reports. 

RETRIEVABILITY: 

Records are retrieved by name, date of 

birth, Social Security number, 

educational information, and license 

number. The matching algorithm uses 

these data elements to match reports to 

the subject. 

SAFEGUARDS FOR ACCESSING RECORDS: 

1. Authorized Users include internal 

users such as the government and 

contractor personnel staff who support 

the Data Banks and are required to 

obtain favorable adjudication for a Level 

5 Position of Public Trust. New 

employees of the NPDB and the 

contractor must attend security training, 

sign a Non-Disclosure Agreement, and 

sign the Rules of Behavior which is 

renewed annually. Authorized users are 

given role-based access to the system on 

a limited need-to-know basis. All 

physical and logical access to the 

system is removed upon termination of 

employment. External users, who are 

responsible for meeting Title IV 

reporting and/or querying requirements 

to the Data Banks, are responsible for 

determining their eligibility to access 

the Data Banks through a selfcertification process which requires 

completing an Entity Registration form. 

All external users must acknowledge the 

Rules of Behavior. All external users 

must re-register every two years to 

access the Data Banks. Both HRSA and 

the contractor maintain lists of 

authorized users. 

2. Physical Safeguards involve 

physical controls that are in place 24 

hours a day/7 days a week such as 

identification badge access, cipher 

locks, locked hardware cages, man trap 

with biometric hand scanner, security 

guard monitoring, and closed circuit 

TV. All sites are protected with fire and 

environmental safety controls. 

3. Technical Safeguards include 

firewalls, network intrusion detection, 

host-based intrusion detection and file 

integrity monitoring, user identification, 

and passwords restrictions. All webbased traffic is encrypted using 128 bit 

SSL and all network traffic is encrypted 

internally. 

4. Administrative Safeguards involve 

certification and accreditation that is 

required every three years, which 

authorizes operation of the system based 

on acceptable risk. Security assessments 

are conducted continuously throughout 

the year to verify compliance with all 

required controls. 

RETENTION AND DISPOSAL OF RECORDS: 

HRSA is working with NARA to 

obtain the appropriate retention value. 


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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60767 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Division of Practitioner Data 

Banks, Bureau of Health Professions, 

Health Resources and Services 

Administration, Room 8–103, Parklawn 

Building, 5600 Fishers Lane, Rockville, 

Maryland 20857. 

NOTIFICATION PROCEDURE: 

Information is available upon request, 

to the persons or entities, or to the 

authorized agents in such form or 

manner as the Secretary prescribes. The 

subject of a report is notified via U.S. 

mail when a record concerning the 

individual is submitted to the Data Bank 

via Subject Notification Document 

(SND). 

REQUESTS BY MAIL: 

Practitioners may submit a ‘‘Request 

for Information Disclosure’’ to the 

address under system location for any 

report on themselves. The request must 

contain the following: Name, address, 

date of birth, gender, Social Security 

Number (optional), professional schools 

and years of graduation, and the 

professional license(s). For license, 

include: The license number, the field 

of licensure, the name of the State or 

Territory in which the license is held, 

and DEA registration number(s). The 

practitioner must submit a signed and 

notarized self-query request. 

PENALTIES FOR VIOLATION: 

Submitting a request under false 

pretenses is a criminal offense and 

subject to a civil monetary penalty of up 

to $11,000 for each violation. 

REQUESTS IN PERSON: 

Due to security considerations, the 

Data Bank cannot accept requests in 

person. 

REQUEST BY TELEPHONE: 

Practitioners may provide all of the 

identifying information stated above to 

the Data Bank Customer Service Center 

operator. Before the data request is 

fulfilled, the operator will return a 

paper copy of this information for 

verification, signature and notarization. 

RECORD ACCESS PROCEDURES: 

Request for access of records in the 

Data Bank may be completed online at: 

http://www.npdb-hipdb.hrsa.gov. The 

requests are submitted over the web 

using the Integrated Query and 

Reporting Service (IQRS), Query and 

Reporting Extensible Markup Language 

Service (QRXS), Interface Control 

Document (ICD) Transfer Program (ITP) 

or the Proactive Disclosure Service 

(PDS). Self-query, as described 

previously, may be initiated via the 

electronic system and is completed 

using the conventional mail system. 

Requesters, including self-queries, will 

receive an accounting of disclosure that 

has been made of their records, if any. 

CONTESTING RECORD PROCEDURES: 

The Data Bank routinely mails a copy 

of any report filed in it to the subject 

individual. A subject individual may 

contest the accuracy of information in 

the Data Bank concerning himself or 

herself and file a dispute. To dispute the 

accuracy of the information, the 

individual must contact the Data Bank 

and the reporting entity to: (1) Request 

for the reporting entity to file correction 

to the report; and (2) request the 

information be entered into a ‘‘disputed’’ 

status and submit a statement regarding 

the basis for the inaccuracy of the 

information in the report. If the 

reporting entity declines to change the 

disputed report or takes no actions, the 

subject may request that the Secretary of 

HHS review the disputed report. In 

order to seek a Secretarial Review, the 

subject must: (1) Provide written 

documentation containing clear and 

brief factual information regarding the 

information of the report; (2) submit 

supporting documentation or 

justification substantiating that the 

reporting entity’s information is 

inaccurate; and (3) submit proof that the 

subject individual has attempted to 

resolve the disagreement with reporting 

entity but was unsuccessful. The 

Department can only determine whether 

the report was legally required to be 

filed and whether the report accurately 

depicts the action taken and the 

reporter’s basis for action. Additional 

detail on the process of dispute 

resolution and Secretarial Review 

process can be found at 45 CFR § 60.14 

of the Data Bank regulations. 

RECORD SOURCE CATEGORIES: 

The records contained in the system 

are submitted by the following entities: 

(1) Insurance companies and others who 

have made payment as a result of a 

malpractice action or claim, (2) State 

Boards of Medical and Dental 

Examiners; (3) State Licensing Boards; 

(4) hospitals and other health care 

entities; (5) DEA; and (6) Federal 

entities which employ health 

practitioners or who have authority to 

sanction such practitioners covered by a 

Federal program. Section 1921 of the 

Social Security Act expands reporting of 

actions submitted by State health care 

practitioner licensing and certification 

authorities (including medical and 

dental boards), State entity licensing 

and certification authorities, peer 

review organizations and private 

accreditation organizations. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 2010–24568 Filed 9–30–10; 8:45 am] 

BILLING CODE 4160–15–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2010–N–0506] 

Office of the Commissioner; Request 

for Comments on the Food and Drug 

Administration Fiscal Year 2011–2015 

Strategic Priorities Document; Request 

for Comments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice; request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA) is seeking public 

comment on its draft Strategic Priorities 

FY 2011–2015. FDA has identified these 

strategic priorities and goals that will 

guide its efforts to achieve its public 

health mission. FDA is seeking public 

comment to help further refine these 

priorities and goals. 

DATES: Submit either electronic or 

written comments by November 1, 2010. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Darian Tarver, Office of Planning, Food 

and Drug Administration, 10903 New 

Hampshire Ave., Bldg. 32, rm. 4219, 

Silver Spring, MD 20993–0002, 301– 

796–4850. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FDA is posting its draft Strategic 

Priorities FY 2011–2015 to ensure that 

key stakeholders are given an 

opportunity to comment on this 

document. 

The purpose of this document is to 

outline FDA’s strategic intentions and 

plans for the next 5 years (fiscal year 

(FY) 2011 through 2015). This 

document identifies four key crosscutting strategic priorities and four 

strategic program goals that will guide 

efforts to achieve FDA’s public health 

mission and to fulfill its role in 

supporting the larger mission and 

strategic goals of the Department of 


emcdonald on DSK2BSOYB1PROD with NOTICES