Criminal Background Checks forApplicants AcceptedtoHealth Professions Schools

Robert F. Sabalis, PhDAssociate Vice PresidentStudent Affairs and Programs

March 16, 2006

AAMC Executive Council Action

• In June 2005, the AAMC Governance approved the Group on Student Affairs (GSA) proposal that “criminal background checks be completed on all applicants accepted annually to medical school”

• Four major purposes for checks: Maintain the public trust in medicine Ensure the safety and well-being of patients Assist applicants/students to enter clinical

clerkships and be licensed as physicians Limit schools’ and hospitals’ liability

Medical School Involvement• A need for active medical school involvement in

defining criminal background check (CBC) requirements: Affiliated clinical institutions’ policies are

mandating CBCs States statutes are mandating CBCs Applicants need accurate information Admission decisions are a faculty responsibility

Other Health Professions?• CBCs discussed at a 2/1/06 FASHP meeting

General interest and concern expressed

• Different approaches to the CBC challenge: Some associations have promoted a

decentralized approach to CBCs Other associations only now beginning this

discussion Cost of CBC identified as a factor Some professions leaving the CBC decision

to licensing boards rather than schools

AAMC Background• Expectations of the public?

Two-fifths of state medical boards require (or can require) CBCs of licensure applicants

But school employees, volunteers, and others must have them

In the face of societal stressors and recent medical school events, the public is seeking reassurance where it can

Federation of State Medical Boards recommended that member boards seek legislation to permit CBCs for licensure applicants

GSA Recommendations• One year in development, 2004-2005

• 1/4 of schools currently performing CBCs

• Others schools are considering them, but waiting for guidance

• Schools want national process through AAMC: Cost-effective for applicants, with Consistent and comprehensive results

• Schools want to retain authority for decision-making, but desire guidelines for interpretation of CBC data

GSA Recommendations• CBC be completed upon first school acceptance

• Same CBC report be available to all schools that later accept the same applicant

• CBCs be part of post-acceptance matriculation process, not of application/interview process

• Matriculation decision follow school’s review of CBC report

• Applicant authorize CBC and receive report

• Each school’s faculty develop relevant CBC policies in collaboration with clinical affiliates

GSA Recommendations• Factors to be considered when CBC reveals

information of concern include: Nature, circumstances, frequency of offense(s) Length of time since offense Documentation of successful rehabilitation Accuracy of information provided by applicant

• One comprehensive CBC be done, with each school getting all data that it desires and permitted by law

• Each school should develop guidelines for CBC data handling

GSA Recommendations• CBCs should:

Be based on past areas of residence Include in-person search at local county level And search at state and national levels Not be completed solely via computer

databases Include sex offender search Include search for dishonorable discharge

from Armed Forces

GSA Recommendations• CBC should involve:

All levels of offense All types of adjudications All unresolved legal processes All types of offenses Arrest data only when case has not been

fully adjudicated; otherwise only conviction data

GSA Recommendations• CBCs should not be limited to specific time

period, given age range of applicants

• GSA should develop guidelines for consideration by schools about use of CBC data

• Schools should consider the uneven administration of justice in the US for minority and disadvantaged persons in decision-making

• School policies on CBCs should be developed separately from policies about medical and psychiatric conditions and disabilities

Unanswered Questions• Where should CBC data be housed?

• Which school officials should have access?

• Should data be shared between school offices?

• Should “terrorist” search be included?

• What about juvenile/expunged records?

• Should CBCs include fingerprinting, search for professional license revocation, and/or drug screening?

Current Status• 18-member AAMC CBC Advisory Committee met

2/13-14/06 in DC Composed of AAMC constituent and external,

medically related groups • Adopted nine goals for CBCs:

Simplicity Transparency Equity Affordability Accuracy Risk mitigation Community involvement “Ownership” by medicine Effectiveness/success

Current Status• CBC Advisory Committee recommended:

An AAMC-sponsored centralized, national CBC service

Implementation of the GSA recommendations +– Revision of AMCAS application to collect

additional self-report criminal history information to be checked against CBC report

– CBC reports should exclude:o Juvenile offense datao Arrest (without conviction) data

Current Status• CBC Advisory Committee’s recommendations

will be presented to AAMC Governance in June 2006 Earliest implementation date: fall 2007 for fall

2008 entering class

• Information being sought about schools’, states’, and clinical affiliates’ requirements

• GSA starting to develop “best practice” guidelines for use by schools

Lessons Learned• An emotionally charged topic requiring more time

for discussion and “working through” than expected

• Potential exists for a wide variety of requirements from schools, states, and affiliated facilities

• Schools must get out ahead of this discussion before others mandate widely divergent requirements and systems

• The complex decision for or against checks is only part of the equation; implementation is also very complex