California Proposes Bill to Implement Random Drug Tests on Doctors

Nearly one in five doctors develops a substance abuse problem at some point in their career, and one in ten currently working have a drug or alcohol addiction.

Consider the case of neurosurgeon Christopher Duntsch. After severely damaging the nerves of one patient and paralyzing another, the Texas hospital where he worked suspended him for one month. In his first surgery post-suspension, he severed a woman’s vertebral artery, causing her to bleed to death. While accidents are not uncommon in a surgical setting, Duntsch’s drug and alcohol addiction may have exacerbated the severity and frequency of these tragic malpractices.

Duntsch had been described as disastrous and allegedly would drink on the job — stashing vodka under his desk and reportedly taking LSD and Cocaine prior to surgeries. Despite these allegations, Duntsch never lost his license. In fact, when he left the one hospital, he was given a clean record. After being hired at a new hospital, Duntsch proceeded to botch two operations so badly, one woman ended up brain dead and another partially paralyzed. At this hospital, he was fired after one week. After 12 lawsuits from patients injured or paralyzed, and two deaths, Duntsch was never convicted of a crime.

Doctors like Duntsch are the reason California legislatures are pushing to implement random drug tests for doctors with hospital privileges and drug tests immediately following any major medical mistakes such as preventable deaths.

Under federal law, airline pilots and school bus drivers need to comply with random drug tests. These tests are performed to assure pilots and drivers can be responsible for the lives of others. This new bill would ensure that doctors would be held to that same level of accountability. Had random drug testing been implemented in the hospitals where Duntsch worked, negligent behavior could have been prevented.

 

Sources:

http://www.today.com/news/your-doctor-stoned-physicians-substance-abuse-problems-continue-work-1D79801891

http://www.nbclosangeles.com/news/local/doctor-drug-tests-troy-and-alana-pack-act-252061001.html

http://www.dallasnews.com/investigations/20140301-planos-baylor-hospital-faces-hard-questions-after-claims-against-former-neurosurgeon.ece

http://www.theguardian.com/world/2014/may/02/texas-legal-doctor-lawsuit-christopher-duntsch

 

 

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More Nonprofits Conduct Background Checks, Criminal Hits Decrease

Over the past five years, the hit rate for criminal background checks has been on the decline as more nonprofit organizations background check their new hires. A recent study’s, data showed that from 2007 to 2011, more than 5.4 million background checks we conducted by nonprofits and 22 percent of those checks resulted in criminal hits.

Of that 22 percent (approximately 479,000), background checks revealed very serious kidnapping, murder, sex-related and drug-related offenses. While it is shocking to know that criminals who have been convicted of kidnapping or molestation could be working amongst children, elders and people in need, we know that criminals go where they know they can get in “under the radar” – organizations [they know] do not conduct background checks.

In organizations working with children, such as the Boys & Girls Clubs of America, background checks are a must; the study found that 1,021 of the criminal hits were registered sex offenders, 603 convictions for kidnapping and 1,176 murder offenses.

What’s more is that between 2007 and 2011, 22 percent of those criminal hits also included 91,607 drug-related offenses including possession and distribution and 10,438 sex-related offenses. These figures are certainly eye-opening, but the good news is that these were hits, and thus these individuals were barred from employment at the nonprofits where they applied to work. Additionally, the number of criminals has declined over the past five years by 7 percent, according to the study.

The drop in criminal hits is attributed by the nonprofits’ use of background screening programs. When criminals know that nonprofits are conducting background checks, they seek employment somewhere else, so it is important for nonprofits to speak with background screening providers in order to mitigate risk, protect their reputations and those they seek to help.

 

 

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Internet Background Searches – Should YOU Use Them?

It’s no surprise that basically anyone and everyone can conduct a simple background check on whoever they like. With companies like EasyBackrgoundCheck.com and nationally-recognized BeenVerified.com, individuals and companies can input basic information about a person and obtain “background” information on that individual.

While it is fine for people to use internet background check services like these for personal use, it is important to realize that these companies are simply “public record aggregators,” and thus not a replacement for traditional pre-employment background screening or private investigative services.

Internet aggregation services are a cheap and quick way to get a bit of information on a stranger or person of interest, but are certainly not acceptable for hiring purposes. Under the Fair Credit Reporting Act (FCRA) information that is supplied by a 3rd party vendor for hiring purposes needs to be both accurate and current (not older than seven years). Furthermore, companies and organizations that are in fact going to use the information obtained from these internet aggregation sources for employment purposes, must obtain the applicants consent before doing so. In the case of hiring, the job applicant must provide an organization with signed written consent for performing an internet background check.

Companies and organizations that have written consent from applicants to do a background check still need to make sure that the information is accurate – in many cases, the information is not. BeenVerified.com for example even states: “we do not represent or warrant that the results provided will be 100% accurate and up to date.”

More often than not, those conducting internet background checks via aggregation services are not able find the right person to investigate either because their name is too similar to another person (think, “John Smith”) or the person has taken steps to protect their internet privacy (think, “do not call list”… but more like the “do not internet background check me online list”). How could an individual do this without countless hours spent searching online? You might ask.

Well, there are a number of ways individuals can hide, block and even remove information about them so that internet background check websites cannot find them. Read this article by BGR.com explaining all the ways you can put yourself on the “do not internet background check me online list” for all the major internet aggregation sites such as BeenVerrified.com.

The best practice available for a company or organization that is looking to conduct background checks on job applicants and employees is to use a trusted company such as First Contact HR. To see what background screening services First Contact HR can provide to individuals and companies, Visit: FirstContactHR.com

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Philadelphia Signs Ban the Box Ordinance

City of Philadelphia Mayor Michael Nutter signed an ordinance that will prohibit employers from requiring job applicants to disclose their criminal backgrounds until after the first employment interview.

After a first interview, employers may perform a background check or request the disclosure of an applicant’s criminal record history.

The ordinance prohibits city agencies and private employers from knowingly inquiring about criminal backgrounds, including arrest records on the employment application. The ordinance is applicable to all employers with workforces of ten or more persons in the City of Philadelphia. As a result, this ordinance will require applicable employers to update their interview and screening process, including the employment application.

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