Criminal Background Check and Drug Screening Policy
Rationale
All students admitted into the University of Houston College of Pharmacy Doctor of Pharmacy program are required to participate in pharmacy practice experiences for graduation. Many hospitals and other health care organizations operating under the Joint Commission of Accreditation of Healthcare Organizations (JCAHO) are requiring criminal background checks and/or drug screenings for all individuals who have direct contact with patients, including pharmacy students placed in early/introductory pharmacy practice experience (IPPE) and/or advanced clinical pharmacy practice experience (APPE) assignments at these sites. As a result of these requirements, a student with disqualifying criminal conviction(s) and/or drug screening results may be prevented from undertaking clinical rotations that are required to complete the pharmacy program at the University of Houston.
Criminal Background Check Policy
Accepted applicants. All applicants accepted to the College of Pharmacy (hereinafter referred to as “College of Pharmacy” or “College”) must satisfactorily complete (submit to and pay for) a criminal background check from a vendor approved by the College of Pharmacy. Adverse information that is found in a criminal history background check may result in the withdrawal of the applicant’s offer of admission or dismissal from the program.
Generally, applicants will receive notice of this policy at the time of acceptance into the professional program. An accepted applicant is responsible for contacting the approved vendor and complying with the vendor’s and/or hospital/health care facility’s instructions concerning completing a criminal background check within fourteen (14) calendar days of receiving the notice of this policy. Failure to request a criminal background check in a timely manner and by the timeline specified in this policy is grounds for withdrawal of the offer of admission.
After acceptance the applicant shall provide written self-disclosure to the Assistant Dean for Academic and Student Affairs of any new criminal history record information no later than five (5) business days following the charge of any crime. Failure to disclose information that is subsequently found on a background check may result in withdrawal of the offer of admission from the College or dismissal from the program.
Criminal Background Check. The criminal background check will include a review of the student’s or accepted applicant’s criminal history for at least the seven (7) years prior to the date the student applies for admission into the program.
The following criteria for suitability will be considered:
o Social Security Number validation
o Criminal history search, including
o Misdemeanors or felony convictions, or deferred adjudications
o Pending criminal charges/convictions
o National Sexual Offender Registry
o Office of the Inspector General (OIG) List of Excluded Individuals/Entities
o General Services Administration (GSA) List of Parties Excluded from Federal Programs
o Employee Misconduct Registry
o U.S. Treasury, Office of Foreign Assets (OFAC), and List of Specially Designated Nationals (SDN) search
o Nationwide Healthcare Fraud and Abuse scan
o Applicable State Exclusion list
Currently enrolled students. Currently enrolled students in the College of Pharmacy professional program must annually (and at other times as requested in writing by a hospital or health care organization) satisfactorily complete (submit to and pay for) a criminal background check from an approved vendor prior to participating in IPPE and/or APPE assignments at these sites. Students must contact the designated vendor and comply with its instructions in authorizing and obtaining a background check within the prescribed timeframe. Students successfully completing the first year and progressing to the second year and students successfully completing the second year and progressing to the third year must request and satisfactorily complete an additional criminal background check review no earlier than July 1st, and no later than August 1st, prior to beginning the fall semester of the second and third year. Students successfully completing the third year and progressing to the fourth year must
request another criminal background check review no earlier than April 1st, and no later than May 1st during the spring semester of their third year. An additional background check may be required if there is a break in enrollment in the professional program. A break in enrollment is defined as non-attendance of one long-term semester (Fall or Spring) or more and will be verified by the Assistant Dean for Academic and Student Affairs.
Some criminal offenses preclude students from participating in on-site professional experiences. In addition, some professional licensure boards include specific offenses that constitute those crimes for which licensure is prohibited. Thus students in these situations are subject to the statutory or regulatory requirements independently imposed by law, or as required by affiliating entities.
If an affiliated practice facility requires detailed criminal background check information regarding an individual student assigned to a rotation at the facility as a condition for placement, the College will notify the student of such a requirement when notified by the facility. Results of the background check(s) may be submitted directly to the hospital/heath care facility or to the College by the vendor. Upon receipt of criminal history information by the College, the College will pass on the results to the requesting hospitals or health care organizations. The hospital or health care organization will be responsible for determining whether an enrolled student is eligible to participate in the clinical practice experience assignment at the site, and will notify the student and the College of its decision. Students whose criminal background is determined as unacceptable by a hospital/health care organization may be unable to complete the curriculum (pharmacy practice experiences) required for graduation by the College of Pharmacy.
Failure to request a criminal background check in a timely manner may delay the student’s matriculation into the second, third, and/or fourth year and delay the start of his/her IPPEs and/or APPEs. A student may not be allowed to start a specific IPPE/APPE late due to a delay in criminal background check information being received by the site.
Students enrolled in the College of Pharmacy shall self-disclose to the Assistant Dean for Academic and Student Affairs any new criminal history record information as outlined in the criminal background check criteria no later than five (5) business days following the charge of any crime. Failure to disclose information that is subsequently found on a background check may result in dismissal from the College. Criminal activity that occurs while a student is in attendance at the College may result in disciplinary action, including dismissal, and will be addressed according to the College of Pharmacy Honor Code.
Rights. Accepted applicants and currently enrolled students have the right to review the results of the criminal background check performed by the designated vendor and to request that the designated vendor verify that the background information provided is correct. Prior to making a final determination that may adversely affect the applicant or student, the Assistant Dean for Academic and Student Affairs will notify the student or applicant, in writing, of his/her right to review and correct inaccurate information in the report, the process for contacting the designated vendor to challenge the accuracy of the report and the affect an adverse criminal history report may have on his/her continued enrollment in the pharmacy program.
If an adverse criminal history is returned on an applicant or student, the Admissions and Progression Committee will review the report and may request that the applicant or student submit additional information related to the finding (such as court documents and police records), at the applicant’s expense. The applicant or student shall be given a reasonable time, generally not less than five (5) business days, to provide documentation establishing that the report is inaccurate, that a reported felony conviction is a lesser violation under the laws of the charging jurisdiction, that a disposition was the subject of a subsequent expungement or sealing order by a competent court, or that the report is otherwise unreliable. The Committee will review all information available to it to determine whether the offer of admission should be withdrawn from the accepted applicant or if dismissal from the program is warranted.
Applicants who are denied enrollment or students who are dismissed from the program may appeal the decision of the Admissions and Progression Committee to the Dean of College of Pharmacy within 15 business days of the date the student received notice of his/her dismissal from the program. The decision of the Dean of the College of Pharmacy will be final and may not be appealed.
If the background check uncovers a question which can be cleared by the applicant or student, matriculation can be deferred up to one year while the matter is being resolved. However, a student may be granted permission to re-enroll in (IPPE/APPE) after the background check has been cleared if space is available and any applicable tuition and fees are paid.
Drug Screening Policy
The University of Houston College of Pharmacy will not require students to participate in a drug screen. However, the College will inform students that they may be asked by the facility to submit and comply with a drug screen before participating in clinical experiences at certain facilities. If an affiliated practice facility requires drug screening of an individual student assigned to rotate there as a condition for placement in that facility, the College will notify the student of such a requirement in advance. The student will be responsible for contacting an approved vendor, paying for expenses for the drug screen, and insuring that the results of the drug screen are forwarded directly to the facility.
Any students with questions concerning impairment issues while in the professional program should review The University of Houston College of Pharmacy’s Student Pharmacist Recovery Program (UHSPRN) in the College of Pharmacy Student Handbook.
Confidentiality of Records
Background check reports and all records pertaining to the results of these processes are considered confidential with restricted access. The results and collateral information are considered educational records and are subject to the Family Educational Rights and Privacy Act.
Access to records and reports outside of the Assistant Dean for Academic and Student Affairs and any employee designated as backup must be approved by the Dean of the College of Pharmacy or his designee, prior to granting access. Requests for criminal history and drug screening information must be made in writing on a form approved by the Office of General Counsel. Information contained in the reports/records will not be shared with facilities participating in the clinical rotations unless a legitimate need is demonstrated and approved by the Dean or his designee
Recordkeeping
Any background check reports that are retained by the College of Pharmacy shall be placed in a secure location determined by the Assistant Dean for Academic and Students Affairs. These records shall be maintained for the duration of the student’s enrollment or until the applicant is removed from the accepted student list or as provided by the UH records retention policy, whichever is the greater length of time. The reports and records shall be physically destroyed thereafter.
Falsification of Information
Falsification of information will result in immediate removal of an applicant from the accepted applicant pool or an enrolled student from the degree program.