Access Authorization Restored; Guideline H (Drug Involvement and Substance Misuse)
Office of Hearings and Appeals
September 29, 2021On September 29, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored.
The Individual reported to a local security office (LSO) that he had become addicted to an amphetamine medication that doctors had prescribed to him and Kratom, an over-the- counter herbal supplement with stimulant and opiate-like effects. Because of the concerns raised by the Individual's reports, the LSO requested that the Individual undergo a psychological evaluation by a DOE-contracted Psychologist (the Psychologist). The Psychologist issued a report in which he found that the Individual met the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) criteria for Stimulant Use Disorder, Moderate (SUD), and that the Individual had not been adequately rehabilitated or reformed from his SUD. Ex. 9 at 6.
However, the Individual was able to demonstrate that he had taken effective actions to address his substance abuse disorders, including intensive individual therapy to address the underlying motivation for his substance abuse, and that he had discontinued substance abuse since September 2020, approximately one year prior to the Hearing. After observing the testimony of the Individual, his spouse, and two of his treating counselors, the Psychologist opined that the Individual's prognosis is now "good" and that he is now rehabilitated or reformed.
Therefore, the AJ found that the Individual's security clearance should be restored. (Steven Fine).