# Does anyone have the authority to change a SAP's initial evaluation?

**Citation:** 49 CFR 40.297  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's r

## Document text

(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's recommendation by changing the SAP's evaluation or seeking another SAP's evaluation.

(b) The SAP who made the initial evaluation may modify his or her initial evaluation and recommendations based on new or additional information (e.g., from an education or treatment program).

(c) The SAP, who is otherwise fully qualified under this subpart, must not perform evaluations outside the geographic jurisdiction for their credential(s). If the SAP who made the evaluation exceeds their geographic jurisdiction, the employee will not be required to seek the evaluation of a second SAP.

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.297>
- Source ID: `ecfr`
- SHA-256: `e51bdd2de7f6c14f95a690247d9331c97aa69fd86519e6f5de5c8413f4318f1a`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-23T21:08:51.727Z
- Document slug: `49-cfr-40-297`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.297",
  "subpart": "Subpart O—Substance Abuse Professionals and the Return-to-Duty Process",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```