# 262.109 Review of drug testing results.

**Citation:** 16 NYCRR 262.109  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Drug and Alcohol Testing. Each operator shall designate or appoint a medical review officer (MRO). If an operator does not have a qualified individual on staff to serve as MRO, the operator may contract for the provision of MRO services as part of its anti-drug program.

The MRO must be a licensed physician who has the qualifications required by DOT procedures.

The MRO must perform 

## Document text

Each operator shall designate or appoint a medical review officer (MRO). If an operator does not have a qualified individual on staff to serve as MRO, the operator may contract for the provision of MRO services as part of its anti-drug program.

The MRO must be a licensed physician who has the qualifications required by DOT procedures.

The MRO must perform functions for the operator as required by DOT procedures.

The MRO must report all drug test results to the operator in accordance with DOT procedures.

(e) Evaluation and rehabilitation may be provided by the operator, by a substance abuse professional under contract with the operator, or by a substance abuse professional not affiliated with the operator. The choice of substance abuse professional and assignment of costs shall be made in accordance with the operator/employee agreements and operator/employee policies.

(f) The operators shall ensure that a substance abuse professional, who determines that a covered employee requires assistance in resolving problems with drug abuse, does not refer the covered employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring a covered employee for assistance provided through:

(1) a public agency, such as a State, county, or municipality;

(2) the operator or a person under contract to provide treatment for drug problems on behalf of the operator;

(3) the sole source of therapeutically appropriate treatment under the employee's health insurance program; or

(4) the sole source of therapeutically appropriate treatment reasonably accessible to the employee.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I505e6bd1cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `dcc3c02de33cb65697c090a9978cc4ea5d876210d48f79ef91039fadbf818cd1`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-24T05:35:08.048Z
- Document slug: `ny-nycrr-262-109`

### Source metadata

```json
{
  "jurisdiction": "US-NY",
  "title": 16,
  "part": "262",
  "partTitle": "Drug and Alcohol Testing",
  "scopeKind": "pipeline-workforce-safety",
  "tocPath": [
    "Part 262 Drug and Alcohol Testing",
    "Drug Testing"
  ],
  "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.",
  "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.",
  "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.",
  "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.",
  "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.",
  "rightsReviewRequired": true,
  "currentThrough": "2024-05-31",
  "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.",
  "publisherCitation": "16 CRR-NY 262.109",
  "identityAnomaly": null,
  "references": [],
  "region": "NY"
}
```