Review of Drug Testing Results [49 CFR 199.109]

(A)A. MRO Appointment. 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. [49 CFR 199.109(a)]#

(B)B. MRO Qualifications. Each MRO must be a licensed physician who has the qualifications required by DOT procedures. [49 CFR 199.109(b)]#

(C)C. MRO Duties. The MRO must perform functions for the operator as required by DOT procedures. [49 CFR 199.109(c)]#

(D)D. MRO Reports. The MRO must report all drug test results to the operator in accordance with DOT procedure. [49 CFR 199.109(d)]#

(E)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 or costs shall be made in accordance with the operator/employee agreements and operator/employee policies. [49 CFR 199.109(e)]#

(F)F. The operator 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 Subsection does not prohibit a substance abuse professional from referring a covered employee for assistance provided through: [49 CFR 199.109(f)]#

(1)1. a public agency, such as state, parish, or municipality; [49 CFR 199.109(f)(1)]#

(2)2. the operator or a person under contract to provide treatment for drug problems on behalf of the operator; [49 CFR 199.109(f)(2)]#

(3)3. the sole source or therapeutically appropriate treatment under the employee's health insurance program; or [49 CFR 199.109(f)(3)]#

(4)4. the sole source of therapeutically appropriate treatment reasonably accessible to the employee. [49 CFR 199.109(f)(4)]#

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757.#

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Office of Conservation, LR 16:135 (February 1990), repromulgated LR 16:534 (June 1990), amended LR 27:1554 (September 2001), LR 30:1295 (June 2004).#