La. Admin. Code tit. 43 § XIII-6309

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-6309 - Review of Drug Testing Results [49 CFR 199 .109]

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

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

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. 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. 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. a public agency, such as state, parish, or municipality; [ 49 CFR 199 .109(f)(1)]

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. the sole source or therapeutically appropriate treatment under the employee's health insurance program; or [ 49 CFR 199 .109(f)(3)]

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

La. Admin. Code tit. 43, § XIII-6309

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).

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