La. Admin. Code tit. 46 § LXX-3401

Current through Register Vol. 50, No. 9, September 20, 2024
Section LXX-3401 - Drug Use
A. Pilots and apprentices shall be free of the use of any drug as defined in §3103, excluding prescription medication as defined in §3103 so long as the use of such prescription medication does not impair the physical competence of the pilot.
B. The board shall designate a testing agency or agencies to perform scientific test or tests to screen for the presence of drugs. These drug tests shall be conducted at random, post incident, and for reasonable suspicion at the discretion of the board.
C. All pilots and apprentices shall submit to scientific testing and screening for drugs when directed by the board.
D. The results of drug testing and screening shall be confidential and disclosed only to the Board and the pilot tested, except that:
1. the board may report the results to the governor, the Board of Directors of the Crescent River Port Pilot Association, and the United States Coast Guard;
2. in the event that the board determines that a hearing is required, there shall be no requirement of confidentiality in connection with the hearing.
E. Any pilot or apprentice testing positive for drugs or any residual thereof shall be suspended from performing the duties of a pilot pending a hearing.
F. Any pilot or apprentice who refuses to submit to scientific testing or screening for drugs fails to cooperate fully with the testing procedures, or in any way tries to alter the test results shall be suspended pending a hearing. Such refusal shall be considered as a positive test.
G. Any pilots found to be in violation of this Section may be reprimanded, fined, evaluated, and/or treated for drug use and/or have their commission suspended or revoked. Any apprentice found in violation of this Section is subject to immediate termination of their participation in the apprenticeship program.
H. Any pilot required to undergo an evaluation and/or treatment shall do so at their own expense and responsibility; the physician, as well as the evaluation and treatment facility must be approved by the board.

La. Admin. Code tit. 46, § LXX-3401

Promulgated by the Office of the Governor, Board of River Port Pilot Commissioners, LR 29:2071 (October 2003), amended LR 35:1884 (September 2009), Amended LR 47880 (7/1/2021).
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:991(B)(3).