[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.109]

[Page 186]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
                         Subpart B--Drug Testing
 
Sec. 199.109  Review of drug testing results.

    (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.
    (b) MRO qualifications. Each MRO must be a licensed physician who 
has the qualifications required by DOT Procedures.
    (c) MRO duties. The MRO must perform functions for the operator as 
required by DOT Procedures.
    (d) MRO reports. 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 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 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.

[53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, 
Dec. 18, 1989; Amdt. 199-15, 63 FR 13000, Mar. 17, 1998; Amdt. 199-15, 
63 FR 36863, July 8, 1998. Redesignated and amended by Amdt. 199-19, 66 
FR 47118, Sept. 11, 2001]