[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR382.409]

[Page 959]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 
Contents
 
       Subpart D_Handling of Test Results, Records Retention, and 
                             Confidentiality
 
Sec. 382.409  Medical review officer record retention for controlled 
substances.

    (a) A medical review officer or third party administrator shall 
maintain all dated records and notifications, identified by individual, 
for a minimum of five years for verified positive controlled substances 
test results.
    (b) A medical review officer or third party administrator shall 
maintain all dated records and notifications, identified by individual, 
for a minimum of one year for negative and canceled controlled 
substances test results.
    (c) No person may obtain the individual controlled substances test 
results retained by a medical review officer or third party 
administrator, and no medical review officer or third party 
administrator shall release the individual controlled substances test 
results of any driver to any person, without first obtaining a specific, 
written authorization from the tested driver. Nothing in this paragraph 
(c) shall prohibit a medical review officer or third party administrator 
from releasing, to the employer or to officials of the Secretary of 
Transportation, any DOT agency, or any State or local officials with 
regulatory authority over the controlled substances testing program 
under this part, the information delineated in part 40, Subpart G, of 
this title.