[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.409]



[Page 174-175]

 

                        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



[[Page 175]]



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.