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FOR YOUR INFORMATION |
FTA Drug and Alcohol Regulation Updates Issue 33, page 3 |
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New EBTs Added to List The National Highway Traffic Safety Administration (NHTSA) published a revised list of instruments that conform to the Model Specifications for Evidential Breath Testing Devices (EBTs). The revised list published in the Federal Register (Vol. 71, No. 125, pages 37159-37162) on June 29, 2006 replaces the previous list published in 2004. The new list includes five new instruments that have been found to meet the Model Specifications: Alcotest 6810 manufactured by Draeger Safety; Alcotector BAC-100 and the Alcotector C2H5OH sold by Guth Laboratories; EV30 manufactured by Lifeloc Technologies, Inc.; and the DataMaster DMT manufactured by National Patent Analytical System, Inc. When consulting the list, please note that only those devices that are not marked with an asterisk (*) are authorized for use in the DOT alcohol testing program. In total, the list includes seventy-nine (79) EBTs, all of which are mobile except for three. Pre-employment Test Refusal Clarified The final rule published on August 23, 2006 in the Federal Register (Vol. 71, No. 163, pages 49382-49384) also included a technical amendment to 49 CFR Part 40 to clarify the pre-employment test refusal provisions cited in §40.191(a)(7). In the instance where a Medical Review Officer (MRO) requires an employee/applicant to undergo a medical examination as part of the verification process for opiates on a pre-employment test, and the employee/applicant fails to undergo the examination, the MRO course of action will differ depending on whether a contingent offer of employment has been made. If a contingent offer of employment has been made, failure to undergo the examination will be deemed a test refusal. If a contingent offer of employment has not been made, the MRO will report the test as cancelled. List of Qualified SAPs Expanded On August 23, 2006, the Department of Transportation (DOT) published a final rule in the Federal Register (Vol. 71, No. 163, pages 49382-49384) that expanded the list of credentialed professionals eligible to serve as Substance Abuse Professionals (SAPs) to include state-licensed or certified marriage and family therapists. The final rule went into effect on September 22, 2006. Previously, state-licensed or certified marriage and family therapists (MFTs) were not considered eligible because they were not licensed or certified to practice in all fifty states. Currently, Montana and West Virginia do not offer MFT licensure or certification. However, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) required that the DOT conduct a rulemaking that would make state-certified or licensed MFTs eligible to become SAPs. In response to this legislation, as well as the perceived need for more qualified SAPs in the transportation industry, the final rule recognizes the eligibility of MFTs to serve as SAPs in the states where they are licensed/certified and will recognize MFTs in Montana and West Virginia as eligible SAPs when licensure/certification are offered. In addition to meeting the credential requirement, the MFTs, like other potential SAPs, must also meet basic knowledge and training requirements, pass an examination and complete continuing education requirements as defined in §40.281. The basic knowledge requirements include knowledge about and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
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Where To Find?..... 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs Revised: December 19, 2000 Federal Register Vol. 65, Pages 79462-79579. Primary Topic: Procedures for Transportation Workplace Drug and Alcohol Testing Program Revised Final Rule (49 CFR Part 40) July 25, 2003 Federal Register 68 Pages 43946-43964 Primary Topic: One Page MIS Form January 22, 2004 Federal Register Vol. 69 Pages 3021-3022 Primary Topic: Expand List of SAPS Technical Amendments: August 1, 2001 Federal Register Vol. 66 Pages 41943-41955 Primary Topic: Clarifications and Collections to Part 40; Common Preamble to Modal Rules Interim Final Rule November 9, 2006 Federal Register Vol. 69 Pages 64865-64868 Primary Topic: Specimen Validity Testing Final Rule Change August 23, 2006 Federal Register Vol. 71 Pages 49382-49384 Primary Topic: Expanded List of SAP Qualifications
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