49 CFR §199.109
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.