WASHINGTON REPORT BY: LAURA SHELTON, CMP
DOT Issues Clarification Regarding Medical Review Process In January 2012, the Department of Transportation addressed an
issue brought to their atention regarding Medical Review Officers (MROs) contacting employees’ treating physicians. For a number of years, the DOT has emphasized that Health Insurance Portability and Accountability Act (HIPAA) rules do not apply to MROs carrying out their verification process duties under 49 CFR Part 40. Tat posi- tion still holds: MROs do not need and must not atempt to obtain an employee’s permission in order to confer with prescribing physicians. Te General Issue Update Question and Answer [dated 07/06] is
the Department’s official and authorative position in this mater. It states, in part:
MROs need no writen authorizations from employees to verify drug test results, to discuss alternative medi- cal explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals (SAPs) and evaluating physi- cians, or to report other medical information (see §40.327).
Te DOT further explained that if an employee presents a medi-
cal explanation during the verification interview, MROs are encour- aged to contact the treating physician if the MRO has suspicions or questions resulting from the interview. Te DOT also encouraged the MRO to contact the pharmacy to verify the legitimacy of the prescription. Requiring a waiver or consent for this information is contrary to Part 40, and it would impose a requirement on an em- ployee for a release that is also counter to Part 40 (see §40.355).
U.S. Senator Aims to Close Loophole in Synthetic Drug Law Bob Casey, a U.S. Senator from Pennsylvania “called on the Senate Judiciary Commitee to close loopholes in a synthetic drug law that
26 datia focus
allows makers of the drugs to slightly alter their ingredients to avoid federal and state bans.” Senator Casey sent a leter to Commitee Chair Patrick Leahy in hopes Leahy could work with him on this project, in the leter Casy makes reference to “Cloud Nine” a new synthetic drug only slightly different in chemical composition then “bath salts.” “Cloud Nine” is used to produce the exact same effects. Casey’s proposed bill would “also give the Drug Enforcement Administration more authority to put temporary bans on potentially hazardous drugs as they are being investigated. If it is passed by the Senate, “bath salts” and “Spice” will be put on a list of controlled substances. Researchers wishing to study them would need a license to obtain samples.”
HHS Approves DTAB Recommendations On January 26, 2012, the Department of Health and Human
Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) Administrator Pamela S. Hyde, J.D. approved both of the Drug Testing Advisory Board (DTAB) July, 2011, recommendations: 1. Based on review of the science, DTAB recommends that SAMHSA include oral fluid as an alternative specimen in the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
2. DTAB recommends the inclusion of additional Schedule II prescription medications (e.g., oxycodone, oxymorphone, hy- drocodone and hydromorphone) in the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Te Department of Transportation’s (DOT) Office of Drug and
Alcohol Policy and Compliance (ODAPC) stated, “the opportunity to address the illicit use and abuse of these additional Schedule II drugs in the transportation industries is an important way to limit their misuse in our communities and a great way to serve transpor- tation safety, while geting those who need treatment into treat-
spring 2012
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