§FMCSR.com
Historical textIn force on Oct. 1, 2001Source: annual CFR editions 2001–2016

§ 382.409 Medical review officer record retention for controlled substances.

Wording in the annual edition revised as of Oct. 1, 2001, superseded January 1, 2017.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Oct. 1, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2001 wording+26 added−3 removedHide

(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 382.407(a)40, Subpart G, of this subparttitle.

49 CFR § 382.409 — Medical review officer record retention for controlled substances.. Text in force on October 1, 2001. This wording effective October 1, 2001 to January 1, 2017. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol4/CFR-2001-title49-vol4-sec382-409. Retrieved from FMCSR.com, https://fmcsr.com/reg/382.409?asof=2001-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(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.

Amendment history

7 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023; 88 FR 80181, Nov. 17, 2023]
  2. June 1, 2023 → Nov. 17, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023]
  3. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016]
  4. Jan. 17, 2017 → May 2, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016]
  5. Jan. 1, 2017 → Jan. 17, 2017eCFR, day-precisediff vs. previous
  6. Oct. 1, 2001 → Jan. 1, 2017annual editions 2001–2016diff vs. previousviewing
  7. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.