§FMCSR.com
Historical textIn force on Jan. 23, 2023Source: eCFR

§ 382.409 Medical review officer or consortium/third party administrator record retention for controlled substances.

Wording effective January 17, 2017, superseded May 2, 2023.

eCFR as of January 23, 2023 ↗
49 CFR § 382.409 — Medical review officer or consortium/third party administrator record retention for controlled substances.. Text in force on January 23, 2023. This wording effective January 17, 2017 to May 2, 2023. Source: eCFR as of January 23, 2023, https://www.ecfr.gov/on/2023-01-23/title-49/section-382.409. Retrieved from FMCSR.com, https://fmcsr.com/reg/382.409?asof=2023-01-23, 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 (MRO as defined in § 40.3 of this title) or a consortium/third party administrator (C/TPA as defined in § 382.107), and no MRO or C/TPA may 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 MRO or a C/TPA from releasing to the employer, the Clearinghouse, or to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the controlled substances and alcohol testing program under this part, the information delineated in part 40, subpart G, of this title.

[66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016]

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. previousviewing
    [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. previous
  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.