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Historical textIn force on Oct. 15, 2021Source: eCFR

§ 40.141 How does the MRO obtain information for the verification decision?

Wording effective January 1, 2018, superseded May 2, 2023.

eCFR as of October 15, 2021 ↗

As the MRO, you must do the following as you make the determinations needed for a verification decision:

(a) You must conduct a medical interview. You must review the employee's medical history and any other relevant biomedical factors presented to you by the employee. You may direct the employee to undergo further medical evaluation by you or another physician.

(b) If the employee asserts that the presence of a drug or drug metabolite in his or her specimen results from taking prescription medication (i.e., a legally valid prescription consistent with the Controlled Substances Act), you must review and take all reasonable and necessary steps to verify the authenticity of all medical records the employee provides. You may contact the employee's physician or other relevant medical personnel for further information. You may request an HHS-certified laboratory with validated protocols (see § 40.81(c)) to conduct testing for D,L stereoisomers of amphetamine and methamphetamine or testing for tetrahydrocannabivarin (THC- V) when verifying lab results, as you determine necessary.

[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017]

Amendment history

5 distinct wordings on file since Oct. 1, 2001
  1. [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017; 88 FR 27645, May 2, 2023]
  2. [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017]
  3. [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52245, Nov. 13, 2017]
  4. Oct. 1, 2001 → Nov. 13, 2017annual editions 2001–2016

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.