§ 40.297 Does anyone have the authority to change a SAP's initial evaluation?
Current wording, effective June 1, 2023.
(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's recommendation by changing the SAP's evaluation or seeking another SAP's evaluation.
(b) The SAP who made the initial evaluation may modify his or her initial evaluation and recommendations based on new or additional information (e.g., from an education or treatment program).
(c) The SAP, who is otherwise fully qualified under this subpart, must not perform evaluations outside the geographic jurisdiction for their credential(s). If the SAP who made the evaluation exceeds their geographic jurisdiction, the employee will not be required to seek the evaluation of a second SAP.
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
Amendment history
3 distinct wordings on file since Oct. 1, 2001- [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
- Oct. 1, 2001 → May 2, 2023annual 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.