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employee's prescribing physician before notifying the employer of a medical qualification <br />issue or significant safety risk. <br />L Specifically, in cases where an MRO verifies a prescription is consistent with the <br />Controlled Substances Act, but that the MRO has still made a determination thatthe <br />prescription may disqualify the employee under other OSDOT medical qualification <br />requirements, or that the prescription poses a significant safety -risk, the MRO must <br />advise the employee that they will have five (5) business days from the date the <br />MRO reports the verified negative result to the employer for the employee to have <br />their prescribing physician contact the MRO. The prescribing physician will need to <br />contactthe MRO to assist the MRO in determining if the medication can be changed <br />to one that does not make the employee medically unqualified or does not pose a <br />significant safety risk. If in the MRO's reasonable medical judgment, a medical <br />qualification issue or a significant safety risk still remains after the MRO <br />communicates with the employee's prescribing physician, or after five (5) business <br />days, whichever is shorter, the MRO must communicate this issue to the employer <br />consistent with 49 CFR Part 40.327. <br />S. DEFINITIONS <br />a. The term "DOT, the Department, DOT Agency' <br />L Modified to encompass all DOT agencies, including, but not limited to, FAA, FRA, <br />FMCSA, FTA, PHMSA, NHTSA, Office of the Secretary (OST), and any designee of a <br />DOT agency. <br />ii. For the purposes of testing under 49 CFR Part 40, the USCG (in the Department of <br />Homeland Security) is considered to be a DOT agency for drug testing purposes. <br />b. The term "Opiate" is replaced with the term "Opioid" in all points of reference. <br />c. The definition of "Alcohol Screening Device (ASD)" is modified to include reference to the <br />list of approved devices as listed on ODAPC's website. <br />d. The definition of "Evidential Breath Testing Device (EBT)" is modified to include <br />reference to the list of approved devices as listed on ODAPC's website. <br />e. The definition of "Substance Abuse Professional (SAP)" will be modified to include <br />reference to ODAPC's website. The fully revised definition includes: <br />L A licensed physician (medical doctor or doctor of osteopathy) or licensed or <br />certified psychologist, social worker, employee assistance professional, state - <br />licensed or certified marriage and family therapist, or drug and alcohol counselor <br />(certified by an organization listed at https://w .transportation.gov/odapc/sap) <br />with knowledge of and clinical experience in the diagnosis and treatment of drug <br />and alcohol related disorders. <br />22 <br />AWachmenl number 1 \n <br />F-5 Page 77 <br />