['Drug and Alcohol Testing - DOT', 'Physical exam - Motor Carrier']
['Medical review officer (MRO) - Motor Carrier', 'Drug testing - Motor Carrier', 'Physical exam - Motor Carrier']
08/19/2024
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Yes, a driver may use a prescribed drug if certain conditions are met.
Drugs that are prohibited under the FMCSRs appear on Schedule I of 21 CFR 1308, Schedules of Controlled Substances. It is a list of controlled substances, categorized as opiates, opiate derivatives, hallucinogenic substances, depressants, and stimulants. Prescription brand names will not appear on the list, but rather their chemical composition. Each drug or substance has been assigned a DEA Controlled Substances Code Number.
Drugs contained in the Schedule I list prevent a driver from being medically qualified per 391.41(b)(12).
For non-Schedule I drugs, there is an exception if the following is true:
- If the substance or drug is prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and assigned duties; and
- The licensed medical practitioner has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
If the licensed medical practitioner prescribes the medication without insight into the assigned duties, the driver is still medically unqualified, and the exception to the rule does not apply, even though he/she obtained the medication legally.
Schedule I is also used to disqualify a driver under 392.4. The same exemption is noted in paragraph (c) which states that the drug must be obtained through a licensed medical practitioner who has advised the driver that it will not adversely affect his/her driving ability. A similar exemption is found in 382.213 for regulations relating to DOT drug and alcohol testing programs.
An employer may require a driver to inform them of any therapeutic drug use.
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['Drug and Alcohol Testing - DOT', 'Physical exam - Motor Carrier']
['Medical review officer (MRO) - Motor Carrier', 'Drug testing - Motor Carrier', 'Physical exam - Motor Carrier']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.