The Office of General Counsel of Drug and Alcohol Policy and Compliance of the Department of Transportation issued Question and Answers covering Drug and Alcohol Testing Programs in July 2006 (Click Here to view in PDF). These Q&As constitute authoritative guidance and interpretation concerning 49CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS.
Please pay particular attention to to the Question and Answer dealing with 40.141 (Click Here to view 40.141) dealing with medications prescribed via an internet physician and the requirement for a direct doctor patient examination and relationship as well as connection of prescribed medication to a current medical problem. There are 4 criteria that must be met to reach the threshold of having a legitimate doctor – patient relationship.
- – The patient has a medical complaint
- – A medical history has been taken
- – A physical examination has been performed
- – Some logical connection exists between the complaint, the medical history, the physical examination, and the drug prescribed.
Taking medications prescribed by an “internet” doctor who has not physically examined you for your medical complaint per this interpretation would be illegal under the regulation.
All employees who have been prescribed medication via their personal physician to treat their medical issues will not have any problems. If you are taking medication prescribed via an internet physician, it is suggested that you immediately contact your local physician for a current examination to fulfill the requirements of a legitimate doctor – patient relationship.
Please note that this is an interpretation from DOT General Counsel of the Code of Federal Regulations and not something that falls under the purview of collective bargaining.
