Current through Register Vol. 41, No. 3, September 23, 2024
A. All Virginia
licensed branch pilots shall be subject to the random chemical testing as set
forth in this chapter. Random chemical testing shall be conducted at an annual
selection rate of not less than 30% and not more than 100% of total licensees.
Licensees shall be responsible for all costs associated with random chemical
testing. The chemical test shall be a comprehensive drug screen acceptable to
the board that includes testing for controlled substances in Schedules I - V of
Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Only licensees on duty may be selected for random testing. A
licensee selected for random chemical testing shall report for testing within
two hours of notification. Failure to take a random chemical test is considered
refusal to take the test.
B. Duties of licensee.
1. All licensees of this board shall enroll
and participate in a random chemical testing program that meets the criteria of
this chapter.
2. An on-duty
licensee selected for random chemical testing shall report for testing within
two hours of notification that he has been selected.
3. Licensees who receive a prescription for
any medication from any health care provider shall have the following duties:
a. Give the health care provider a copy of
the licensee's job description as a Virginia pilot;
b. Give the health care provider a complete
list of medications used within the 30 days preceding the current
visit;
c. Obtain a written
statement from the health care provider stating if the new prescription is for
a controlled substance (Schedules II - V of the Drug Control Act) and obtain a
written statement from the health care provider as to the licensee's fitness to
safely perform the duties found in the job description; and
d. If prescribed any medication containing a
Schedule II - V controlled substance that is to be used within 12 hours of
being on duty, make certain the MRO received by hand delivery or telefax each
prescription written by any health care provider at the time such prescription
is written along with a complete list of medications used by the licensee
within the preceding 30 days.
C. The medical review officer shall:
1. Be completely familiar with all duties of
a Virginia pilot.
2. Receive,
evaluate and maintain records of all medications given to him by or on behalf
of each Virginia pilot.
3. Receive,
evaluate and maintain a record of each random chemical test taken by a Virginia
pilot.
4. Any time the MRO finds
the presence of a drug or alcohol that may impair the safe discharge of any
duty of a Virginia pilot such that he is unfit to perform those duties, report
his written findings to the licensee and president or vice president of the
board and to the board's administrator.
5. Report in writing to the licensee,
president or vice-president of the board, and the board's administrator of any
delay or refusal by a licensee in reporting to testing or being
tested.
6. To the extent consistent
with state and federal law, protect the confidentiality of all licensee
records.
7. Judge fitness to safely
perform duties in the context of the licensee's prescription medications and
the licensee's available medical history. Any time the MRO finds evidence that
the Virginia pilot may be impaired in the safe discharge of any of his duties
such that he may be unfit to perform those duties, his written finding shall be
reported to the licensee and president or vice president of the board and to
the board's administrator.
