November 10, 2006
Did you know...?
In the DOT drug and alcohol testing program, employers and service agents are not required to obtain written employee authorization to disclose drug and alcohol testing information where disclosing the information is required by 49 CFR Part 40 and other DOT Agency drug and alcohol testing regulations.
Even if drug and alcohol testing information is viewed as protected under the Health Insurance Portability and Accountability Act of 1996 rules, it is not necessary to obtain employee written authorization where DOT requires the use or disclosure of otherwise protected health information under 49 CFR Part 40 or other DOT Agency drug and alcohol testing regulations.
Examples in which employers or service agents in the DOT program may disclose information without the written consent from the employee include:
-Employers need no written authorizations from employees to conduct DOT tests
-Collectors need no written authorizations from employers to perform DOT urine collections, to distribute Federal Drug Testing Custody and Control Forms, or to send specimens to laboratories
-Screening Test Technicians and Breath Alcohol Technicians need no written authorizations from employees to perform DOT saliva or breath alcohol tests (as appropriate), or to report alcohol test results to employers
-Laboratories need no written authorizations from employees to perform DOT drug and validity testing, or to report test results to Medical Review Officers
-MROs need no written authorizations from employees to verify drug test results, to discuss alternative medical explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals and evaluating physicians, or to report other medical information.
-Substance Abuse Professionals need no written authorizations from employees to conduct evaluations, to confer with employers, to confer with MROs, to confer with appropriate education and treatment providers, or to provide Substance Abuse Professional reports to employers
-Third Party Administrators need no written authorizations from employees to bill employers for service agent functions that they perform for employers or contract on behalf of employers
-Evaluating physicians need no written authorizations from employees to report evaluation information and results to MROs or to employers, as appropriate
-Employers and service agents need no written authorizations from employees to release information to requesting Federal, State, or local safety agencies with regulatory authority over them or employees
49 CFR Part 40 and DOT Agency regulations provide for confidentiality of individual test-related information in a variety of other circumstances.
For more information about Workplace Drug and Alcohol Testing Rules (49 CFR Part 40) or other DOT regulations visit the U.S. Department of Transportation website at http://www.dot.gov/.
To learn more about how OHS-COMPCARE contact our Client Services Team at (816) 561-2105 or by e-mail at customerservice@ohscompcare.com. You can also visit us at www.ohscompcare.com.
*Please feel free to forward this information to any member of management in your company who would benefit from it.*
OHS-COMPCARE has eight (8) area clinical facilities:
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Blue Springs Clinical Facility |
Independence Clinical Facility |
Johnson County Clinical Facility |
St. Joseph Clinical Facility |
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801 NW St. Mary’s Drive |
17020 East 40 Highway |
10415 Lackman Road |
904 Edmond Street |
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Blue Springs, MO 64104 |
Independence, MO 64055 |
Lenexa, KS 66219 |
St. Joseph, MO 64501 |
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816-224-9121 |
816-478-9299 |
913-495-9905 |
816-233-7702 |
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*New Extended Hours* |
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KCMO/Broadway Clinical Facility |
KCMO/Front Street Clinical Facility |
Wyandotte County Clinical Facility |
Grandview Clinical Facility ***now open*** |
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1650 Broadway |
6501 East Commerce, Suite 110 |
1333 Meadowlark Lane, Suite 200 |
13830 S Us Highway 71 |
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Kansas City, MO 64108 |
Kansas City, MO 64120 |
Kansas City, KS 66102 |
Grandview, MO 64030 |
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816-842-2020 |
816-483-5550 |
913-596-2774 |
816-761-4664 |