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CFR › Title 49 › Subtitle A › Part 40 › Subpart O › Section 40.299

49 CFR 40.299 - What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?

There is 1 rule appearing in the Federal Register for 49 CFR 40. Select the tab below to view, or View eCFR (GPOAccess)
§ 40.299
What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?
(a) As a SAP, upon your determination of the best recommendation for assistance, you will serve as a referral source to assist the employee's entry into an education and/or treatment program.
(b) To prevent the appearance of a conflict of interest, you must not refer an employee requiring assistance to your private practice or to a person or organization from which you receive payment or to a person or organization in which you have a financial interest. You are precluded from making referrals to entities with which you are financially associated.
(c) There are four exceptions to the prohibitions contained in paragraph (b) of this section. You may refer an employee to any of the following providers of assistance, regardless of your relationship with them:
(1) A public agency (e.g., treatment facility) operated by a state, county, or municipality;
(2) The employer or a person or organization under contract to the employer to provide alcohol or drug treatment and/or education services (e.g., the employer's contracted treatment provider);
(3) The sole source of therapeutically appropriate treatment under the employee's health insurance program (e.g., the single substance abuse in-patient treatment program made available by the employee's insurance coverage plan); or
(4) The sole source of therapeutically appropriate treatment reasonably available to the employee (e.g., the only treatment facility or education program reasonably located within the general commuting area).

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 102 - Department of Transportation

§ 301 - Leadership, consultation, and cooperation

§ 322 - General powers

§ 5331 - Alcohol and controlled substances testing

§ 20140 - Alcohol and controlled substances testing

§ 31306 - Alcohol and controlled substances testing

§ 45101 - Definition

§ 45102 - Alcohol and controlled substances testing programs

§ 45103 - Prohibited service

§ 45104 - Testing and laboratory requirements

§ 45105 - Rehabilitation

§ 45106 - Relationship to other laws, regulations, standards, and orders

§ 45107 - Transportation Security Administration

USC: Title 49a

§ 1301 note

§ 1434 note

§ 1618a

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 40 after this date.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40