995 CMR 2.13 - Health and Medical Examination

Current through Register 1466, April 1, 2022

(1) Each applicant and each individual holding a Commission must be and must remain in good physical and mental health and be at all times fit to perform the duties of a Pilot.
(2) Each individual holding a Commission must have a physical examination (including eye examination) that meets the license requirements of the U.S. Coast Guard by a medical doctor licensed and qualified to practice in the United States on an annual basis to demonstrate good physical and mental health to the satisfaction of the commissioners. This annual physical examination may be by any duly qualified medical doctor selected by the individual and will be at the cost and expense of the individual.
(3) In the event of a disagreement between any individual and the Commissioners as to the results of any such physical examination or as to the physical or mental health of any individual, the individual shall have a physical examination by a medical doctor licensed and qualified to practice in the United States and chosen by the Commissioners. A copy of the written report of each such physical examination shall be furnished by the relevant doctor to the Commissioners and to the individual examined. This examination shall be at the cost and expense of the Commissioners.
(4) Each such written report shall be not less extensive than that required by the U.S. Coast Guard and must include a statement of all drugs and medications used by or prescribed for the applicant.
(5) Each pilot must promptly report to the Commissioners in writing any prescription medicines which they are taking, or which are prescribed for them.
(a) Pursuant to US Coast Guard regulations, a Commissioned Pilot providing pilotage services under the authority of his or her US Coast Guard Merchant Mariner Credential shall be subject to substance abuse screening, commonly referred to as "drug testing". Such drug testing shall conform to all elements of screening, including pre-employment (applicants), random selection, post-accident and probable cause. In the event that a drug test is reported as "positive" to the US Coast Guard, the Commissioned Pilot shall immediately notify the Commissioner via the most expedient means of communication. The Commissioner shall immediately suspend the Commission of the Commissioned Pilot. If and when the Commissioned Pilot's Merchant Mariner Credential is reinstated, the Commissioner may or may not reinstate the Pilot's Commission but will permit the Commissioned Pilot a hearing to ascertain if reinstatement is appropriate, and if so the Commissioner may require recency trips and/or renewal application.
(b) Commissioned Pilots who are involved in an "unusual incident" as defined in 995 CMR 2.02 or show probable cause to the US Coast Guard shall be subject to urine screen for drugs and blood tests or breathalyzer for alcohol content of the Commissioned Pilot. If the Blood Alcohol Content (BAC) of the Commissioned Pilot is above 0.04%, then the Commissioned Pilot shall immediately notify the Commissioner via the most expedient means of communication. The Commissioner shall immediately suspend the Commission of the Commissioned Pilot. If and when the Commissioned Pilot's license is reinstated, the Commissioner may or may not reinstate the Pilot's Commission but will permit the Commissioned Pilot a hearing to ascertain if reinstatement is appropriate, and if so the Commissioner may require recency trips and/or renewal application.

Notes

995 CMR 2.13
Amended by Mass Register Issue 1378, eff. 11/16/2018.

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