In this document, we will use the following terms for clarity: "SAP" or "case managers” refers to AACS Counseling and its staff members. "You," or "your," or "the employee" pertains to the client/patient.
I. General Disclosure About the Return to Duty Program
The US Department of Transportation requires that drivers or employees who have violated the DOT drug and alcohol regulations complete the SAP program before returning to the performance of safety-sensitive duties. To help avoid conflicts of interest, the US Department of Transportation requires that Substance Abuse Professionals (SAPs) refer each employee to third-party education or treatment providers upon successfully completing the Initial Assessment(s)/evaluation(s). This means the employee will pay the SAP for evaluation-related services ONLY (the Initial and follow-up Evaluations).
The employee is responsible for paying the third-party education or treatment provider for their service(s).
II. Understanding DOT Rules Regarding Initial SAP Evaluations │ 49 CFR Part 40 Section § 40.293
The following are the DOT requirements for Substance Abuse Professionals (SAPs) regarding the initial evaluation:
"As a SAP, for every employee who comes to you following a DOT drug and alcohol regulation violation, you must accomplish the following:
(a) Provide a comprehensive assessment and clinical evaluation meeting. ***(DOT has provided procedures for virtual evaluations at the discretion of SAPs***.
On December 20, 2022, the Office of Drug and Alcohol Policy Compliance issued a Statement of Enforcement Discretion for Substance Abuse Professionals (SAP) that is effective January 1, 2023. The document authorizes SAPs to conduct remote assessments and evaluations for employees with drug and alcohol violations."
(b) Recommend a course of education and/or treatment with which the employee must demonstrate successful compliance prior to returning to DOT safety-sensitive duty.
(1) You must make such a recommendation for every individual who has violated a DOT drug and alcohol regulation.
(2) You must make a recommendation for education and/or treatment that will, to the greatest extent possible, protect public safety in the event that the employee returns to the performance of safety-sensitive functions.
(c) Appropriate education may include, but is not limited to, self-help groups (e.g., Alcoholics Anonymous) and community lectures, where attendance can be independently verified, and
bona fide drug and alcohol education courses.
(d) Appropriate treatment may include, but is not limited to, in-patient hospitalization, partial in-patient treatment, outpatient counseling programs, and aftercare."
Your SAP will conduct your clinical evaluation and recommend an appropriate course of education and/or treatment in accordance with the above requirements.
III. Education or Treatment Referral
AACS Counseling facilitates the process by referring its clients to third-party certified substance abuse treatment providers to help avoid delays in their RTD process. However, AACS does NOT and will NEVER require or force its clients to complete their Education or Treatment with the preferred providers. AACS puts its clients' interests first and always refers them to certified providers offering lower rates for their Education or Treatment program.
If a client decides not to complete their Education or Treatment with the SAP-recommended provider, s/he must inform the SAP about the provider with whom s/he would like to complete the program. The client may NOT, however, enroll in a different education/treatment program without the SAP's approval.
The SAP will contact the education/treatment provider to ensure their education/treatment program will satisfy the recommendation(s).
Clients/employees may ONLY complete the SAP-recommended education/treatment program with the SAP-approved provider. Therefore, if the client/employee enrolls in an education/treatment program without the SAP's approval, s/he may be required to restart the program with one of the SAP-approved providers.
Whether the client or employee completes their education or treatment with the SAP-approved provider, s/he is still responsible for reimbursing the treatment provider.
IV. Case Management
AACS Counseling provides its clients with dedicated case managers to support them throughout the return to duty process.
Once your SAP determines that you successfully complied with the recommended education/treatment requirements, the SAP will send the evaluation reports and your follow-up testing plan directly to your Designated Employer Representative (DER). If you are an owner-operator, the SAP will send the report to your C/TPA. This report is required by US Department of Transportation rules and regulations, 49 CFR Part 40.311.
Please be advised that the employer will determine whether to return you to safety-sensitive duties at their sole discretion.
You test NEGATIVE on the return-to-duty drug/alcohol test before returning to the performance of safety-sensitive duty, which is still at the employer's discretion. If the employer returns you to safety-sensitive duty, they must carry out your follow-up testing plan and ensure that you complete it accordingly.
Suppose, for any reason, you seek employment with another employer subject to DOT rules and regulations. In that case, that employer must request a copy of your follow-up testing plan from the previous employer.
Your previous employer must submit that information to your new employer under 49 CFR Part 40.25, but only if the request is accompanied by your written authorization for them to do so. Your SAP or case manager may get involved if your previous employer is no longer in business and cannot be contacted. In such a case, your SAP will send your follow-up testing plan to your new employer at no cost.
However, if you constantly change employment and request that your SAP sends your follow-up testing plan to each employer, you will be charged a fee of $60.00 for every three (3) employers. Also, suppose your previous employer refuses to release your follow-up testing to your new employer because you have yet to give them written authorization. In such a case, you must pay a $60.00 administrative fee before your SAP sends your follow-up testing plan to your new employer. This administrative fee will apply for every three (3) employers your SAP has to contact.
Please be advised that your SAP does not have records of the tests you take with your employer and will be unable to help you access them if your employer is no longer in business and cannot be contacted.
V. RECAP OF THE SAP PROGRAM AND THE RETURN TO DUTY PROCESS:
1. The Initial SAP Evaluation, Recommendation, and Referral
This is your first meeting with our Substance Abuse Professional (SAP). They will assess you and provide recommendation for treatment or education.
Your SAP will give you a list of certified Treatment or Education providers. Pick one from the list. If you want a different one, just inform your SAP to make sure it's okay.
***If you are a CDL or CLP holder, the SAP will report the assessment completion date to the Clearinghouse. ***
2. Complete the SAP-recommended Program
Complete the recommended program and undergo a non-DOT drug/alcohol screening. You must comply with these requirements in order to complete the program.
3. Follow-Up Evaluation
This is your second meeting with the SAP. The SAP will assess you again to determine whether you have complied with their recommendations.
***If you are a CDL or CLP holder, the SAP will report the assessment completion date to the Clearinghouse if they have determined that you complied with their recommendations and deemed you eligible for the return-to-duty test. ***
4. Return to Duty Test
Your employer will schedule your Return-to-Duty Test.
A negative test result will clear you for duty.
***If you do not have an employer, we can also assist you with the steps. ***
5. Follow-Up Testing Plan
Your employer will implement a follow-up testing plan as required.
If changing jobs, your previous employer must transfer your SAP reports to your new employer upon your written request.