Medical Review Officer
Certification Council
Certification Council
Promoting and Preserving the Highest Quality of Standards Among MROs and Their Assistants
Copyright © 2012 Medical Review Officer Certification Council (MROCC), All Rights Reserved
Monograph Four provides a general introduction to and snapshot of the
state legal authority impacting Medical Review Officer Practice and Drug-Free
Workplace program administration. Private sector/non-regulated/non-
mandated/non-DOT testing legal authority includes authority from state laws,
applicable regulations implementing those state laws, significant case law
decisions, and local ordinances or other local legal authority.
PART ONE provides a state -by-state review of state law definitions and
statutory references that impact on the role and use of a Medical Review
Officer in workplace drug testing, including an At-A-Glance Chart. Both
mandatory and voluntary drug testing laws are discussed. Voluntary laws
must be followed only if the employer seeks to take advantage of a benefit
that the statute offers, such as a reduction in an employer's workers
compensation premium if they comply with the law's requirements or
insulation from litigation under certain circumstances. However, since the
requirements of such laws can be interpreted by a court as an industry
custom and practice in a legal challenge, the legal risk involved in ignoring
such voluntary laws should be considered.
PART TWO reviews the impact of state law authority on reporting positive
and refusal to test results to State agencies. In some cases, reporting to State
agencies is the responsibility of the MRO; in others it is the responsibility of
the employer.
PART THREE addresses the issue of the review and interpretation of test
results in states where there are provisions for the use of “medical
marijuana” . While the US Departments of Transportation and Health and
Human Services have issued specific guidance and regulatory text stating that
the use of marijuana ( a Schedule I drug), even consistent with State medical
marijuana provisions, cannot be an acceptable medical explanation for a
marijuana positive test conducted under Federal authority, the MRO does
need to consider the impact of State medical marijuana provisions on the
review and interpretation of non-Federal drug test results.
TARGET AUDIENCE:
This activity has been designed to meet the educational needs of MROS within Federally Regulated (DOT 49 CFR Part 40) and non-regulated drug testing programs. This monograph will review the impact of state laws, regulations, and case law on Medical Review Officer Practice in non-public sector, non-federally mandated, workplace drug testing programs.
STATEMENT OF NEED:
The body of state law authority including state law, regulations, and case law has steadily increased in volume and scope over the last twenty years. As a consequence of this growth in state authority, it has become important for Medical Review Officers to understand the impact of state legal authority on daily medical review practice in non-public sector, non-federally mandated, workplace drug testing programs.
This monograph first reviews the state statutory requirements for Medical Review Officers. Thereafter it highlights state laws related to 1) reporting of test results for Commercial Driver Licensed (CDL) personnel to state agencies and 2) medical marijuana use and discusses the impact of these laws on Medical Review Officer practice.
EDUCATIONAL OBJECTIVES:
At the conclusion of this activity, participants should be able to:
· Demonstrate an understanding of the state statutory requirements for Medical Review Officers.
· Identify the major state law, implementing state law regulations, and case law issues important to daily medical review officer practice.
· Identify the major state law, implementing state regulations, and case law issues important to an understanding of non-public sector, non-federally mandated, workplace drug testing program administration.
This activity has been designed to meet the educational needs of MROS within Federally Regulated (DOT 49 CFR Part 40) and non-regulated drug testing programs. This monograph will review the impact of state laws, regulations, and case law on Medical Review Officer Practice in non-public sector, non-federally mandated, workplace drug testing programs.
STATEMENT OF NEED:
The body of state law authority including state law, regulations, and case law has steadily increased in volume and scope over the last twenty years. As a consequence of this growth in state authority, it has become important for Medical Review Officers to understand the impact of state legal authority on daily medical review practice in non-public sector, non-federally mandated, workplace drug testing programs.
This monograph first reviews the state statutory requirements for Medical Review Officers. Thereafter it highlights state laws related to 1) reporting of test results for Commercial Driver Licensed (CDL) personnel to state agencies and 2) medical marijuana use and discusses the impact of these laws on Medical Review Officer practice.
EDUCATIONAL OBJECTIVES:
At the conclusion of this activity, participants should be able to:
· Demonstrate an understanding of the state statutory requirements for Medical Review Officers.
· Identify the major state law, implementing state law regulations, and case law issues important to daily medical review officer practice.
· Identify the major state law, implementing state regulations, and case law issues important to an understanding of non-public sector, non-federally mandated, workplace drug testing program administration.
$135 includes:
| • | 48 Page Monograph |
| • | 23-Item Self Assessment |
| • | CME Certificate |
This monograph is download-only. Upon submitting payment you will be able to obtain the materials in PDF-format. Acrobat Reader is needed to view the document. Download Reader for free using the link on our homepage.
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_______________________________________________________________________
This activity has been planned and implemented in accordance with the Essential Areas and policies of the Pennsylvania Medical Society and the Accreditation Council for Continuing Medical Education (ACCME) through the joint sponsorship of University Services and MROCC. University Services is accredited by the Pennsylvania Medical Society to provide continuing medical education for physicians. University Services designates this educational activity for a maximum of 5 credit hours, AMA PRA Category 1 Credits™. Physicians should only claim credit commensurate with the extent of their participation in the educational activity.
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If you prefer to securely fax or mail your credit card information click here.
_______________________________________________________________________
This activity has been planned and implemented in accordance with the Essential Areas and policies of the Pennsylvania Medical Society and the Accreditation Council for Continuing Medical Education (ACCME) through the joint sponsorship of University Services and MROCC. University Services is accredited by the Pennsylvania Medical Society to provide continuing medical education for physicians. University Services designates this educational activity for a maximum of 5 credit hours, AMA PRA Category 1 Credits™. Physicians should only claim credit commensurate with the extent of their participation in the educational activity.
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by: Josephine Kenney, JD
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