**Subpart O - Substance Abuse Professionals and the Return-to-Duty
Process**

**§ 40.281   Who is qualified to act as a SAP?**

To be permitted to act as a SAP in the DOT drug and alcohol testing
program, you must meet each of the requirements of this section:

\(a\) [Credentials]{.underline}. You must have one of the following
credentials:

\(1\) You are a licensed physician (Doctor of Medicine or Osteopathy);

\(2\) You are a licensed or certified social worker;

\(3\) You are a licensed or certified psychologist;

\(4\) You are a licensed or certified employee assistance professional;

\(5\) You are a state-licensed or certified marriage and family
therapist; or

\(6\) You are a drug and alcohol counselor certified by the National
Association of Alcoholism and Drug Abuse Counselors Certification
Commission (NAADAC); or by the International Certification Reciprocity
Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board
for Certified Counselors, Inc. and Affiliates/Master Addictions
Counselor (NBCC).

\(b\) [Basic knowledge]{.underline}. You must be knowledgeable in the
following areas:

\(1\) You must be knowledgeable about and have clinical experience in
the diagnosis and treatment of alcohol and controlled substances-related
disorders.

\(2\) You must be knowledgeable about the SAP function as it relates to
employer interests in safety-sensitive duties.

\(3\) You must be knowledgeable about this part, the DOT agency
regulations applicable to the employers for whom you evaluate employees,
and the DOT SAP Guidelines, and you keep current on any changes to these
materials. These documents are available from ODAPC (Department of
Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590
(202--366--3784), or on the ODAPC web site
(http://www.dot.gov/ost/dapc).

\(c\) [Qualification training]{.underline}. You must receive
qualification training meeting the requirements of this paragraph (c).

\(1\) Qualification training must provide instruction on the following
subjects:

\(i\) Background, rationale, and coverage of the Department\'s drug and
alcohol testing program;

\(ii\) 49 CFR Part 40 and DOT agency drug and alcohol testing rules;

\(iii\) Key DOT drug testing requirements, including collections,
laboratory testing, MRO review, and problems in drug testing;

\(iv\) Key DOT alcohol testing requirements, including the testing
process, the role of BATs and STTs, and problems in alcohol tests;

\(v\) SAP qualifications and prohibitions;

\(vi\) The role of the SAP in the return-to-duty process, including the
initial employee evaluation, referrals for education and/or treatment,
the follow-up evaluation, continuing treatment recommendations, and the
follow-up testing plan;

\(vii\) SAP consultation and communication with employers, MROs, and
treatment providers;

\(viii\) Reporting and recordkeeping requirements;

\(ix\) Issues that SAPs confront in carrying out their duties under the
program.

\(2\) Following your completion of qualification training under
paragraph (c)(1) of this section, you must satisfactorily complete an
examination administered by a nationally-recognized professional or
training organization. The examination must comprehensively cover all
the elements of qualification training listed in paragraph (c)(1) of
this section.

\(3\) The following is the schedule for qualification training you must
meet:

\(i\) If you became a SAP before August 1, 2001, you must meet the
qualification training requirement no later than December 31, 2003.

\(ii\) If you become a SAP between August 1, 2001, and December 31,
2003, you must meet the qualification training requirement no later than
December 31, 2003.

\(iii\) If you become a SAP on or after January 1, 2004, you must meet
the qualification training requirement before you begin to perform SAP
functions.

\(d\) [Continuing education]{.underline}. During each three-year period
from the date on which you satisfactorily complete the examination under
paragraph (c)(2) of this section, you must complete continuing education
consisting of at least 12 professional development hours (e.g., CEUs)
relevant to performing SAP functions.

\(1\) This continuing education must include material concerning new
technologies, interpretations, recent guidance, rule changes, and other
information about developments in SAP practice, pertaining to the DOT
program, since the time you met the qualification training requirements
of this section.

\(2\) Your continuing education activities must include documentable
assessment tools to assist you in determining whether you have
adequately learned the material.

\(e\) [Documentation]{.underline}. You must maintain documentation
showing that you currently meet all requirements of this section. You
must provide this documentation on request to DOT agency representatives
and to employers and C/TPAs who are using or contemplating using your
services.

\[65 FR 79526, Dec. 19, 2000, as amended at 69 FR 3022, Jan. 22, 2004;
71 FR 49384, Aug. 23, 2006; 73 FR 33329, June 12, 2008\]