[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44408-44409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22131]


=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220-AB30


Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) hereby amends its 
regulations under the Railroad Unemployment Insurance Act (RUIA) to 
permit a substance-abuse professional to execute a statement of 
sickness in support of payment of sickness benefits under the RUIA.

EFFECTIVE DATE: This rule will be effective September 22, 1997.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North 
Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:
Thomas W. Sadler, Senior Attorney, Railroad Retirement Board, 844 North 
Rush Street, Chicago, Illinois 60611, (312) 751-4513, TDD (312) 751-
4701.

SUPPLEMENTARY INFORMATION: Section 335.2(a)(2) of the Board's 
regulations provides that in order to be entitled to sickness benefits 
under the RUIA, a claimant must provide a ``statement of sickness.'' 
Section 335.3(a) of the Board's regulations lists the individuals from 
whom the Board will accept a statement of sickness. That list does not 
currently include a ``substance-abuse professional'' (SAP), although 
employees may claim sickness benefits under circumstances resulting 
from alcohol or controlled-substances-related disorders. In providing 
that an SAP under this part must meet the qualifications outlined in 
the Department of Transportation (DOT) regulations at 49 CFR part 40.3, 
the Board recognizes the importance of nationally-accepted standards 
for SAPs. The DOT regulations define an SAP as a licensed physician 
(Medical Doctor or Doctor of Osteopathy), a licensed or certified 
psychologist, a licensed or certified social worker, or a licensed or 
certified employee assistance professional. The DOT regulations also 
include alcohol and drug abuse counselors certified by the National 
Association of Alcoholism and Drug Abuse Counselors (NAADAC) 
Certification Commission, a national organization imposing 
qualification standards for treatment of alcohol and drug-related 
disorders.
    Under the DOT regulations, an SAP must have knowledge of, and 
clinical experience in, the diagnosis and treatment of alcohol and 
controlled substances-related disorders. Accordingly, those individuals 
who have the requisite degrees or certificates, but who lack knowledge 
and clinical experience in alcohol and substance abuse-related 
disorders, would not meet the criteria of a qualified SAP under this 
part.
    The Board published this rule as a proposed rule on April 18, 1997 
(62 FR 19072), and invited comments by June 17, 1997. No comments were 
received.
    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulation action 
for purposes of Executive Order 12866. Therefore, no regulatory impact 
analysis is required. There are no information collections associated 
with this rule.

List of Subjects in 20 CFR Part 335

    Railroad employees, Railroad sickness benefits.

    For the reasons set out in the preamble, title 20, chapter II, part 
335 of the Code of Federal Regulations is amended as follows:

PART 335--SICKNESS BENEFITS

    1. The authority citation for part 335 continues to read as 
follows:

    Authority: 45 U.S.C. 362(i) and 362(l).

    2. Section 335.3(a) is amended by removing ``or'' at the end of 
paragraph (a)(8) of this section, by removing the period at the end of 
paragraph (a)(9) of this section and adding ``; or'', and by adding a 
new paragraph (a)(10) to read as follows:


Sec. 335.3  Execution of statement of sickness and supplemental 
doctor's statement.

    (a) * * *
    (10) A substance-abuse professional as defined in 49 CFR part 40.3, 
if the infirmity involves alcohol or controlled substances-related 
disorders.
* * * * *
    Dated: August 12, 1997.

    By Authority of the Board.


[[Page 44409]]


    For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 97-22131 Filed 8-20-97; 8:45 am]
BILLING CODE 7905-01-P-M