250-016-0038 Knowledge Examination, Health Screen, and Drug testing (1) Guide Boat Operator’s Knowledge Examination: (a) An examination must be completed every five years. (b) The passing score is 75 percent. (c) If the applicant fails the examination, they may retake it after a thirty (30) day waiting period. (2) Health Screenings shall: (a) Be of such scope to ensure that there are no conditions that pose significant risk of a sudden incapacitation or debilitating complication. This screening must also consider any condition requiring medication that impairs cognitive ability, judgment, or reaction time, (b) Be based on Title 49 Code of Federal Regulations (CFR) part 391.41-391.49 as stated on 01/01/2016 (US Department of Transportation (DOT) requirements)) as the recommended guideline for health screening requirements and limitations, and (c) Include documented proof of compliance from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening. (3) If at any time there is any medical condition that could impair one’s ability to operate a boat, the individual must: (a) Stop providing all Outfitter and Guide motorboat operations; (b) Notify the Marine Board within 48 hours; and (c) Submit documentation from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening prior to providing Outfitter and Guide boat operations. (4) Drug testing program shall include: (a) Pre-employment drug testing. Drug testing must be completed within 60 days prior to initial application for a Motorized Passenger Boat Operator’s Certification or prior to a renewal as an Outfitter and Guide or employee after a lapse in registration of one year or greater. (b) Participation in a drug consortium. The consortium is defined as a service agent that provides or coordinates a variety of drug and alcohol testing programs including random testing. (c) Testing for drug presence including cocaine, amphetamines, phencyclidine (PCP), and opiates. Title 49 CFR part 40 as established 01/01/2016 sets the predetermined levels which determine a test to be positive or negative for the presence of dangerous drugs. (d) Testing procedures in accordance with Title 49 CFR part 40 as established on 01/01/2016. The analysis will be performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS). (5) Individuals receiving a verified positive, adulterated, or substituted drug test result must: (a) Stop providing all Outfitter and Guide services. (b) Notify the Marine Board within 48 hours. (c) Successfully complete the following return-to-duty process: (A) Submit to evaluation and treatment from a Substance Abuse Professional (SAP). SAP professional shall be as defined in Title 49 CFR part 40 as established on 01/01/2016. (B) Provide documentation of compliance with the SAP recommendations to the Marine Board. (C) Upon successful completion, submit proof of drug testing once a month for the next 12 months. The results of this screening shall be submitted to the Marine Board by the fifteenth day of each month. (D) Desist from providing any Outfitter and Guide services until return to work approval is obtained from the Marine Board. (d) Provide proof of compliance in the form of a letter from the service provider attesting to participation in a drug consortium. (6) A violation of any of the provisions of this section shall result in a suspension, revocation or denial of an Outfitter and Guide registration and Motorized Passenger Boat Operator Certification. (a) A violation of drug testing provisions shall include civil penalties not to exceed $500. (b) Refusal to take a drug test, refusing to comply with SAP recommendations, or tampering with or attempting to alter a test shall result in an immediate revocation of an Outfitter and Guide registration and motorized passenger boat operator certification for up to 24 months. (7) All associated costs of health and drug screening relating to the provisions of this section shall be the responsibility of the Outfitter and Guide or the Outfitter and Guide employee. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.020 History: OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018