California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 5 - Licensing › Section 217.30 - Board-Initiated Fitness Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				the Board or Board staff obtains information from a source other than a
				Board-appointed physician that provides a reasonable basis for concluding that
				a pilot or pilot trainee may have become unfit to perform the duties of a pilot
				or pilot trainee, the Board or the Executive Director shall refer the matter to
				the Medical Review Officer for evaluation by an examining physician in
				accordance with Section
				217.25(a). The
				referral shall be in writing and shall set forth in detail the information that
				led to the referral. The Executive Director may order the pilot or pilot
				trainee to cease performing pilot or pilot trainee duties until the pilot or
				pilot trainee is determined FFD.
(b) A pilot whose license has been
				temporarily suspended by the Board in accordance with Section
				1180 of the Code due to issues of
				fitness to perform the duties of a pilot shall submit to a fitness evaluation
				within the period of the suspension.
(c) A pilot's or pilot trainee's failure to
				submit to a fitness evaluation required under either subsection (a) or (b) may
				be considered by the Board as evidence sufficient to warrant a finding that the
				pilot or pilot trainee is NFFD.
(d)
				The Executive Director or the Medical Review Officer may direct that the
				fitness evaluation required by this section be performed by a specific
				examining physician.
(e) Upon being
				notified that a pilot or trainee has undergone post-incident drug and alcohol
				tests, the Board shall direct a request to a Board-appointed physician for
				review and response concerning the test results. For this purpose, the Board
				shall use the Notice of Post-Incident Drug Test (Version September 24, 2020),
				hereby incorporated by reference. The form shall provide for a response by the
				examining physician that indicates whether the test results were positive for
				any of the drugs referenced in Section
				217.15(e) or
				indicated a blood-alcohol concentration of more than 0.0 percent. If so, the
				physician shall complete the form by requesting the Executive Director to refer
				the pilot or trainee to the Medical Review Officer under subsection
				(a).
1. New section
				  filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
2.
				  Amendment of section heading and section filed 7-29-2021; operative 10-1-2021
				  (Register 2021, No. 31). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Sections
					 1101,
					 1141,
					 1157,
					 1157.1,
					 1157.2,
					 1157.3,
					 1157.4,
					 1171,
					 1171.5,
					 1176,
					 1176.5,
					 1180,
					 1181,
					 1182
					 and
					 1183,
					 Harbors and Navigation Code.