Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.13 - Health and Medical Examination

Current through Register 1525, July 5, 2024
(1) Each
			 applicant and each individual holding a Commission must be and must remain in
			 good physical and mental health (as determined by the USCG or medical
			 practitioner performing general fitness examination) and be at all times fit to
			 perform the duties of a Pilot.
(2)
			 Each individual holding a Commission must have a physical examination
			 (including eye examination) that meets the license requirements of the U.S.
			 Coast Guard by a medical practitioner licensed and qualified to practice in the
			 United States on an annual basis to demonstrate good physical and mental
			 health. The Commissioned Pilot must submit to the Commissioners a copy of such
			 medical report signature page (USCG Form 719K) each calendar year. The cost of
			 such medical examination will be at the expense of the Commissioned
			 Pilot.
(3) In the event of a
			 disagreement between any individual and the Commissioners as to the results of
			 any such physical examination or as to the physical or mental health of any
			 individual, the individual shall have a physical examination by a medical
			 pracitioner licensed and qualified to practice in the United States and to be
			 determined by the Commissioners. A copy of the written report of each such
			 physical examination shall be furnished by the relevant practitioner to the
			 Commissioners and to the individual examined. This examination shall be at the
			 cost and expense of the Commissioners.
(4) Each such written report shall be not
			 less extensive than that required by the U.S. Coast Guard and must include the
			 signature page (page 9) of the USCG Form 719K, to be submitted to the
			 Commissioners.
(5) Each pilot must
			 promptly report to the Commissioners in writing all medications (prescription
			 or nonprescription), dietary supplements, and vitamins that were filled, or
			 refilled, and/or taken within 30 days prior to the date the applicant signs the
			 CG-719K and all medications (prescription or nonprescription), dietary
			 supplements, and vitamins that were used for a period of 30 or more days within
			 the last 90 days prior to the date the applicant signs the CG-719K. At any
			 time, all medications (prescription or nonprescription), dietary supplements,
			 and vitamins that have side effects that will impair judgment, balance, or any
			 other requirements for effective and safe performance of routine and emergency
			 duties on board must be promptly reported to the Commissioners in writing.
(a) Pursuant to U.S. Coast Guard regulations,
			 a Commissioned Pilot providing pilotage services under the authority of their
			 U.S. Coast Guard Merchant Mariner Credential shall be subject to substance
			 abuse screening, commonly referred to as "drug testing". Such drug testing
			 shall conform to all elements of screening, including pre-employment
			 (applicants), random selection, post-accident and probable cause. In the event
			 that a drug test is reported as "positive" to the U.S. Coast Guard, the
			 Commissioned Pilot shall immediately notify the Commissioner via the most
			 expedient means of communication. The Commissioner shall immediately suspend
			 the Commission of the Commissioned Pilot. If and when the Commissioned Pilot's
			 Merchant Mariner Credential is reinstated, the Commissioner may or may not
			 reinstate the Pilot's Commission but will permit the Commissioned Pilot a
			 hearing to ascertain if reinstatement is appropriate, and if so the
			 Commissioner may require recency trips and/or renewal application.
(b) Commissioned Pilots who are involved in a
			 "serious marine incident" as defined in
			 995 CMR 2.02 or show
			 probable cause to the U.S. Coast Guard shall be subject to urine screen for
			 drugs and blood tests or breathalyzer (or saliva test) for alcohol content of
			 the Commissioned Pilot. If the Blood Alcohol Content (BAC) of the Commissioned
			 Pilot is above 0.04%, then the Commissioned Pilot shall immediately notify the
			 Commissioner
via
the most expedient means of communication.
			 The Commissioner shall immediately suspend the Commission of the Commissioned
			 Pilot. If and when the Commissioned Pilot's license is reinstated, the
			 Commissioner may or may not reinstate the Pilot's Commission but will permit
			 the Commissioned Pilot a hearing to ascertain if reinstatement is appropriate,
			 and if so the Commissioner may require recency trips and/or renewal
			 application. Drug and alcohol testing will be conducted in compliance with as
			 required 46 CFR part 4.06 and 49 CFR 40.