Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 4.00 - Pilots And Pilotage In District Three Massachusetts › Section 4.15 - Health and Medical Examination

Current through Register 1525, July 5, 2024
(1)
			 Each applicant and individual holding a Commission must be and must remain in
			 good physical and mental health and be at all times fit to perform the duties
			 of a Pilot.
(2) Each individual
			 holding a Commission must have a physical examination that meets the license
			 requirements of the US Coast Guard by a medical doctor licensed and qualified
			 to practice in Massachusetts or their state of residence on an annual basis so
			 as to demonstrate good physical and mental health. The Commissioned Pilot shall
			 submit to the Commissioner a copy of such medical report USCG Form 719K in the
			 first quarter of each calendar year. The cost of such medical examination shall
			 be at the expense of the Commissioned Pilot.
(3) Should the medical and mental examination
			 made by the physician cause US Coast Guard action affecting the validity of the
			 Commissioned Pilot's US Coast Guard license, then the pilot shall immediately
			 report this fact to the Commissioner, who shall suspend the Pilot's Commission
			 until such time as the medical issues are resolved with the US Coast Guard, and
			 the Commissioned Pilot is issued a valid US Coast License. If the period of the
			 Pilot's suspended license exceeds one-year, recency trips and/or renewal
			 examination may be required by the Commissioner.
(4) In the event that a Commissioned Pilot is
			 prescribed prescription drugs by a physician or mental health professional
			 between US Coast annual physicals, the Pilot shall notify the Commissioner in
			 writing, and report the duration that such prescription drugs have been
			 prescribed.
(5) Pursuant to US
			 Coast Guard regulations, a Commissioned Pilot providing pilotage services under
			 the authority of his or her US Coast License 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 US 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
			 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.
(6) Commissioned Pilots who are involved in
			 an "unusual incident" as defined in
			 995 CMR 4.00, or show probable
			 cause to the US Coast Guard shall be subject to urine screen for drugs and
			 blood tests or breathalyzer 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.