Ask X3What does 49 CFR 40.281 (Who is qualified to act as a SAP?) require?
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To act as a Substance Abuse Professional (SAP) in the DOT drug and alcohol testing program, a person must meet all the requirements outlined in 49 CFR 40.281. As a motor-carrier owner, you should ensure any SAP you use meets these specific criteria:
1. Required Credentials: The individual must hold one of the following:
* A licensed physician (Doctor of Medicine or Osteopathy)
* A licensed or certified social worker
* A licensed or certified psychologist
* A licensed or certified employee assistance professional
* A state-licensed or certified marriage and family therapist
* A drug and alcohol counselor certified by an organization listed on the ODAPC website.
2. Basic Knowledge: They must have clinical experience and knowledge in diagnosing and treating alcohol and controlled-substance disorders, understand the SAP function regarding safety-sensitive duties, and stay current on Part 40, applicable DOT agency regulations, and DOT SAP Guidelines (including subscribing to the ODAPC list-serve).
3. Qualification Training and Examination: Before performing SAP functions, they must complete specific qualification training covering the testing program, Part 40 rules, SAP roles, the return-to-duty process, and recordkeeping. Afterward, they must pass a comprehensive examination administered by a nationally recognized professional or training organization.
4. Continuing Education: Every three years from the date they pass their exam, they must complete at least 12 professional development hours (e.g., CEUs) relevant to SAP functions, featuring documentable assessment tools.
5. Documentation: They must maintain documentation proving they meet all these requirements and provide it upon request to DOT agency representatives, employers, and C/TPAs.
6. Geographic Limitations: If performing remote evaluations, the SAP must comply with any geographic limitations applicable to their specific professional license.