Ask X3What does 49 CFR 40.299 (What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?) require?
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As a motor-carrier owner, here is what 49 CFR 40.299 requires of a Substance Abuse Professional (SAP) regarding referrals:
* Role: Once the SAP determines the best recommendation for assistance, they must act as a referral source to help the employee enter an education and/or treatment program.
* Conflict of Interest Limits: To avoid any appearance of a conflict of interest, the SAP is prohibited from referring an employee to:
* Their own private practice.
* Any person or organization from which the SAP receives payment.
* Any person or organization in which the SAP has a financial interest or is financially associated.
* Exceptions: A SAP *may* refer an employee to the following providers, regardless of any financial relationship:
1. A public agency (such as a state, county, or municipal treatment facility).
2. The employer, or a person/organization under contract with the employer to provide these services.
3. The sole source of therapeutically appropriate treatment available under the employee's health insurance program.
4. The sole source of therapeutically appropriate treatment reasonably available to the employee (such as the only facility reasonably located within their general commuting area).