The Department of Transportation Notice of Proposed Rulemaking (NPRM) proposes to amend its drug-testing program regulation, 49 CFR part 40 (part 40), to add fentanyl (a synthetic opioid) and norfentanyl (a metabolite of fentanyl) to its drug testing panels. The Department also proposes to amend certain provisions of part 40 to harmonize, as appropriate, with the current HHS Mandatory Guidelines using urine and oral fluid. This NPRM also proposes to clarify certain existing part 40 drug testing program provisions and to make technical amendments.
The proposals in the NPRM include:
- Add Fentanyl and norfentanyl to the testing panels,
- Adjust laboratory morphine confirmatory cutoff (urine only),
- Remove the additional requirement for MROs to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral fluid),
- Add and modify certain definitions,
- Authorize biomarker testing,
- Modify analyte nomenclature for marijuana (urine and oral fluid),
- Revise footnote #1 to both testing panels to include more specific and updated criteria for alternate technology initial drug tests,
- Add a 30-day requirement for drug collectors, STTs, and BATS within which to complete the required training and mock collections,
- Adding a new ‘fatal flaw’ related to oral fluid specimens,
- Modify several provisions related to oral fluid specimens,
- Add clarifying language to other provisions (such as oral fluid collector training, SAP documents, and shy bladder/dry mouth procedures),
- Various technical amendments.