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From: Robert Swotinsky MD
Password: orange
Date: 20 Jun 2007
Time: 18:07:44 -0700
Remote Name: 24.91.148.147
The text below is from the book I coauthored. Please feel free to critique and recommend changes. Maybe we can develop open source MRO contract documents, here.
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Sample Agreement Between MRO and Employer ■
Section 1. Scope of Services provided by the medical review officer (MRO):
A. Qualifications. The MRO:
1. Is knowledgeable of the requirements for the MRO in compliance with the regulations of the U.S. Department of Transportation (DOT).
2. Is a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders.
3. Has the requisite level of experience to interpret positive, adulterated, substituted, and invalid drug test results.
4. Will comply with all regulations governing the conduct of the MRO.
B. Receipt, review, and reporting of drug test results conducted through the COMPANY's program.
1. The MRO will receive results from the laboratory that analyzes drug test specimens on behalf of the COMPANY. The MRO will report as “canceled" to the COMPANY those tests that have significant procedural or technical errors.
2. A physician qualified to serve as an MRO will review and interpret each positive, adulterated, substituted, and invalid result. The MRO will determine if there is an alternative medical explanation for the result. In carrying out this responsibility, the MRO will make a reasonable effort to contact the specimen donor and conduct an interview and review of his/her medical history and other relevant factors. The MRO will review all medical records made available by the donor when a positive, adulterated, or substituted test could have resulted from legally prescribed medication. The MRO may also arrange for a medical evaluation to determine if the individual has clinical signs of drug abuse that correlate with opiate abuse, except when 6-acetylmorphine is detected or when the morphine or codeine concentration exceeds 15,000 ng/mL. Only those laboratory-positive results that have no alternative medical explanation will be reported to the employer as positive. The MRO will be available to the COMPANY for consultation regarding the use of prescribed medications.
3. The MRO will furnish to the COMPANY a written report of the results of each test.
C. Record keeping. The MRO will maintain certain drug test records on behalf of the COMPANY. These records will include the laboratory reports, custody and control forms, and documentation of the MRO's evaluation for positive, adulterated, substituted, and invalid results. The MRO will maintain these records for at least 5 years for verified positive, adulterated, and substituted results and at least one year for other test results. If requested in writing, the MRO will maintain these records for longer periods.
D. Consultation and expert testimony. The MRO will be available for telephone consultation concerning drug test procedures and will provide expert testimony in drug test-related cases on an as-requested basis.
Section 2. Employer Responsibilities: The COMPANY will:
A. Provide the MRO with a copy of the COMPANY'S current drug abuse/drug testing policy and procedures; the name and phone number of a representative to assist with contacting individuals; and the name, phone number, and address of the designated employer representative to whom results should be reported.
B. Before performance begins, inform the MRO of applicable drug testing regulations, if any, and furnish the MRO with a copy of the MRO's responsibilities with regard to the COMPANY's Employee Assistance Program.
C. Assure that the means of receiving results from the MRO (e.g., fax transmissions) are secure and confidential and that individual drug test results will be maintained confidentially and will be disclosed only to individuals with a business need for the information or otherwise in accordance with law.
D. Assume responsibility for the performance of the collection site(s) and/or laboratory, if the COMPANY has contracted directly with these providers for services.
E. Be responsible for costs of split specimen analyses and other required additional tests performed on specimens.
F. Have sole responsibility for decisions about the employment, termination, retention, or disciplining of any employee. former employee, or applicant for employment.