Today the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids (hydrocodone, hydromorphone, oxymorphone and oxycodone) to its drug testing panel. DOT also proposes to add methylenedioxyamphetamine (MDA) as an initial test analyte, and remove methylenedioxyethylamphetamine, (MDEA) as a confirmatory test analyte.

DOT explained that it will maintain the current five-panel test, but will change the name of the opiates category to “opioids” and will include the four new synthetic opioid drugs.

DOT also proposes to:

• add a new provision indicating that only urine specimens are authorized to be used for drug testing under 49 CFR Part 40;

• revise an existing provision to describe the procedure for discarding an original urine specimen under certain circumstances;

• adding three new “fatal flaws” to the existing list of four “fatal flaws” currently found in Part 40;

• remove Part 40 provisions requiring blind specimen testing;

• add emphasis to an existing Part 40 provision prohibiting DNA testing of urine specimens;

• add clarification of the term “prescription” during MRO review;

• remove, modify and add some definitions to clarify the program and make it consistent with the DHHS Mandatory Guidelines, among other things.

The proposed revision of the drug testing panel is intended to harmonize with the revised Mandatory Guidelines established by the U.S. Department of Health and Human Services for federal drug testing programs for urine testing, issued on January 23, 2017.  DHHS has set an effective date of October 1, 2017 for compliance with its final revision.

DOT will accept comments to the notice of proposed rulemaking until March 24, 2017. Comments may be submitted by e-mail to http://www.regulations.gov.