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$382.605 <br /> sional determines that return-to-duty and follow-up or in which the substance abuse professional has a <br /> testing for both alcohol and controlled substances is financial interest. This paragraph does not prohibit <br /> necessary for that particular driver. Follow-up test- a substance abuse professional from referring a driver <br /> ing shall not exceed 60 months from the date of the for assistance provided through— <br /> driver's return to duty. The substance abuse profes- (1) A public agency, such as a State, county, or <br /> sional may terminate the requirement for follow-up municipality; <br /> testing at any time after the first six tests have been (2) The employer or a person under contract to <br /> administered, if the substance abuse professional provide treatment for alcohol or controlled substance <br /> determines that such testing is no longer necessary. problems on behalf of the employer; <br /> (d)Evaluation and rehabilitation may be provided (3)The sole source of therapeutically appropriate <br /> by the employer, by a substance abuse professional treatment under the driver's health insurance pro- <br /> under contract with the employer,or by a substance gram;or <br /> abuse professional not affiliated with the employer. (4)The sole source of therapeutically appropriate <br /> The choice of substance abuse professional and as- treatment reasonably accessible to the driver. <br /> signment of costs shall be made in accordance with (f)The requirements of this section with respect to <br /> employer/driver agreements and employer policies. referral,evaluation and rehabilitation do not apply to <br /> (e) The employer shall ensure that a substance applicants who refuse to submit to a pre-employment <br /> abuse professional who determines that a driver re- alcohol or controlled substances test or who have a <br /> quires assistance in resolving problems with alcohol pre-employment alcohol test with a result indicating <br /> misuse or controlled substances use does not refer the an alcohol concentration of 0.04 or greater or a con- <br /> driver to the substance abuse professional's private trolled substances test with a verified positive test <br /> practice or to a person or organization from which the result. <br /> substance abuse professional receives remuneration <br /> r <br /> 20 <br />