Section 217.30 - Board-Initiated Fitness Determination(a) If the Board or Board staff obtains information from a source other than a Board-appointed physician that provides a reasonable basis for concluding that a pilot or pilot trainee may have become unfit to perform the duties of a pilot or pilot trainee, the Board or the Executive Director shall refer the matter to the Medical Review Officer for evaluation by an examining physician in accordance with Section 217.25(a). The referral shall be in writing and shall set forth in detail the information that led to the referral. The Executive Director may order the pilot or pilot trainee to cease performing pilot or pilot trainee duties until the pilot or pilot trainee is determined FFD.(b) A pilot whose license has been temporarily suspended by the Board in accordance with Section 1180 of the Code due to issues of fitness to perform the duties of a pilot shall submit to a fitness evaluation within the period of the suspension.(c) A pilot's or pilot trainee's failure to submit to a fitness evaluation required under either subsection (a) or (b) may be considered by the Board as evidence sufficient to warrant a finding that the pilot or pilot trainee is NFFD.(d) The Executive Director or the Medical Review Officer may direct that the fitness evaluation required by this section be performed by a specific examining physician.(e) Upon being notified that a pilot or trainee has undergone post-incident drug and alcohol tests, the Board shall direct a request to a Board-appointed physician for review and response concerning the test results. For this purpose, the Board shall use the Notice of Post-Incident Drug Test (Version September 24, 2020), hereby incorporated by reference. The form shall provide for a response by the examining physician that indicates whether the test results were positive for any of the drugs referenced in Section 217.15(e) or indicated a blood-alcohol concentration of more than 0.0 percent. If so, the physician shall complete the form by requesting the Executive Director to refer the pilot or trainee to the Medical Review Officer under subsection (a).Cal. Code Regs. Tit. 7, § 217.30
1. New section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
2. Amendment of section heading and section filed 7-29-2021; operative 10-1-2021 (Register 2021, No. 31). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101, 1141, 1157, 1157.1, 1157.2, 1157.3, 1157.4, 1171, 1171.5, 1176, 1176.5, 1180, 1181, 1182 and 1183, Harbors and Navigation Code.
1. New section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
2. Amendment of section heading and section filed 7-29-2021; operative 10/1/2021 (Register 2021, No. 31). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.