2. A written verification from the individual's physician verifying a valid prescription. Individuals are not entitled, however, to present evidence to the MRO in a trial-type administrative proceeding, although the MRO has the discretion to accept evidence in any manner the MRO deems most efficient or necessary. If the MRO determines there is no justification for the positive result, such result will then be considered a verified positive test result. The MRO shall immediately contact the DPC, upon obtaining a verified positive test result. E. Employee Counseling and Assistance While participating in a counseling or rehabilitation program, and at the request of the program, the employee may be exempted from the random testing pool for a period not to exceed sixty (60) days, or for a time period specified in an abeyance contract or rehabilitation plan approved by the appropriate Function Head. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to Section XII.C. of this Plan. F. Savings Clause To the extent that any of the procedures specified in this section are inconsistent with any of those specified in the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by HHS, or any subsequent amendment thereto, such guidelines or amendment shall supersede the procedures specified in this section, but only to the extent of the inconsistency. XIV. RECORDS AND REPORTS A. Confidentiality of Test Results The laboratory may disclose laboratory test results only to the MRO or the staff of the MRO. Any positive result that the MRO justifies by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, 5 U.S.C. § 552a, et seq. and section 503(e) of the Act, and may not be released in violation of either statute. The MRO may maintain only those records necessary for compliance with this Plan. Any records of the MRO, including drug test results, may be released to an appropriate management official for purposes of auditing the activities of the MRO, except that the disclosure of the results of any audit may not include personal identifying information on any employee.
2. A written verification from the individual's physician verifying a valid prescription. Individuals are not entitled, however, to present evidence to the MRO in a trial-type administrative proceeding, although the MRO has the discretion to accept evidence in any manner the MRO deems most efficient or necessary. If the MRO determines there is no justification for the positive result, such result will then be considered a verified positive test result. The MRO shall immediately contact the DPC, upon obtaining a verified positive test result. E. Employee Counseling and Assistance While participating in a counseling or rehabilitation program, and at the request of the program, the employee may be exempted from the random testing pool for a period not to exceed sixty (60) days, or for a time period specified in an abeyance contract or rehabilitation plan approved by the appropriate Function Head. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to Section XII.C. of this Plan. F. Savings Clause To the extent that any of the procedures specified in this section are inconsistent with any of those specified in the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by HHS, or any subsequent amendment thereto, such guidelines or amendment shall supersede the procedures specified in this section, but only to the extent of the inconsistency. XIV. RECORDS AND REPORTS A. Confidentiality of Test Results The laboratory may disclose laboratory test results only to the MRO or the staff of the MRO. Any positive result that the MRO justifies by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, 5 U.S.C. § 552a, et seq. and section 503(e) of the Act, and may not be released in violation of either statute. The MRO may maintain only those records necessary for compliance with this Plan. Any records of the MRO, including drug test results, may be released to an appropriate management official for purposes of auditing the activities of the MRO, except that the disclosure of the results of any audit may not include personal identifying information on any employee.