1. Select from a list which positive drugs require MRO review. 2. Select from a list the actions a commander must take on an identified illegal substance.

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Presentation transcript:

1. Select from a list which positive drugs require MRO review. 2. Select from a list the actions a commander must take on an identified illegal substance abuser. BackNext Positive Specimen Results Enabling Learning Objectives

Positive Results Note: For the purpose of this block of instruction the IBTC may be a National Guard State Program Manager/ADCO, MACOM ADCO, or Reserve command ADCO.  The IBTC will receive the positive results from the FTDTL web portal. Note: The electronic results from the DoD web portal along with the IBTC’s suspense copy of the DD Form 2624 are sufficient for administrative action and non-judicial punishment.

Positive Results  The IBTC will notify the commander or rear detachment commander of the positive result.  The commander will be called with the information that he/she has a positive result to pick up at the ASAP (Note: some results are sent to the commander by certified mail or FedEx). If the commander is not available, a designated person may pick up the result. This designation must be included in the installation SOP.

Positive Results  Once the commander receives a positive result, he/she will need to initiate some actions. The actions the commander initiates will depend on which drug the Soldier tested positive for.  Certain drugs that are tested for can be positive because of prescription medication. Soldiers that test positive for these drugs must have their medical records reviewed and possibly be interviewed by a Medical Review Officer (MRO) prior to any actions being taken against them.

MRO’s Responsibilities:  The MRO will:  Make a medical determination of whether the Soldier was legally using prescription medication or if the Soldier was using drugs illegally.  Complete and forward a copy of the SF 513 to the commander, and the ASAP.  Maintain a copy of the SF 513 for his/her files.

Positives that require MRO review DRUG MRO Review? THC, Cocaine, LSD & PCPNO Amphetamines - Amphetamines & MethamphetaminesYES - MDMA (Ecstasy), MDEA, MDANO Opiates - Codeine & MorphineYES - 6 MAM (heroin) NO Barbiturates (prior to testing that ended Jun 05) - Phenobarbital, Butalbital, & SecobarbitalYES Synthetic Opiates (when testing begins) - Oxycodone, Oxymorphone YES Positive Results

Commander’s Responsibilities:  The commander must ensure Soldiers who test positive for a drug that requires MRO review are seen by the MRO as soon as possible.  The commander cannot take any unfavorable action against the Soldier prior to the MRO’s determination.  The commander may, however, temporarily limit a Soldiers access to classified material or remove them from certain duties. These are unit level decisions and are preventive measures until the MRO makes a determination.

Commander’s Responsibilities:  The responsibilities of the commander are outlined in the chart on the next page.  If the MRO determines the positive drug test was due to legitimate use of a prescription drug, then no action is taken against the Soldier and any temporary restrictions applied at the unit are lifted.  If the MRO determines there is no legitimate medical use then the Soldier is treated the same as any other illegal substance abuser.

COMMANDER WILL 1. Consult with law enforcement 2. Initiate flag 3. If no law enforcement investigation, advise Soldier of UCMJ article 31 rights a. If Soldier remains silent or requests a lawyer STOP- conduct commander’s inquiry WITHOUT questioning Soldier. See AR Paragraph 3-7a(3). b. If Soldier waives rights then: (1) Show evidence to Soldier (2) Request contraband (3) Request statement (4) Complete commander’s inquiry. See R.C.M Refer to Soldier to the ASAP 5. Consider UCMJ or other adverse action. See R.C.M Initiate discharge - see AR , Chapters 9 and 14 Make appointment for Soldier to see MRO RETURN SOLDIER TO DUTY YES NO MRO makes determination; Legitimate use? Commander’s Actions on a Positive Drug test Does drug require MRO review as determined by USAMEDCOM ? ILLEGAL DRUG USE NO

Commander’s Responsibilities:  All illegal substance abusers will be screened by the clinical ASAP to determine the need for rehabilitation.  All illegal substance abusers E-1 and above will have a discharge initiated on them. This doesn’t mean that they will be discharged, but that the commander must initiate the paperwork and forward it to the appropriate authority.

Special Notes NOTE: The use of someone else's prescription medication to include a spouses is considered illegal use. NOTE: AR paragraph 1-35d. States “the ingestion of hemp seed oil or products made with hemp seed oil is prohibited.” Failure to comply is a violation of Article 92, UCMJ.