49 CFR 40.297 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 1.1 To Appendix To Subtitle A) — Office Of The Secretary Of Transportation (§ 1.1 To Appendix To Subtitle A) — Procedures For Transportation Workplace Drug And Alcohol Testing Programs (§ 40.1 To Appendix H To Part 40) — Substance Abuse Professionals And The Return-To-Duty Process (§ 40.281 To § 40.313) — Does anyone have the authority to change a SAP's initial evaluation?

(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's recommendation by changing the SAP's evaluation or seeking another SAP's evaluation.

(b) The SAP who made the initial evaluation may modify his or her initial evaluation and recommendations based on new or additional information (e.g., from an education or treatment program).