The Federal Motor Carrier Safety Administration (FMCSA) recently published a notice of proposed rulemaking (NPRM) titled "Extension of Compliance Date for States’ Query of the Drug and Alcohol Clearinghouse."

This NPRM does not change the mandatory use of the Clearinghouse, due to begin on January 6, 2020, for drivers, employers, consortia/third-party administrators (C/TPAs), medical review officers (MROs), and substance abuse professionals (SAPs).

Clearinghouse will be fully operational January 6, 2020.

Drivers will be able to view their own information and provide consent; employers and their designated C/TPAs will be able to query drivers and record information; and MROs and SAPs will be able to record information, in the Clearinghouse.

What does the NPRM propose?

In the NPRM, FMCSA proposes to extend the compliance date for the requirement established by the Clearinghouse final rule that State Driver Licensing Agencies (SDLAs) query the Clearinghouse before completing certain commercial driver’s license transactions. The SDLAs mandatory compliance with this requirement would be delayed until January 6, 2023. The NPRM proposal would, however, allow SDLAs the option to voluntarily request Clearinghouse information beginning on January 6, 2020.