TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BRANCH PILOTS

Proposed Regulation

Title of Regulation: 18VAC45-20. Board for Branch Pilots Regulations (amending 18VAC45-20-10 through 18VAC45-20-50).

Statutory Authority: § 54.1-902 of the Code of Virginia.

Public Hearing Information:

May 20, 2025 - 10:30 a.m. - Virginia Port Authority, Waterside Conference Room, 600 World Trade Center, Norfolk, VA 23510.

Public Comment Deadline: June 6, 2025.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Branch Pilots, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email branchpilots@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia grants to each regulatory board of the Department of Professional and Occupational Regulation the power and duty to levy and collect fees for the certification or licensure and renewal that are sufficient to cover all expenses for the administration and operation of the regulatory board and a proportionate share of the expenses of the department. Section 54.1-902 of the Code of Virginia enumerates the legal authority for the Board for Branch Pilots to administer the licensure program for branch pilots.

Purpose: The performance of branch pilot duties by those who lack sufficient expertise, competence, and integrity poses a risk to the public health, safety, and welfare. Risks include maritime incidents such as collisions and groundings, which can have significant economic consequences, including, in the case of ship groundings, (i) the costs of restoration of aquatic habitat; (ii) dredging a ship out of a waterway; (iii) costs to tug the grounded vessel; and (iv) labor hours and resources of federal, state, and local agencies to refloat a vessel; and, in the case of collisions, damage to bridges, ports, or equipment. In addition, there are also potential costs borne by shipping companies and the customers whose cargo, if any, are carried due to incidents. These include damage to vessels, lost cargo, and delayed loading or unloading of cargo. Moreover, incidents may result in personal injury to individuals or potential loss of life. The board protects the public health, safety, and welfare, in part, by establishing through regulation the minimum qualifications for entry into the profession.

Substance: The proposed amendments (i) remove an unnecessary requirement for applicants for a full branch pilot license to provide evidence of a satisfactory physical examination, including required chemical tests; (ii) update and reword provisions regarding U.S. Coast Guard licensure requirements for initial full branch pilot licensure and renewal of limited branch pilot and full branch pilot licenses; (iii) allow branch pilots who have a full pilot branch license for the branch of Sea to Wolf Trap to qualify for an extension of route for the waters of the Chesapeake Bay from Wolf Trap to Smith Point without requiring an additional Federal First Class Pilot endorsement; (iv) streamline provisions regarding prohibited acts, including eliminating duplicative prohibited acts and consolidating prohibited acts related to failure to comply with chemical testing requirements and performing piloting duties while impaired or under the influence of drugs or alcohol; and (v) provide that a licensee must ensure that the medical review officer performs the duties and responsibilities assigned by the regulation.

Issues: The primary advantages to the public and regulated community include providing clarification to provisions of the regulation, ensuring the regulation complements Virginia law and reflects current agency procedures, and reducing regulatory burdens by removing requirements that are not necessary to protect the health, safety, and welfare of the public. There are no identifiable disadvantages to the public or the Commonwealth. The proposed amendments are not anticipated to create any substantial disadvantages to the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Branch Pilots (board) proposes to (i) eliminate the requirement that applicants for a full branch pilot license provide evidence of a satisfactory physical examination, to include chemical tests, (ii) add a provision that would allow branch pilots who have a full branch pilot license for the branch of "Sea to Wolf Trap" to qualify for an extension of route for the waters of the Chesapeake Bay from "Wolf Trap to Smith Point," without requiring a Federal First Class Pilot endorsement for the extended route, and (iii) specify that the licensee shall ensure that the medical review officer (MRO) performs various duties.

Background. Branch pilots are responsible for the safe passage of ships in Virginia's major shipping lanes and waterways, which are referred to as branches. According to the Department of Professional and Occupational Regulation (DPOR), the performance of duties by branch pilots who lack sufficient expertise, competence, and integrity poses a risk to public health, safety, and welfare. Risks include maritime incidents, including collisions and groundings, which can have significant economic consequences. These include, in the case of ship groundings, the costs of restoration of aquatic habitat, dredging a ship out of a waterway, costs to tug the grounded vessel, labor hours and resources of federal, state, and local agencies to refloat a vessel; and, in the case of collisions, damage to bridges, ports, or equipment. In addition, there are also potential costs borne by shipping companies and the customers whose cargo, if any, are delayed due to incidents. These include damage to vessels, lost cargo, and delayed loading or unloading of cargo. Moreover, incidents may result in personal injury to individuals, or potential loss of life.

Physical Examinations and Chemical Tests: Under both the current and proposed regulations, in order to renew a limited branch pilot license or a full branch pilot license, among other requirements, the licensee must provide evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. If the branch pilot has not been subject to random chemical testing² during the preceding 24 months, then this examination shall include the chemical test. In the current regulation, an individual with a limited license who is applying for full license must also provide evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. The examination must include the chemical test whether or not the branch pilot has been subject to random chemical testing during the preceding 24 months. The board proposes to eliminate the examination requirement when limited branch pilots apply for full licensure. The board does not believe this would put the public at risk since the applicant has already been subject to annual physicals to renew their limited license and random testing for chemicals.

Chesapeake Bay from Wolf Trap to Smith Point: Branch pilot licenses are for specific waters. In order to extend a license to cover an additional branch, the licensee must satisfactorily complete 12 or more round trips with a currently licensed pilot of the branch for which the applicant seeks licensure, receive a First Class Pilot License endorsement issued by the U.S. Coast Guard for that additional area and pass a practical examination approved by the board and administered by the board examination committee. The board proposes to introduce an exception. Specifically, branch pilots who have a full branch license from Sea to Wolf Trap qualify to sit for a practical examination approved by the board and administered by the board's examination committee for the waters of Chesapeake Bay from Wolf Trap to Smith Point. Upon successful completion of the examination, the branch pilot obtains a full branch license from Wolf Trap to Smith Point and no Federal First Class Pilot endorsement is required. Thus, in this circumstance, 12 or more round trips with a currently licensed pilot of the branch and Federal First Class Pilot endorsement for this route would not be required. By eliminating the trips with current licensee for the branch requirement and also not requiring a Federal First Class Pilot endorsement for the route, DPOR believes some pilots may seek to extend their licensure to the Wolf Trap to Smith Point branch.

Medical Review Officer (MRO): Per the current regulation the medical review officer shall do a list of several duties, including that the MRO do the following: (i) be completely familiar with all duties of a Virginia pilot; (ii) receive, evaluate, and maintain records of all medications given to him by or on behalf of each Virginia pilot; (iii) receive, evaluate, and maintain a record of each random chemical test taken by a Virginia pilot; (iv) any time the MRO finds the presence of a drug, marijuana, or alcohol that may impair the safe discharge of any duty of a Virginia pilot such that he is unfit to perform those duties, report his written findings to the licensee and president or vice president of the board and to the board's administrator; (v) report in writing to the licensee, president, or vice-president of the board, and the board's administrator of any delay or refusal by a licensee in reporting to testing or being tested; (vi) to the extent consistent with state and federal law, protect the confidentiality of all licensee records; and (vii) judge fitness to safely perform duties in the context of the licensee's prescription medications and the licensee's available medical history. The Virginia Pilot Association, which consists of all licensed branch pilots,³ hires the MRO.⁴ Since the board does not have direct regulatory authority over the MRO, it proposes to amend the regulation to read that the licensee shall ensure the medical review officer fulfills duties.

Estimated Benefits and Costs: The proposal to eliminate the physical examination and chemical test requirements when limited branch pilots apply for full licensure would eliminate one physical examination and chemical test for such full licensure if they had not happened to already have such an examination and test within 60 days of application. This would save the applicant the time and cost of these activities. The applicant is responsible for obtaining the physical examination from the applicant's own physician and the chemical testing from an approved testing center. According to DPOR, there currently are no branch pilot licenses for Wolf Trap to Smith Point. The current requirement that the licensee seeking to extend licensure to cover an additional branch must satisfactorily complete 12 or more round trips with a currently licensed pilot of the branch for which the applicant seeks to extend their licensure thus cannot be done for Wolf Trap to Smith Point. With the proposed elimination of that requirement, the applicant would still need to display mastery for the branch by passing a practical examination approved by the board and administered by the board's examination committee for the waters of Chesapeake Bay from Wolf Trap to Smith Point. Not requiring the Federal First Class Pilot endorsement would save the pilot the initial $190 application fee and associated time costs, as well as the $95 renewal fee (and associated time costs) every five years.⁵ According to the agency, other than the fee paying and filling out associated forms, there are no other requirements to renew the Federal First Class Pilot endorsement that the branch pilots. To the extent that the proposed elimination to barriers for Wolf Trap to Smith Point licensure does encourage a pilot to obtain such licensure and serve the route, there may be some positive economic development. The impact of the proposal to state that the licensee shall ensure that the MRO performs MRO-required various duties is unclear. Individual pilots do not have control over the MRO. If the MRO failed to perform required duties properly, after perhaps a warning it seems likely that the Virginia Pilot Association would replace the MRO. It is not clear that the proposed change in the regulation would have any impact on the likelihood of that occurring.

Businesses and Other Entities Affected. The proposed amendments potentially pertain to the 39 full branch pilots and three or four limited branch pilots licensed in the Commonwealth, all of whom work for small businesses. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁶ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁷ Since there is no clear increase in net cost or reduction in net benefit for any entity, no adverse impact is indicated.

Small Businesses⁸ Affected.⁹ The proposed amendments do not appear to adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The route for the waters of the Chesapeake Bay from Wolf Trap to Smith Point goes by the Counties of Mathews, Middlesex, Lancaster, and Northumberland. The proposed amendments do not appear to affect costs for local governments.

Projected Impact on Employment. The proposed amendments are not likely to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposed reduction in barriers for Wolf Trap to Smith Point licensure may encourage one or more pilots to start serving that route. They likely would only do this if it increased the value of their businesses. The proposed amendments would not likely substantively affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² The chemical test is a comprehensive drug screen that includes testing for controlled substances in Schedules I through V of Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

³ Source: DPOR.

⁴ Ibid.

⁵ See https://www.dco.uscg.mil/Portals/9/NMC/pdfs/faq/fees_faq.pdf?ver=VLrPlNyU178Lhs9alQxVpw==&timestamp=1713898023460.

⁶ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁷ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁸ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board for Branch Pilots concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) eliminate the requirement that applicants for a full branch pilot license provide evidence of a satisfactory physical examination, to include chemical tests; (ii) add a provision that would allow branch pilots who have a full branch pilot license for the branch of Sea to Wolf Trap to qualify for an extension of route for the waters of the Chesapeake Bay from Wolf Trap to Smith Point, without requiring a Federal First Class Pilot endorsement for the extended route; and (iii) specify that the licensee shall ensure that the medical review officer performs various duties.

18VAC45-20-10. Initial licensing.

A. Any person wishing to obtain a license as a limited branch pilot shall meet the following qualifications:

1. Satisfactorily complete a two-year apprenticeship in a program approved by the board;

2. Satisfactorily complete a comprehensive examination which that shall be approved by the board and administered by the examining committee of the board. The examination shall be in two parts:

a. Written; and

b. Practical oral examination;

3. Comply with the board's regulations and Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 of the Code of Virginia;

4. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. This examination shall include the chemical tests referred to in 18VAC45-20-5;

5. Notify the board of any chronic or acute physical or mental condition; and

6. Pay a licensing fee of $60. Each check or money order shall be made payable to the Treasurer of Virginia. All fees shall be nonrefundable.

B. Any limited branch pilot wishing to obtain a full branch pilot license shall meet the following qualifications:

1. Satisfactorily complete a five-year apprenticeship in a program approved by the board;

2. Hold a limited branch pilot license in good standing;

3. Pass a practical examination approved by the board and administered by the board's examining committee;

4. Possess a valid unlimited Federal Inland Masters License credential with First Class Pilot endorsement issued by the United States U.S. Coast Guard, which shall include radar observer endorsement, for the same waters as his branch of the Commonwealth. Any such federal license acquired after January 1994 shall include an Automated Radar Plotting Aids (ARPA) radar certificate. A copy of this license credential shall be filed with the clerk of submitted to the board immediately;

5. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. This examination shall include the chemical tests referred to in 18VAC45-20-50;

6. 5. Qualify in accordance with § 54.1-905 of the Code of Virginia; and

7. 6. Pay a licensing fee of $60. Each check or money order is to be made payable to the Treasurer of Virginia. All fees shall be nonrefundable.

18VAC45-20-20. License renewal.

A. Each branch pilot seeking renewal of his license renewal shall complete a renewal application, comply with the provisions of this section, and appear before the board or its License Renewal Committee the board's license renewal committee, which shall determine if he the branch pilot possesses the qualifications to be renewed.

B. Any limited branch pilot seeking to renew his license renewal shall meet the following standards:

1. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. If the branch pilot has not been subject to random chemical testing during the preceding 24 months, then this examination shall include the chemical tests referred to in 18VAC45-20-50;

2. Furnish to the board evidence that he the branch pilot has transited the waters embraced by his the branch pilot's license during the preceding 12 months;

3. After three years of licensure as a limited branch pilot, possess a valid First Class Pilot License endorsement, with radar observer endorsement, issued by the United States U.S. Coast Guard for the same waters as his limited branch. Any such federal license acquired after January 1994 shall include an Automated Radar Plotting Aids (ARPA) radar certificate of the Commonwealth; and

4. Pay a license renewal fee of $60. Each check or money order is to be made payable to the Treasurer of Virginia. All fees shall be nonrefundable.

C. Any full branch pilot seeking to renew his license renewal shall meet the following standards:

1. Possess a valid unlimited Federal Inland Masters License credential with First Class Pilot endorsement, with radar observer endorsement, issued by the United States U.S. Coast Guard for the same waters as his branch; any such federal license renewed or acquired after January 1994 shall include an Automated Radar Plotting Aids (ARPA) radar certificate of the Commonwealth;

2. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. If the branch pilot has not been subject to random chemical testing during the preceding 24 months, then this examination shall include the chemical tests referred to in 18VAC45-20-50;

3. Furnish to the board evidence that he the branch pilot has transited the waters embraced by his the branch pilot's license during the preceding 12 months, and that he the branch pilot has piloted 12 or more ships during that time, at least six trips as a pilot within the first six months of the calendar year and six trips as a pilot within the last six months of the calendar year. Upon the showing of good cause, the board may waive the requirements of this subdivision when, in its judgment, the pilot is otherwise qualified;

4. Qualify in accordance with § 54.1-906 of the Code of Virginia; and

5. Pay a license renewal fee of $60. Each check or money order is to be made payable to the Treasurer of Virginia. All fees shall be nonrefundable.

18VAC45-20-30. Change of license.

In order to extend a license, an applicant shall satisfactorily complete 12 or more round trips with a currently licensed pilot of the branch for which the applicant seeks licensure, receive a First Class Pilot License endorsement issued by the United States U.S. Coast Guard, if applicable, for that additional area, and pass a practical examination approved by the board and administered by the board's Examination Committee examination committee.

Branch pilots who have a full branch license from Sea to Wolf Trap qualify to sit for a practical examination approved by the board and administered by the board's examination committee for the waters of Chesapeake Bay from Wolf Trap to Smith Point. Upon successful completion of the examination, the branch pilot obtains a full branch license from Wolf Trap to Smith Point and no additional Federal First Class Pilot endorsement is required.

18VAC45-20-40. Grounds for denial of licensure, denial of renewal, or discipline.

The board shall have the authority to deny initial licensure, deny an extension of license, or deny renewal as well as to discipline existing licensees, whether limited or not, for the following reasons:

1. a. Having been convicted or found guilty regardless of adjudication in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude or any alcohol-related or drug-related offense, there being no appeal pending therefrom or the time for appeal having elapsed.

b. Having been convicted or found guilty regardless of adjudication in any jurisdiction of the United States of any felony or a misdemeanor resulting from an arrest for any alcohol-related or drug-related offense, there being no appeal pending therefrom or the time for appeal having elapsed.

Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence of the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction;.

2. Failing to inform the board in writing within seven calendar days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor involving moral turpitude or any alcohol-related or drug-related offense;.

3. Failing to report to the board in writing any reports of the National Transportation Safety Board involving the licensee, or the results of any disciplinary action taken by the United States U.S. Coast Guard against the licensee within seven calendar days of that report or action;.

4. Refusing or in any other way failing to carry out an order from the pilot officers for reasons other than the public's public health, safety, or welfare;.

5. Negligence or misconduct in the performance of duties;.

6. Violating or cooperating with others in violating any provision of Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board;.

7. Failing to, as soon as possible under the circumstances, report to the pilot officers the licensee's finishing time and other required information relating to the particulars of the ship;

8. 7. Failing to file immediately file with the president or vice president of the board, with a copy to the board administrator, a complete written account of any violation of the statutes of Virginia or of the United States relating to pilotage or failing to report in writing to the president or vice president of the board, with a copy to the board administrator, an account of all collisions, groundings, or other maritime mishaps of any description that may occur during the discharge of the pilot's duties. This report shall be received no later than seven days after such an incident;.

9. 8. Failing to report to the board any physical or mental condition that may affect the licensee's ability to perform the duties of a pilot. Such reports shall be provided within seven calendar days of the onset of the condition;.

10. 9. Refusing to comply with the board's requirement for a chemical test. Such test is required immediately:

a. Immediately and no later than 12 hours after involvement in a collision, grounding, or other incident resulting in personal injury, death, environmental hazard, or property damage in excess of $100,000.;

b. In any instance in which the board has reasonable cause to believe there is evidence of impaired performance and a test is necessary to protect the public health, safety, or welfare; or

c. Under the provisions of 18VAC45-20-50.

Refusing to comply with this requirement of subdivisions 9 a or 9 b of this section may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia.

11. Refusing to comply with any board requirement for chemical tests in any instance in which the board has cause to believe a test is necessary to protect the public health, safety, or welfare. Refusing to comply with this requirement may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia;

12. 10. Failing to send proof of any test required by subdivision 10 or 11 9 of this section to the president or vice president of the board, with a copy to the board administrator, within 48 hours of the administration of the test;.

13. A positive finding as a result of, or on, any substance abuse or chemical test as a result of which 11. Reasonable cause by the board believes to believe there is a threat to the public health, safety, or welfare based on evidence of impaired performance or substance abuse or a positive chemical test. Such a finding may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia;.

14. Evidence of impaired performance in any instance in which the board believes there is a threat to the public health, safety, or welfare. Such a finding may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia;

15. 12. Performing or attempting to perform any of the duties of the licensee's office or job while under:

a. Under the influence of illegal drugs; 16. Performing or attempting to perform any of the duties of the licensee's office or job while under or

b. Under the influence of alcohol, marijuana, or any medication (controlled substance or otherwise) to the extent that the licensee was unfit for the performance of the duties or the licensee's office or job; and.

17. 13. Failing to comply with any of the provisions of 18VAC45-20-50.

18VAC45-20-50. Random chemical testing.

A. All Virginia licensed branch pilots shall be subject to the random chemical testing as set forth in this chapter. Random chemical testing shall be conducted at an annual selection rate of not less than 30% and not more than 100% of total licensees. Licensees shall be responsible for all costs associated with random chemical testing. The chemical test shall be a comprehensive drug screen acceptable to the board that includes testing for controlled substances in Schedules I through V of Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Only licensees on duty may be selected for random testing. A licensee selected for random chemical testing shall report for testing within two hours of notification. Failure to take a random chemical test is considered refusal to take the test.

B. Duties of licensee.

1. All licensees of this the board shall enroll and participate in a random chemical testing program that meets the criteria of this chapter.

2. An on-duty licensee selected for random chemical testing shall report for testing within two hours of notification that the licensee has been selected.

3. Licensees who receive a prescription for any medication from any health care provider shall have the following duties:

a. Give the health care provider a copy of the licensee's job description as a Virginia pilot;

b. Give the health care provider a complete list of medications used within the 30 days preceding the current visit;

c. Obtain a written statement from the health care provider stating if the new prescription is for a controlled substance (Schedules II through V of the Drug Control Act (§ 54.1-3400 of the Code of Virginia)) and obtain a written statement from the health care provider as to the licensee's fitness to safely perform the duties found in the job description; and

d. If prescribed any medication containing a Schedules II through V controlled substance that is to be used within 12 hours of being on duty, make certain the MRO received by hand delivery, email, or telefax each prescription written by any health care provider at the time such prescription is written along with a complete list of medications used by the licensee within the preceding 30 days.

C. The medical review officer licensee shall ensure that the MRO shall:

1. Be completely familiar with all duties of a Virginia pilot.

2. Receive, evaluate, and maintain records of all medications given to him the MRO by or on behalf of each Virginia pilot.

3. Receive, evaluate, and maintain a record of each random chemical test taken by a Virginia pilot.

4. Any time the MRO finds the presence of a drug, alcohol, or marijuana that may impair the safe discharge of any duty of a Virginia pilot such that the licensee is unfit to perform those duties, report the MRO's written findings to the licensee and president or vice president of the board and to the board's administrator.

5. Report in writing to the licensee, president or vice-president of the board, and the board's administrator of any delay or refusal by a licensee in reporting to testing or being tested.

6. To the extent consistent with state and federal law, protect the confidentiality of all licensee records.

7. Judge fitness to safely perform duties in the context of the licensee's prescription medications and the licensee's available medical history. Any time the MRO finds evidence that the Virginia pilot may be impaired in the safe discharge of any of the pilot's duties such that the pilot may be unfit to perform those duties, the MRO's written finding shall be reported to the licensee and president or vice president of the board and to the board's administrator.