FIRST.. Who Can Be a Medical Review Officer?
To become a Medical Review Officer (MRO), a candidate must be a licensed physician. The path to certification involves completing MRO-approved training and passing a comprehensive examination. Upon successful completion, the physician is awarded an MRO Certificate, qualifying them to serve as a Medical Review Officer. Certification is provided by either the Medical Review Officer Certification Council (MROCC) or the American Association of Medical Review Officers (AAMRO). Approved training courses are offered by AAMRO, the American College of Occupational and Environmental Medicine (ACOEM), and the American Osteopathic College of Occupational and Preventive Medicine (AOCOPM).
MRO Certification must be renewed every five years. The recertification process is as rigorous as the initial certification, requiring physicians to complete updated retraining and pass a recertification examination to maintain their credentials.
– An employer shall designate or appoint a Medical Review Officer (MRO) who shall be qualified in accordance with federal guidelines and shall perform the functions outlined in the manual rules. If the employer does not have a qualified individual on staff to serve as MRO, the employer may contract for the provision of MRO services as part of its drug testing program.
A Medical Review Officer (MRO) is highly qualified, and often preferred, to provide expert opinions in cases where drug testing is conducted in association with alleged criminal activities.
Commission of a Crime: An MRO may be called upon to testify when drug testing indicates that an alleged perpetrator was under the influence of medication or illicit drugs. This includes criminal charges related to the illegal use or distribution of drugs. An MRO’s training includes evaluating the accuracy of drug tests, specifically the rates of false positives and negatives, and presenting these findings to the court. Collateral charges, such as drug possession, distribution, or smuggling, may also necessitate drug testing. Additionally, individuals alleged to be accessories to the crime might be subjected to testing.
DUI (Driving Under the Influence): When a driver is suspected of DUI, field sobriety tests or officer observations may warrant lab tests to confirm the presence of drugs or alcohol. If charges have not yet been filed, drug testing can only proceed with the individual’s consent.
Victim Testing: In cases of reported rape where the victim may have been drugged, police protocols typically mandate laboratory testing. Drug-Facilitated Sexual Assault, where perpetrators use substances like GHB or other date-rape drugs to incapacitate victims, requires thorough testing and analysis.
Competency to Stand Trial: Voluntary drug use does not inherently render someone incompetent to stand trial. However, an MRO can review laboratory results and provide expert analysis of the findings.
NGRI (Not Guilty by Reason of Insanity): Claims of insanity associated with drug use (but not caused by drug use) are typically addressed by a forensic psychiatrist. An MRO can enhance these evaluations by interpreting drug test results, providing deeper insights into the case.
Drugs and “Insanity”: Certain drugs can induce or exacerbate psychosis, including hallucinations and delusions. For example, a person with schizophrenia who experiences “command hallucinations” due to drug use might feel compelled to commit a crime. An MRO can help determine where intoxication ends and psychosis begins, though voluntary intoxication alone does not qualify for an insanity defense. An MRO reviews drug test results from the time of the charge to provide clarity on the individual’s state.
Probation Status: Routine drug testing is often a condition of probation. Failing a drug test can lead to changes in probation status or a return to prison. An MRO plays a crucial role in monitoring and interpreting these test results to ensure compliance.