What Can SAPs Share with Employers Between Evaluations? Let’s Clear It Up

If you’re a Substance Abuse Professional (SAP) working with safety-sensitive employees, you’ve probably been asked this question by a Designated Employer Representative (DER):
“Can you give us an update while the employee is still in treatment?”

It’s a fair question—but the answer is rooted in strict DOT confidentiality rules. Let’s walk through what you can and can’t share, and why it matters.

What the Regulations Say

According to 49 CFR Part 40.311, SAPs are only authorized to share specific written reports with the employer:

1. The initial SAP evaluation report
2. The follow-up evaluation report (after treatment is completed)
   
   

These reports include:

1. The employee’s name and ID
2. The reason for the assessment
3. Dates and format of evaluations
4. Treatment recommendations
5. Clinical determination of compliance
6. Follow-up testing plan

That’s it. No other clinical details should be shared outside of these reports.

What You Can’t Share Between Reports

Even if there’s a long gap between the initial and follow-up evaluations, SAPs cannot share:

1. Clinical updates or progress notes
2. Anticipated return-to-duty dates
3. Anticipated follow-up assessment dates
4. Any changes in treatment level or duration
   
   

This is protected clinical information, and sharing it could violate DOT confidentiality rules or create unrealistic expectations for the employer.

How to Respond When Employers Ask for Updates

If a DER asks for an update during treatment, here’s a compliant and professional response:

“We continue to monitor the employee’s progress in treatment. The level or length of care may change based on clinical needs. I’ll provide a follow-up report once the employee has completed the required treatment and is ready for re-evaluation.”

This keeps the employer informed without crossing any regulatory lines.

Bottom Line

SAPs are not case managers for the employer—they are clinical evaluators working within a federally regulated process. The only information that can be shared with the employer is what’s included in the official SAP reports.

So if there’s a gap between evaluations, stay the course, protect confidentiality, and let the process unfold as it should.

‍