Comment on FR Doc # 2026-12989, NRC-2025-1303-0001, from Brownstone Psychological Associates

Comment on Proposed Rule Regarding Substance Abuse Expert (SAE) Qualifications I respectfully oppose the proposed revision that would automatically expand the list of professionals eligible to serve as Substance Abuse Experts (SAEs) by adding additional licensed professions, such as Marriage and Family Therapists. My concern is not with the qualifications or value of any particular profession, but rather with the premise that professional licensure alone is sufficient to establish competency to perform the highly specialized responsibilities of an SAE. The role of the SAE is unique and requires expertise that extends beyond general clinical practice. SAEs are responsible for evaluating individuals who have violated drug and alcohol regulations, determining appropriate education and treatment recommendations, assessing compliance, and ultimately making recommendations that have significant implications for public health and safety. In safety-sensitive industries, these determinations can directly affect whether an individual returns to work in a position where impairment could have catastrophic consequences. Competency to perform these evaluations is not determined solely by one's professional discipline. Rather, it is determined by specialized education, training, experience, and demonstrated knowledge of substance use disorders, regulatory requirements, assessment methodologies, and return-to-duty processes. Many licensed professionals, regardless of discipline, may possess this competency, while others within the same profession may not. Accordingly, I believe the NRC should move away from defining eligibility based primarily on professional licensure categories and instead establish competency-based standards. Eligibility should be based on whether an individual has the education, training, experience, and demonstrated competence necessary to perform SAE responsibilities effectively and consistently. A competency-based framework would better protect public safety, ensure greater consistency in evaluations, and allow qualified professionals from various disciplines to serve as SAEs only when they have acquired the specialized expertise required for this role. Such an approach is more closely aligned with the underlying purpose of the Fitness-for-Duty program, which is to ensure that individuals making these critical determinations possess the knowledge and skills necessary to do so competently. For these reasons, I recommend that the NRC reconsider expanding the list of eligible professions based solely on licensure and instead adopt qualification standards that emphasize demonstrated competency in Substance Abuse Expert practice.