(a) A licensee or other entity in § 26.3(f), at its discretion, may establish, implement, and maintain a fitness-for-duty (FFD) program that satisfies the requirements of this subpart for those categories of individuals in § 26.4, as applicable, and any person licensed to operate under part 53 of this chapter. If a licensee or other entity in § 26.3(f) does not elect to implement an FFD program that satisfies the requirements of this subpart, then those categories of individuals in § 26.4, as applicable, and any person licensed to operate under part 53 of this chapter must be subject to an FFD program that satisfies all requirements under this part, except for those requirements in subpart K and this subpart.

(b) A licensee or other entity in § 26.3(f) that elects to implement an FFD program that satisfies the requirements of this subpart, and that demonstrates compliance with § 73.100(a)(1)(i) of this chapter, must establish, implement, and maintain an FFD program under § 26.605(a) or (b).

(c) A licensee or other entity in § 26.3(f) that elects to implement an FFD program that satisfies the requirements of this subpart and does not demonstrate compliance with § 73.100(a)(1)(i) of this chapter must establish, implement, and maintain an FFD program under § 26.605(a) and (b).