The rule
The Drug & Alcohol Clearinghouse-II final rule (the second phase of FMCSA's 2020 Clearinghouse rollout) (86 FR 55718, October 7, 2021) has a compliance date of November 18, 2024.
Practical effect: when a CDL driver enters "prohibited" status in the Clearinghouse - typically after a positive drug test, alcohol violation, or refusal to test - FMCSA notifies the driver's state of licensure, and the state must remove the CLP or CDL privilege from the license, completing and recording the downgrade on the CDLIS driver record within 60 days (49 CFR 383.73(q)). The driver cannot operate a CMV until they complete the return-to-duty (RTD) process and are returned to "not-prohibited" status.
Why this matters
Prior to Clearinghouse-II, a driver in prohibited status could continue holding a valid CDL on paper - even if no employer should be dispatching them. Some drivers operated for unsuspecting carriers in prohibited status because the carrier failed to run the pre-employment query (a §382.701 violation in itself).
Now the state CDL is the enforcement mechanism. A driver who fails a drug test cannot legally hold a CDL after the state CDLIS notification triggers the downgrade. The roadside inspector at the next stop sees the non-CDL license and the driver is cited for operating without proper credential.
What employers still owe
The employer's §382.701 obligations did not change. You still run a pre-employment FULL query before first dispatch. You still query the Clearinghouse at least once a year for every driver subject to testing (a limited query with the driver's consent satisfies this). Employers still report alcohol results of 0.04 or higher, refusals, and actual-knowledge violations by the close of the third business day under §382.705; verified positive drug results are reported by the MRO within 2 business days.
What did change: an employer who misses the pre-employment query and uses a prohibited driver whose CDL has been downgraded also faces a no-license violation - 49 CFR 383.37 bars employers from using a driver who does not have a current CDL - on top of the §382.701 query violation.
Source: 49 CFR 382.701, Drug and Alcohol Clearinghouse queries (eCFR): https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-G/section-382.701
Owner-operator implications
Owner-operators are simultaneously employer AND driver. Under §382.705(b)(6), an employer who employs himself or herself as a driver must designate a consortium / third-party administrator (C/TPA) to handle the employer reporting requirements for his or her own violations. The §382.701 query requirements still apply, so make sure your queries are being run.