Owner Operators - The Grapevine

Archives

Drivers who need a medical exam in the future may first have to turn to a national database of approved doctors if a proposed new rule takes effect.

The FMCSA has proposed the creation of a "National Registry of Certified Medical Examiners" to ensure that drivers' physical exams are only performed by qualified doctors in a consistent manner. In the opinion of this writer, it's about time. I say this because I have personally, shall we say, brought to the attention of the FMCSA two doctors who did things questionably and have since been alleviated of their affiliation with the trucking industry.

If finalized, the proposed rule would require eligible medical examiners to be trained by an accredited training provider and pass a test before being placed on the Registry. Drivers and motor carriers would have to refer to the Registry (via telephone or the internet) to find a qualified medical examiner, and examiners would need periodic refresher training and testing to remain on the list. I can see that the day of the $25.00 exam will be long gone because of the additional training.

Under 49 CFR Part 391, all interstate commercial motor vehicle drivers must undergo a medical exam at least every two years, but current rules do not provide much detail on who can provide the exams. The result is inconsistency and, at times, incompetence.

In 2005, a survey in Indiana found mistakes on 29 percent of all examination reports collected. This writer agrees with the FMCSA that the enhancement of the knowledge and capabilities of medical examiners would have a clear and direct positive impact on both the safety of CMV operations and on driver health.

Interest in certifying medical examiners dates back more than 30 years, but it took an act of Congress in 2005 to require development of the proposed rule which, by Congressional deadline, is already more than two years late.

The FMCSA is proposing to phase in the rule over a three-year period. Beginning two years after the rule takes effect, drivers who work for motor carriers that employ 50 or more drivers would have to have all future medical exams performed by registered examiners. Employees of smaller companies would have an additional year to comply.

A major concern regarding the Registry is its potential effect on drivers for smaller companies in rural areas who may be unable to find a qualified examiner. The FMCSA has acknowledged the concern and is asking for public input on ways to make sure examiners are accessible in rural areas and in areas where the demand for certification may be low.

The FMCSA estimates that the proposed rule applies directly to approximately 4.4 million active interstate commercial drivers. The agency says about 40,000 certified medical examiners should be enough to perform the estimated 3 million driver medical exams per year, with each examiner conducting an average of 75 exams per year.

Although medical examiners will have to pay for training and testing, the FMCSA says the largest cost of the new rule would fall to drivers and motor carriers. The estimated 44,000 drivers who are screened out of the occupation due to medical issues will lose income, and motor carriers will be forced to replace those drivers at an estimated cost of $1,600 per driver.

Other costs to the industry are expected to be low once the program is running, Information for drivers, employers, and medical examiners about the Registry program would be available primarily through a free website such as NTA's, although a resource center with a toll-free phone number would also be available. On the website, drivers and employers could find the names and addresses of certified medial examiners.

The proposed rule would require that all medical examiners complete training within three years after the rule takes effect. Training would be conducted by an accredited private-sector training provider such as NTA. The FMCSA would develop the core curriculum and administrative requirements and provide these to the training providers. The length of the training would vary among providers, but the agency projects that it would take just one day to teach the core curriculum. The training delivery method could vary among providers and include self-paced, on-line training, the traditional classroom model, or a combination of both methods.

The agency anticipates providing periodic, internet-based retraining at no charge to the examiner, but examiners would have to repeat the complete initial training program at least once every 12 years, paid for by the examiner.

In addition to passing the initial certification test, examiners would be required to pass the test again every six years.

The proposed rule would also;

• Require examiners to electronically transmit to FMCSA the name and ID number for each driver who is examined
• Require examiners to send copies of drivers' medical exam reports to FMCSA within 48 hours of request. The agency says it may use the reports to audit examiners performance
• Revise the medical card by adding a field for the doctor's "National Registry ID Number"
• Establish procedures for removing examiners from the Registry

The rule will not change the list of professionals qualified to perform medical exams, including medical doctors,
doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

NTA, Inc. is available to members only. If you're not a member, join now. The NTA, Inc. is a nationwide association established to provide services, benefits and information to private fleets, trucking companies and owner-operators. We are the only association that provides our members with more FREE services and benefits than any other. For more information or details call (562) 630-7637 in California or 800 805-0040 toll free. You can e-mail me at wayne@ntassoc.com.