ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 31149Medical program

submitted 21 years ago by Pub. L. 109-59 to r/title-49-TRANSPORTATION · 810 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary sets medical fitness standards for commercial drivers, advised by a Medical Review Board and a chief medical examiner. Drivers must hold a current medical certificate from an examiner listed on a national registry. The Secretary tracks examiner performance and can remove one from the registry, or void a certificate, for improper work.

(a) Medical Review Board — The Secretary of Transportation must set up a Medical Review Board to give the Federal Motor Carrier Safety Administration medical advice on standards for driver physical fitness, on training medical examiners, and on medical research. The Secretary appoints the five board members from medical institutions and private practice, choosing people whose specialties cover the medical issues that matter for driver fitness. (b) Chief Medical Examiner — The Secretary must appoint a chief medical examiner, who works for the Federal Motor Carrier Safety Administration. This person holds a special "specially qualified scientific and professional" position under section 3104 of title 5, and is paid under the senior-level pay rules in section 5376 of title 5. (c) Medical Standards and Requirements — (1) In general: With advice from the Board and the chief medical examiner, the Secretary must: set and update medical standards making sure drivers are physically fit to drive safely, and requirements for periodic physical exams, done by examiners who have at least self-certified they finished the required training and who are on a national registry; require every driver to hold a current, valid medical certificate; periodically check a sample of registry examiners to make sure they are examining drivers properly; and, within a year of the 2012 Commercial Motor Vehicle Safety Enhancement Act, set the rules an examiner must meet to join the registry — completing specific courses, being certified (at least by self-certifying, if that's needed to get enough examiners registered) that they finished required training including refresher courses, passing an exam, and agreeing to meet the reporting rules. Examiners must also send the chief medical examiner, electronically, once a month, the name, an ID number, and other details from every completed medical exam report; the Secretary must periodically review a sample of those reports for errors or improper certification; and the Secretary must check, every year, at least 10 states' handling of commercial driver's license medical paperwork, to see whether they submit and process exam reports and certificates accurately and on time. (2) Monitoring performance: The Secretary must investigate patterns of mistakes or improper certification by an examiner. If an examiner certified a driver who didn't actually meet the medical standards, or lied about completing the required training, the Secretary may drop that examiner from the registry and cancel the driver's certificate. (d) National Registry of Medical Examiners — Through the Federal Motor Carrier Safety Administration, the Secretary must keep a current national registry of qualified examiners; remove any examiner who no longer meets the qualifications or the rules of this section; treat as valid only medical certificates from examiners on that registry; and may make joining the registry voluntary if doing so would make driving safer. (e) Regulations — The Secretary must issue whatever regulations are needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a)Medical Review Board.—
(1)Establishment and function.—

The Secretary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research.

(2)Composition.—

The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The membership shall reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration.

(b)Chief Medical Examiner.—

The Secretary shall appoint a chief medical examiner who shall be an employee of the Federal Motor Carrier Safety Administration and who shall hold a position under section 3104 of title 5, United States Code, relating to employment of specially qualified scientific and professional personnel, and shall be paid under section 5376 of title 5, United States Code, relating to pay for certain senior-level positions.

(c)Medical Standards and Requirements.—
(1)In general.—

The Secretary, with the advice of the Medical Review Board and the chief medical examiner, shall—

(A)

establish, review, and revise—

(i)

medical standards for operators of commercial motor vehicles that will ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and

(ii)

requirements for periodic physical examinations of such operators performed by medical examiners who have, at a minimum, self-certified that they have completed training in physical and medical examination standards and are listed on a national registry maintained by the Department of Transportation;

(B)

require each such operator to have a current valid medical certificate;

(C)

conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of such operators are being conducted;

(D)

not later than 1 year after enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, develop requirements for a medical examiner to be listed in the national registry under this section, including—

(i)

the completion of specific courses and materials;

(ii)

certification, including, at a minimum, self-certification, if the Secretary determines that self-certification is necessary for sufficient participation in the national registry, to verify that a medical examiner completed specific training, including refresher courses, that the Secretary determines necessary to be listed in the national registry;

(iii)

an examination that requires a passing grade; and

(iv)

demonstration of a medical examiner’s willingness to meet the reporting requirements established by the Secretary;

(E)

require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a numerical identifier, and additional information contained on the medical examiner’s certificate for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, to the chief medical examiner;

(F)

periodically review a representative sample of the medical examination reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification; and

(G)

annually review the implementation of commercial driver’s license requirements by not fewer than 10 States to assess the accuracy, validity, and timeliness of—

(i)

the submission of physical examination reports and medical certificates to State licensing agencies; and

(ii)

the processing of the submissions by State licensing agencies.

(2)Monitoring performance.—

The Secretary shall investigate patterns of errors or improper certification by a medical examiner. If the Secretary finds that a medical examiner has issued a medical certificate to an operator of a commercial motor vehicle who fails to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination standards as required by this section, the Secretary may remove such medical examiner from the registry and may void the medical certificate of the applicant or holder.

(d)National Registry of Medical Examiners.—

The Secretary, acting through the Federal Motor Carrier Safety Administration—

(1)

shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations and issue medical certificates;

(2)

shall remove from the registry the name of any medical examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or regulation issued under this section;

(3)

shall accept as valid only medical certificates issued by persons on the national registry of medical examiners; and

(4)

may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of operators of commercial motor vehicles.

(e)Regulations.—

The Secretary shall issue such regulations as may be necessary to carry out this section.

Source credit: (Added Pub. L. 109–59, title IV, § 4116(a), Aug. 10, 2005, 119 Stat. 1726; amended Pub. L. 112–141, div. C, title II, § 32302(b), (c)(1), July 6, 2012, 126 Stat. 789.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-59 · 119 Stat. 1726
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 789

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 2005-08-10.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case