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New CDL Medical Record Procedures for States
The following is the amended regulation from the FMCSA regarding medical record keeping by states...
§ 383.73 State procedures.
(o) Medical record keeping. 
(1) Status of CDL holder. Beginning January 30, 2012, for each operator of a commercial motor vehicle required to have a CLP or CDL, the current licensing State must:
(i) Post the driver's self-certification of type of driving under §383.71(b)(1)(ii),
(ii) Retain the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification for 3 years beyond the date the certificate was issued, and
(iii) Post the information from the medical examiner's certificate within 10 calendar days to the CDLIS driver record, including:
(A) Medical examiner's name;
(B) Medical examiner's telephone number;
(C) Date of medical examiner's certificate issuance;
(D) Medical examiner's license number and the State that issued it;
(E) Medical examiner's National Registry identification number (if the National Registry of Medical Examiners, mandated by 49 U.S.C. 31149(d), requires one);
(F) The indicator of medical certification status, i.e., “certified” or “not-certified”;
(G) Expiration date of the medical examiner's certificate;
(H) Existence of any medical variance on the medical certificate, such as an exemption, Skill Performance Evaluation (SPE) certification, or grandfather provisions;
(I) Any restrictions (e.g., corrective lenses, hearing aid, required to have possession of an exemption letter or SPE certificate while on-duty, etc.); and
(J) Date the medical examiner's certificate information was posted to the CDLIS driver record.
(2) Status update. Beginning January 30, 2012, the State must, within 10 calendar days of the driver's medical certification status expiring or a medical variance expiring or being rescinded, update the medical certification status of that driver as “not-certified.”
(3) Variance update. Beginning January 30, 2012, within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the medical variance information provided by FMCSA.
(4) Downgrade. (i) Beginning January 30, 2012, if a driver's medical certification or medical variance expires, or FMCSA notifies the State that a medical variance was removed or rescinded, the State must:
(A) Notify the CLP or CDL holder of his/her CLP or CDL “not-certified” medical certification status and that the CMV privileges will be removed from the CLP or CDL unless the driver submits a current medical certificate and/or medical variance, or changes his/her self-certification to driving only in excepted or intrastate commerce (if permitted by the State);
(B) Initiate established State procedures for downgrading the CLP or CDL. The CLP or CDL downgrade must be completed and recorded within 60 days of the driver's medical certification status becoming “not-certified” to operate a CMV.
(ii) Beginning January 30, 2014, if a driver fails to provide the State with the certification contained in §383.71(b)(1)(ii), or a current medical examiner's certificate if the driver self-certifies according to §383.71(b)(1)(ii)(A) that he/she is operating in non-excepted interstate commerce as required by §383.71(h), the State must mark that CDLIS driver record as “not-certified” and initiate a CLP or CDL downgrade following State procedures in accordance with paragraph (o)(4)(i)(B) of this section.
(5) FMCSA Medical Programs is designated as the keeper of the list of State contacts for receiving medical variance information from FMCSA. Beginning January 30, 2012, States are responsible for insuring their medical variance contact information is always up-to-date with FMCSA's Medical Programs.
[76 FR 26883, May 9, 2011]


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