| New CDL Medical Record Procedures
for States
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The following is the amended regulation from the
FMCSA regarding medical record keeping by states...
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§ 383.73 State procedures.
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(o) Medical record keeping.
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(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:
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(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: |
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(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. |
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(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expiring or a medical variance expiring or being rescinded, update the medical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.”
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(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.
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(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:
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| (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. |
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(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.
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(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.
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[76 FR 26883, May 9, 2011]
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Source: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.73
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