(a)
(1)
(2)
(b)
(c)
(1)
(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 the name of the applicant and numerical identifier, as determined by the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, electronically to the chief medical examiner on monthly basis; and
(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.
(2)
(d)
(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)
(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.)
Pub. L. 112–141, div. C, title II, §32302(c)(1), (2)(B), July 6, 2012, 126 Stat. 789, provided that, effective on the date the oversight policies and procedures are established pursuant to section 32302(c)(2)(A) of Pub. L. 112–141 (set out as a note below), subsection (c)(1) of this section is amended as follows:
(1) by amending subparagraph (E) to read as follows:
"(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;";
(2) in subparagraph (F), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
(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.
See 2012 Amendment notes below.
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