Question on failed DOT physical

He can get a 2nd opinion. If that clinic did in fact enter that physical in the database the driver has a problem. You MUST tell the 2nd examiner about the 1st physical failure. To do otherwise puts the 2nd physical in jeopardy if the FMCSA sees it later.

 

Explain this please.

 

Since Ridgeline brought it up. There are exceptions to HIPAA, regulatory compliance is one such exception. In this case, the governing regulations can be found in 391.43.

This regulation REQUIRES the ME to report to the FMCSA and they in turn will report physical status to the CDLIS.

According to my copy of the medical examiner's handbook, a 3-month physical should have been given to the driver.

 

Plus, regarding hippa. I've yet to ever see a physical given that doesn't have a medical release form attached to it. Just in case it's required.

 

I know. Sometimes it is difficult to get some hotheads to understand this. This applies to almost every industry that is heavily regulated. The Airlines, the Railroad, as well as Trucking. A while back I had a friend pick me up for a medical appointment. He is the VP in charge of operations for his company. After I got finished we drove to the company offices. They had a driver position open. This driver we were discussing was confused about why he had to sign release forms. Wanted an overnight to think about it. All of the printouts from the website where he filled out his application went out with that night's trash. Even if HIPAA and other privacy rules applied you still would not be able to get past the investigations required by part 391 without a signed release. You also would not be able to legally drive a CDL-required CMV until the ME had a release to give the physical information to the FMCSA and by extension the CDLIS.

 

The most-recent physical more or less cancels his physical exam that was running out. The Dr's office has a period of time by which they are required to report every DOT physical exam to the state. Once the state is notified the driver has some number of days to report it and self-certify the physical to the state. If your friend doesn't report and self-certify during that time the state will eventually downgrade his CDL to passenger car license. Even after his CDL is downgraded he has a few days to submit & self-certify and his CDL will be reinstated.

You can no longer "carry around" 2 different DOT medical exams. Your old one, in some sense, expires when you get the 2nd one. Ask me how I know. That is how it works in my state.

 

The clinic is required to report each DOT phyical exam within some time period after the exam. I'm sure that time period is less than 30 days. Once it is reported to the state, the state's countdown clock for driver to report and self-certify begins. At the end of that countdown clock the state either notfies the driver he has a few days to report the exam & self cert or the state notifies the driver his CDL is downgraded.

 

Actually according to 391.43(g)(5)(i)(b) the ME is supposed to transmit finished physicals the next calendar day.

Beginning June 22, 2018 by midnight (local time) of the next calendar day after the medical examiner completes a medical examination for any driver who is required to be examined by a medical examiner listed on the National Registry of Certified Medical Examiners, the medical examiner must electronically transmit to FMCSA, via a secure FMCSA-designated Web site, a completed CMV Driver Medical Examination Results Form, MCSA-5850. The Form must include all information specified for each medical examination conducted for each driver who is required to be examined by a medical examiner listed on the National Registry of Certified Medical Examiners in accordance with the provisions of this subpart E, and should also include information for each driver who is required by a State to be examined by a medical examiner listed on the National Registry of Certified Medical Examiners in accordance with the provisions of this subpart E and any variances from those provisions adopted by such State.

What I think you are talking about is found in 391.43(g)(4). As it relates to this driver he was not asked to get more info, he was simply found to NOT be physically qualified.

Beginning December 22, 2015, if the medical examiner finds that the determination of whether the person examined is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b) should be delayed to receive additional information or to conduct further examination in order for the medical examiner to make such determination, he or she must inform the person examined that the additional information must be provided or the further examination completed within 45 days, and that the pending status of the examination will be reported to FMCSA.

 

One more point. @brian991219 can correct me if I am wrong. The ME transmits to the FMCSA. It is the FMCSA that puts physical information in the CDLIS that is available to the state DMVs. I do not know how long this takes. It might be instant.

It's also important to remember drivers of non-CDL required CMVs need to get a card and keep it. Since they don't have CDLs there is no information in the CDLIS on them.