Section 4116 of SAFETEA-LU

SEC. 4116. MEDICAL PROGRAM.

 

(a) In General.--Subchapter III <<NOTE: 49 USC 31131.>> of chapter

311 of title 49, United States Code, is amended by adding at the end the

following:

 

``Sec. 31149. Medical program

 

``(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

 

[[Page 119 STAT. 1727]]

 

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) develop, as appropriate, specific courses and

materials for medical examiners listed in the national

registry established under this section, and require

those medical examiners to, at a minimum, self-certify

that they have completed specific training, including

refresher courses, to be listed in the registry;

``(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) 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) <<NOTE: Establishment.>> National Registry of Medical

Examiners.--The Secretary, acting through the Federal Motor Carrier

Safety Administra- tion--

 

[[Page 119 STAT. 1728]]

 

``(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.''.

(b) Medical Examiners.--Section 31136(a)(3) of such title is amended

to read as follows:

``(3) the physical condition of operators of commercial

motor vehicles is adequate to enable them to operate the

vehicles safely and the periodic physical examinations required

of such operators are performed by medical examiners who have

received training in physical and medical examination standards

and, after the national registry maintained by the Department of

Transportation under section 31149(d) is established, are listed

on such registry; and''.

 

(c) Definition of Medical Examiner.--Section 31132 of such title is

amended--

(1) by redesignating paragraphs (6) through (10) as

paragraphs (7) through (11), respectively; and

(2) by inserting after paragraph (5) the following:

``(6) `medical examiner' means an individual licensed,

certified, or registered in accordance with regulations issued

by the Federal Motor Carrier Safety Administration as a medical

examiner.''.

 

(d) <<NOTE: 49 USC 31104 note.>> Funding.--Amounts made available

pursuant to section 31104(i) of title 49, United States Code, shall be

used by the Secretary to carry out section 31149 of title 49, United

States Code.

 

(e) Clerical Amendment.--The analysis for such subchapter is amended

by inserting after the item relating to section 31148 the following:

 

``31149. Medical program.''.

 

(f) <<NOTE: 49 USC 31149 note.>> Effective Date.--The amendment made

by subsection (a) shall take effect on the 365th day following the date

of enactment of this Act.