391.41 CMV Driver Medication Form

FMCSA is required by statute to establish standards for the physical qualifications of drivers who operate CMVs in interstate commerce for non-excepted industries. The FMCSRs at 49 CFR 391.41 set forth the physical qualification standards that interstate CMV drivers who are subject to part 391 must meet, with the exception of commercial driver’s license/commercial learner’s permit (CDL/CLP) drivers transporting migrant workers (who must meet the physical qualification standards set forth in 49 CFR 398.3). The purpose of the voluntary collection of this information is to enable the certified ME to determine if the driver is physically qualified under 49 CFR 391.41 and if there are disqualifying medical conditions that would adversely affect the driver’s ability to drive safely. Section 391.41(b)(12) states that a person is physically qualified to drive a CMV if that person does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming drug; or does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 CFR 382.107, who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a CMV. Therefore, this voluntary collection allows certified MEs responsible for issuing Medical Examiner’s Certificates (MECs) to CMV drivers to communicate with healthcare professionals responsible for prescribing the use of certain medications. The information obtained allows certified MEs to fully understand the reasons the medications have been prescribed and to determine whether the use of the medications and the underlying condition being treated preclude the issuance of an MEC. Because there is moderate evidence to support the contention that the licit use of opioids increases the risk of a motor vehicle crashes and impacts indirect measures of driver performance negatively, the collection of this information assists certified MEs in determining whether a CMV driver is physically qualified to drive a CMV. Third-party requirements of this ICR are being considered. Certified MEs will be asking the prescribing healthcare professionals to complete the 391.41 CMV Driver Medication Form, MCSA-5895, for CMV drivers. In addition to the population of prescribing healthcare professionals, the population of CMV drivers who certified MEs may ask to have the 391.41 CMV Driver Medication Form, MCSA-5895, completed by a prescribing healthcare professional, has been calculated. This ICR reflects both interstate drivers subject to the FMCSRs and intrastate drivers subject to compatible State regulations. Although Federal regulations do not require States to comply with the medical requirements in the FMCSRs, most States do mirror the Federal requirements. If intrastate CMV drivers are subject to compatible State regulations, the Agency anticipates that it is likely that these drivers use certified MEs on the National Registry of Certified Medical Examiners (National Registry) for their physical qualification examinations, which may result in certified MEs requesting prescribing healthcare professionals to complete the 391.41 CMV Driver Medication Form, MCSA-5895. The use of this ICR is at the discretion of the certified ME to facilitate communication with treating healthcare professionals, who are responsible for prescribing certain medications, to fully understand the reasons the medications have been prescribed. This information assists the certified ME in determining whether the underlying medical condition and the prescribed medication will adversely affect the driver’s safe operation of a CMV. Therefore, there is no required collection frequency.

The latest form for 391.41 CMV Driver Medication Form expires 2023-04-30 and can be found here.