Agency Information Collection Activities; New Information Collection Request: 391.41 CMV Driver Medication Form |
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G. Kelly Regal
Federal Motor Carrier Safety Administration
8 July 2016
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44675-44680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16199]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0180]
Agency Information Collection Activities; New Information
Collection Request: 391.41 CMV Driver Medication Form
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment on the approval of a new
Information Collection (IC) titled, 391.41 CMV Driver Medication Form.
Comments received in response to this notice are sent to the OMB Desk
Officer to address. This IC is voluntary and may be utilized by medical
examiners (MEs) responsible for issuing Medical Examiner's Certificates
(MECs) to commercial motor vehicle (CMV) drivers. MEs that choose to
use this IC will do so in an effort to communicate with treating
healthcare professionals who are responsible for prescribing certain
medications, so that the ME fully understands the reasons the
medications have been prescribed. The information obtained by the ME
when utilizing this IC will assist the ME in determining if the driver
is medically certified according to the physical qualifications
standards outlined in 49 CFR 391.41 and to ensure that there are no
disqualifying medical conditions or underlying medical conditions and
[[Page 44676]]
prescribed medications that could adversely affect their safe driving
ability or cause incapacitation constituting a risk to the public.
DATES: Please send your comments to this notice by August 8, 2016. OMB
must receive your comments by this date to act quickly on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2015-0180. Interested persons are
invited to submit written comments on the proposed IC to the Office of
Information and Regulatory Affairs, Office of Management and Budget.
Comments should be addressed to the attention of the Desk Officer,
Department of Transportation/Federal Motor Carrier Safety
Administration, and sent via electronic mail to
oira_submission@omb.eop.gov, faxed to (202) 395-6974, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Room W64-113, Washington,
DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Title: 391.41 CMV Driver Medication Form.
OMB Control Number: 2126-00XX.
Type of Request: New collection.
Respondents: Prescribing healthcare professionals.
Estimated Number of Respondents: 1,082,200 (total number of
prescribing healthcare providers in the U.S.).
Estimated Time per Response: 8 minutes.
Expiration Date: N/A. This is a new ICR.
Frequency of Response: Voluntary.
Estimated Total Annual Burden: 144,293 hours [1,082,200 responses x
8 minutes to complete response/60 minutes = 144,293].
Background: The primary mission of FMCSA is to reduce crashes,
injuries, and fatalities involving large trucks and buses. The
Secretary of Transportation has delegated to FMCSA its responsibility
under 49 U.S.C. 31136 and 31502 to prescribe regulations that ensure
that CMVs are operated safely. As part of this mission, the Agency's
Medical Programs Division works to ensure that CMV drivers engaged in
interstate commerce operations are physically qualified and able to
safely perform their work.
Information used to determine and certify driver medical fitness
must be collected in order for our highways to be safe. FMCSA is the
Federal government agency authorized to require the collection of this
information and the authorizing regulations are located at 49 CFR parts
390-399. FMCSA is required by statute to establish standards for the
physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries [49 U.S.C. 31136(a)(3) and
31502(b)]. The regulations discussing this collection are outlined in
the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part
390-399. 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 FMCSRs covering driver physical qualification records are
found at 49 CFR 391.43, which specify that a medical examination be
performed on CMV drivers subject to part 391 who operate in interstate
commerce. The results of the examination shall be recorded in
accordance with the requirements set forth in that section.
49 CFR 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 and 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 Sec. 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.
In 2006, FMCSA's Medical Review Board (MRB) deliberated on the
topic of the use of Schedule II medications. The MRB considered
information provided in a 2006 FMCSA sponsored Evidence Report and a
subsequent Medical Expert Panel (MEP) to examine the relationship
between the licit use of Schedule II medications and the risk for a
motor vehicle crash. In 2013, FMCSA tasked the MRB with updating the
opinions and recommendations of the 2006 Evidence Report and MEP.
On September 10, 2013, the MRB and Motor Carrier Safety Advisory
Committee (MCSAC) met jointly to hear presentations on the licit use of
Schedule II medications and their regulation, and on U.S. Department of
Transportation drug and alcohol testing protocols. Subsequently, the
committees engaged in a discussion on the issue as it applies to CMV
drivers. On September 11, 2013, the MRB discussed the issue in greater
detail as its task to present a report to the Agency relating to CMV
drivers and Schedule II medication use and to develop a form for MEs on
the National Registry of Certified Medical Examiners (National
Registry) to send to treating clinicians of CMV drivers to expound on
the use of these medications by driver applicants. On October 22, 2013,
the MRB submitted their recommendations to FMCSA. A MEP convened to
provide an updated opinion on Schedule II Opioids and Stimulants & CMV
Crash Risk and Driver Performance. The FMCSA revised the task of the
MRB instructing them to review an updated evidence report and the MEP
opinion that was furnished subsequent to its deliberations on Schedule
II Opioids and Stimulants & CMV Crash Risk and Driver Performance:
Evidence Report and Systematic Review. FMCSA directed the MRB to
consider this report's findings and confer with the MCSAC on this topic
during a joint meeting in October 2014. The MRB met in public meetings
on July 29-30, 2014, and developed Schedule II medication
recommendations. The MRB presented these recommendations to the MCSAC
in a joint public meeting on October 27, 2014, where they were
deliberated by both committees. As a result, FMCSA's MRB and MCSAC
provided joint recommendations related to the use of Schedule II
medications by CMV drivers. Because there is moderate evidence to
support the contention that the licit use of opioids increases the risk
of motor vehicle crashes and impacts indirect measures of driver
performance negatively, included was the recommendation that FMCSA
develop a standardized medication questionnaire to assist the certified
ME when reviewing prescription medications that have been disclosed
during the history and physical examination for CMV driver
certification. The two advisory groups recommended to FMCSA that the
standardized CMV driver medication questionnaire be voluntary and
include the following information and questions:
1. Questionnaire should be titled 391.41 CMV Driver Medication
Questionnaire.
2. Questionnaire should request the following information:
a. Identifying name and date of birth of the CMV driver.
[[Page 44677]]
b. Introductory paragraph stating purpose of the CMV Driver
Medication Report.
c. Statements of Sec. 391.41(b)(12) (Physical Qualifications of
Drivers relating to driver use of scheduled substances) and The
Driver's Role, as found in the Medical Examination Report form found at
the end of 49 CFR 391.43 (Medical Examination; Certificate of Physical
Examination).
d. Name, state of licensure, signature, address and contact
information of the prescribing healthcare provider, as well as the date
the form was completed.
e. Name, signature, date, address and contact information of the
certified ME.
3. Report should include the following information:
a. 1--List all medications and dosages that you have prescribed to
the above named individual.
b. 2--List any other medications and dosages that you are aware
have been prescribed to the above named individual by another treating
healthcare provider.
c. 3--What medical conditions are being treated with these
medications?
d. 4--It is my medical opinion that, considering the mental and
physical requirements of operating a CMV and with awareness of a CMV
driver's role (consistent with The Driver's Role statement on page 2 of
the form), I believe my patient: (a) Has no medication side effects
from medication(s) that I prescribe that would adversely affect the
ability to operate a CMV safely; and (2) has no medical condition(s)
that I am treating with the above medication(s) that would adversely
affect the ability to operate a CMV safely.
The public interest in, and right to have, safe highways requires
the assurance that drivers of CMVs can safely perform the increased
physical and mental demands of their duties. FMCSA's medical standards
provide this assurance by requiring drivers to be examined and
medically certified as physically and mentally qualified to drive.
The purpose for collecting this information is to assist the ME in
determining if the driver is medically qualified under 49 CFR 391.41
and to ensure that there are no disqualifying medical conditions that
could adversely affect their safe driving ability or cause
incapacitation constituting a risk to the public. 49 CFR 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 and
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 Sec.
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.
The use of this IC is at the discretion of the ME to facilitate
communication with treating healthcare professionals who are
responsible for prescribing certain medications so that the ME fully
understands the reasons the medications have been prescribed. This
information will assist the ME in determining whether the underlying
medical condition and the prescribed medication will impact the
driver's safe operation of a CMV. Therefore, there is no required
collection frequency.
The 391.41 CMV Driver Medication Form will be available as a
fillable PDF or may be downloaded from the FMCSA Web site. Prescribing
healthcare providers will be able to fax or scan and email the report
to the certified ME. Consistent with the OMB's commitment to minimizing
respondents' recordkeeping and paperwork burdens and the increased use
of secure electronic modes of communication, the Agency anticipates
that approximately 50 percent of the 391.41 CMV Driver Medication Forms
will be transmitted electronically.
The information collected from the 391.41 CMV Driver Medication
Form, will be used by the certified ME that requested the completion of
the form and will become part of the CMV driver's medical record
maintained by the certified ME. Therefore, the information will not be
available to the public. The FMCSRs covering driver physical
qualification records are found at 49 CFR 391.43, which specify that a
medical examination be performed on CMV drivers subject to part 391 who
operate in interstate commerce. The results of the examination shall be
recorded in accordance with the requirements set forth in that section.
MEs are required to maintain records of the CMV driver medical
examinations they conduct. Disclaimer language is displayed at the end
of the medical form to declare sensitive information on the form must
be handled and maintained securely to prevent inadvertent disclosure.
The language also states the form is for official use only, by
authorized persons, and the form should be properly disposed of when no
longer required.
Discussion of Comments Received
A. Overview of Comments
In response to the Federal Register notice published on November
25, 2015, requesting public comment concerning the necessity of the
proposed IC, the accuracy of the estimated burden, how the quality of
collected information could be enhanced, and ways in which the burden
could be minimized without reducing the quality of the collected
information (80 FR 73871), FMCSA received 14 comments. The commenters
included certified MEs, CMV drivers, training organizations, the
American Trucking Associations (ATA), the Owner-Operator Independent
Drivers Association (OOIDA), and the American College of Occupational
and Environmental Medicine (ACOEM).
The first area of comments involved the effectiveness of the 391.41
CMV Driver Medication Form. The second area of comments discussed the
burden hours and costs. The final area of comments were issues that
were considered outside the scope of this ICR and the optional use of
the 391.41 CMV Driver Medication Form. These comments will be briefly
summarized with an explanation as to why the issues raised are not
within the scope of this notice.
Five commenters expressed support for the ICR and two commenters
explicitly opposed the ICR. The remaining seven neither supported nor
opposed the ICR, but raised concerns or provided suggestions for
changes to the optional form.
The following sections provide details regarding specific issues
raised by the commenters.
B. Effectiveness of the 391.41 CMV Driver Medication Form
ACOEM acknowledged that the current process used by MEs is clearly
inadequate but also feels that the form falls far short of being able
to adequately assess whether a driver will be impaired by medications
or an underlying medical condition. They also stated that many
healthcare providers do not fully understand the safety risks and
responsibilities of the CMV driver and would rely on the patient's
statement that the medication does not impair the driver's ability to
safely operate a CMV. Therefore, they believe that the prescribing
healthcare provider statements would not be reliable. ACOEM also
believes that the form does not go far enough to address the use of
opioids by drivers and the rapid increase in adverse effects of opioid
use and suggests that FMCSA strive for a form that becomes the standard
of
[[Page 44678]]
practice that requires the treating provider and the ME to be aware of
medications and conditions, including opioid use.
Others commented that some physicians have no problem stating that
their patient is safe to drive a CMV while taking these medications
leaving the ME that disagrees and is not willing to issue the driver a
MEC with a driver that is angry based on the differing opinions. OOIDA
stated that the form would be a direct challenge to the treating
physician according to Sec. 391.41(b)(12)(ii) that states ``A person
is physically qualified to drive a commercial motor vehicle if that
person 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
Sec. 392.107, 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 commercial vehicle.'' They believe
that this form challenges the opinion of the driver's treating
physician and puts it in the hands of a stranger with no knowledge of
the driver's background and who is unfamiliar with the driver's medical
history.
FMCSA Response
FMCSA is providing the 391.43 CMV Driver Medication Form at the
request of MEs to be used at their discretion, and as a resource for
assisting MEs in making medical certification determinations of
interstate CMV drivers. Use of the form is voluntary and MEs may do so
in an effort to communicate with treating healthcare providers who are
responsible for prescribing certain medications, so that the ME fully
understands the reasons the medications have been prescribed.
Information about the driver's role was specifically added to the form
to assist those healthcare providers that do not fully understand the
safety risks and responsibilities of the CMV driver and in an effort to
obtain reliable data. The form was specifically designed to address any
medications that a driver is taking that may impair his/her ability to
safety operate a CMV and was not intended to address only opioids.
The information obtained by the ME when utilizing the optional
391.41 CMV Driver Medication Form will assist the ME in determining if
the driver is medically qualified under 49 CFR 391.41 and to ensure
that there are no disqualifying medical conditions or underlying
medical conditions and prescribed medications that could adversely
affect the driver's safe driving ability or cause incapacitation
constituting a risk to the public. The decision to certify a driver is
a discretionary decision that rests with the certifying ME. MEs may
disqualify a driver who takes any medications or combination of
medications and substances that may impair or interfere with safe
driving practices.
C. Burden Hours and Costs
Several commenters expressed concern that prescribing healthcare
providers would not respond in a timely manner or at all, and that
delays would be costly to drivers and motor carriers. ATA stated that
FMCSA should consider the impact of potential delays to driver
recertification, because the form does not advise prescribing
healthcare providers to complete and return the form to the requesting
ME within a specific timeframe, nor does it require MEs to certify a
driver who is medically qualified even in the absence of the completed
form. They expressed concern that the lack of such language could
result in unnecessary and costly delays that would penalize qualified
drivers due to circumstances that are out of their control. ATA
recommended that if a prescribing healthcare provider is unable to
return the form to a ME in a timely manner, FMCSA should advise MEs to
continue to use their own judgement and certify drivers in these
circumstances if they find them to be medically qualified.
Others commented that MEs will find the proposed form to be too
restrictive and excessive explaining that although a full list of
medications seems to be a good idea, it could significantly increase
the effort required by the prescribing healthcare providers which is
counterproductive to obtaining their assistance. Suggestions were made
to ask the prescribing healthcare provider a single question such as is
the driver taking any other medications that may be a risk to safe
driving, to list only those medications that would negatively affect
the ability of the driver to safely operate a CMV, or to only ask about
medications that are of concern that the patient reported. Dr. Michael
Megehee recommended including a statement that FMCSA guidelines require
the ME to ask the prescribing healthcare provider for assistance in
determining whether the driver is safe to operate a CMV and they meet
the FMCSRs and that although the ME considers the opinions of treating
physicians, the ME is responsible for making the final medical
qualification determination.
ATA stated that while this IC may be a useful tool to many MEs in
determining whether a driver is medically qualified, in certain cases,
it will not always be necessary. They believe that in most situations,
the ME should be able to verify the accuracy of the information
provided by the driver and the need for the medication based upon their
training and experience in performing medical examinations and a robust
conversation with the driver. They suggested that to avoid any
unnecessary and costly delays to drivers and carriers alike, FMCSA
should emphasize to MEs that the form is strictly voluntary and not a
de facto standard when performing medical examinations. They also
suggested that the form be consistent with the newly revised MER Form,
MCSA-5875 by limiting its inquiry into medications that the driver is
currently prescribed and that the prescribing healthcare provider
should only report those medications that they can confirm have been
prescribed. They stated that asking for all prescribed medications
imposes a burden on healthcare providers without any significant
positive impact on safety and suggested asking healthcare providers to
list those medications that a driver is currently prescribed and would
negatively affect their ability to safely operate a CMV will
dramatically limit the collection burden without diminishing the
quality of the information being collected.
OOIDA stated that there will be an increase in the number of
inconsistencies in the medical certification process as MEs with no
personal relationship with the driver attempt to evaluate a great deal
of long-term medication usage. They stated that the proposed use of the
391.41 CMV Driver Medication Form invites second guessing of a primary
physician by MEs who are empowered by an unreliable medical form and
that it invites the ME to question every medication and dosage which
has been previously prescribed. They feel that this IC will only
increase problems drivers have already experienced with MDs, which have
resulted in higher costs and lengthier delays for drivers. Ultimately,
they stated that the IC will lead to higher costs and longer wait times
for drivers as they complete the examination with a ME and that it is
already a common occurrence for the ME to conduct excessive testing
beyond what is required under the current medical examination form.
OOIDA points out that the IC is not limited to Schedule II drugs and
could include items with no perceptible link to the safe operation of a
CMV and believes that requesting an unlimited amount of
[[Page 44679]]
information is not helpful to determining a driver's fitness to operate
a CMV and that there is no need to require a listing of any prescribed
drugs beyond those regulated by Sec. 382.213: Controlled substance
use.
FMCSA Response
FMCSA does not believe that the form will add any time to the
certification decision nor is it necessary to advise the ME to make a
certification decision at any specified time after sending the 391.41
CMV Driver Medication Form to the prescribing healthcare provider. In
addition, the Medical Examiner's Certification Integration final rule
provides a determination pending category that allows the driver to
continue to operate a CMV as long as the driver has an unexpired MEC,
for a maximum of 45 days, if the ME needs additional information to
make a certification decision making additional delays unlikely.
As previously stated, the form was specifically designed to address
any prescription medications that a driver is taking that may impair
his/her ability to safely operate a CMV. Therefore, the Agency does not
believe that the form is too restrictive or excessive nor will it
significantly increase the effort required by the prescribing
healthcare providers. Instead, the Agency believes that the form will
be a useful resource for MEs in making a medical certification decision
of drivers that are taking prescribed medications.
Because the prescribing healthcare provider is not trained
regarding the FMCSRs and may not be a certified ME, FMCSA does not
believe that asking the prescribing healthcare provider a single
question such as is the driver taking any other medications that may be
a risk to safe driving, to list only those medications that would
negatively affect the ability of the driver to safely operate a CMV, or
to only ask about medications that are of concern that the patient
reported would provide reliable information to assist the ME in making
a medical certification decision. FMCSA is not requiring MEs to use the
391.41 CMV Driver Medication Form, use of the form is completely
voluntary. Therefore, it would not be appropriate to add a statement
that FMCSA is requiring MEs to ask the prescribing healthcare provider
for assistance in determining whether the driver is safe to operate a
CMV and that they meet the FMCSRs. The fact that the ME is responsible
for making the final medical certification determination is stated on
the form.
FMCSA continues to emphasize that the 391.41 CMV Driver Medication
Form is optional and may be used at the discretion of the ME as a
resource for the ME to communicate with prescribing healthcare
providers, enabling the ME to make a more informed medical
certification determination. When used, this form will supplement the
MER Form, MCSA-5875 by asking for all medications that the prescribing
healthcare provider has prescribed and any other medications that they
are aware have been prescribed by another treating healthcare provider,
and was designed to address any prescription medications that a driver
is taking that may impair his/her ability to safety operate a CMV. The
Agency does not feel that asking for all medications prescribed on this
optional form imposes a burden on healthcare providers without any
significant positive impact on safety and that limiting the collection
to only medications that a driver is currently prescribed that the
prescribing healthcare provider feels would negatively affect their
ability to safely operate a CMV would diminish the quality of the
information being collected.
Interstate CMV drivers are required to use a certified ME listed on
the National Registry for their medical examination and certification.
Therefore, in many cases the driver is going to a ME that they do not
have a personal relationship with. The use of the optional 391.41 CMV
Driver Medication Form does not change this fact nor does it have a
negative impact. The 391.41 CMV Driver Medication Form is a tool to
collect information that the MEs already collect at their discretion
when performing driver examinations. This optional form will serve as a
resource for the ME to use in communicating with prescribing healthcare
providers, enabling the ME to make a more informed medical
certification determination. The decision to certify a driver is a
discretionary decision that continues to rest with the certifying ME.
As previously stated, MEs may disqualify a driver who takes any
medications or combination of medications and substances that may
impair or interfere with safe driving practices.
D. Issues Outside the Scope of This Notice
A number of respondents submitted comments on topics that were
outside the scope of what was proposed in this notice. This notice
specifically requested comments related to the proposed IC and optional
form to be used as an IC tool.
1. Schedule II Medication Use
OOIDA disputed the fact that there is moderate evidence of
increased risk due to Schedule II drug use and stated that the paucity
of data shows that few CMV drivers have had problems with licit
Schedule II drug use, or even prescription medications. They also
stated that studies do not show that a significant number of CMV
operators are crashing due to prescription medication use and that
because insufficient data exists regarding the use of Schedule II drugs
by CMV drivers should be an indication to the MRB and FMCSA that there
are very few CMV drivers who have had problems with licit Schedule II
drug usage.
Dr. Kurt T. Hegmann stated that this form should not be adopted for
opioids/Schedule II medications, because this form is not evidence-
based, not validated, there is no objective test to figure out who is
unsafe and will crash if using opioids/Schedule II medications, and the
form will cause a false sense of security that both endorses narcotics-
using truck drivers and a method to sign the form to approve them to
drive under the influence, and is likely to inadvertently further
increase fatalities. He also stated that the form appears to evade the
FDA-supported advice on opioid prescription labels that uniformly warn
against vehicle operation and suggested we adopt the 2006 MEP
recommendation to eliminate the potential exception that a prescriber
who thought someone could drive, would be allowed to drive on opioids.
Dr. Hegamann believes that this form will not help the Agency meet its
primary mission. Instead he states that individuals using opioids
should not drive trucks and instead should be tapered and/or de-toxed
and then resume driving off those medications.
On the other hand, ACOEM, stated that the form does not go far
enough to address the use of opioids by drivers and the rapid increase
in adverse effects of opioid use. They pointed out that the original
proposed version of this form goes back to the 2006 Schedule II
Medication Panel and had significantly more content, which would have
given the treating provider and the ME a clearer understanding of the
impairment risks of the medications. They suggested any form
incorporate some of the recommendations from the MRB and MCSAC joint
Task 14-3: Schedule II Controlled Substances and CMV Drivers including
the recommendation that a driver should not be medically qualified to
operate a CMV while he/she is under treatment with narcotics or any
narcotic derivative without exception. They go
[[Page 44680]]
on to explain that because the current exception remains in the FMCSRs
(40 CFR 391.41(b)(12)(ii)), they recommend guidelines be provided to
MEs regarding the use of narcotics.
FMCSA Response
Although optional use of the 391.41 CMV Driver Medication Form was
introduced as a result of the MRB and MCSAC recommendations related to
the use of Schedule II medications by CMV drivers, the recommendation
was for FMCSA to develop a standardized form to assist the certified ME
when reviewing prescription medications that have been disclosed during
the history and physical examination for CMV driver certification.
Therefore, the form was not designed to specifically address Schedule
II medications. The form was designed to address any prescription
medications that a driver is taking that may impair his/her ability to
safety operate a CMV. FMCSA is not considering a change in the
regulations or guidance that would prohibit or advise the ME regarding
Schedule II medications at this time. Therefore, these comments are
outside of the scope of this notice.
2. Qualifications of the ME
Several commenters stated that a ME might not be qualified to make
a medical qualification decision if the driver uses Schedule II
medications, because of a lack of training in pharmacology.
OOIDA stated that the personal physician is best equipped to review
a driver's medical history and suggested that a personal physician be
the one to review the driver's medical history and make the decision
whether a medication will adversely affect the driver's ability to
safely operate a CMV.
Dr. Hegmann advocated for implementation of the MRB's
recommendation that ME eligibility be limited to those medically
trained (i.e., MD, DO, PA and NPs). He stated that the concept that
these medically untrained examiners can make an informed judgment about
driver impairment from narcotics, assess how opioids may interact with
other medications, provide guidance to truck drivers, and judge fitness
to drive is factually false. Dr. Hegmann feels that FMCSA does not rely
on recommendations of the MRB and will selectively use whichever source
of guidance is least restrictive which is directly contrary to the
central, stated purpose of the Agency.
FMCSA Response
FMCSA responded to the question of who is qualified to be a ME in
the National Registry of Certified Medical Examiners final rule (77 FR
24106, April 20, 2012), and is not considering a change to the
regulation in 49 CFR 390.103, Eligibility requirements for medical
examiner certification in this notice. Therefore, these comments are
outside the scope of this notice.
Public Comments Invited: FMCSA requests that you comment on any
aspect of this information collection, including: (1) Whether the
proposed collection is necessary for FMCSA to perform its functions,
(2) the accuracy of the estimated burden, (3) ways for the FMCSA to
enhance the quality, usefulness, and clarity of the collected
information, and (4) ways that the burden could be minimized without
reducing the quality of the collected information. Comments received in
response to this notice are sent to the OMB Desk Officer to address.
Issued under the authority delegated in 49 CFR 1.87 on: June 30,
2016.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2016-16199 Filed 7-7-16; 8:45 am]
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