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Accident Reporting: Change to Regulatory Guidance Concerning the Use of the Term ``Medical Treatment'' Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 25 February 2022 Subjects: American Government  , Safety
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[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10895-10896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03997]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0139]
Accident Reporting: Change to Regulatory Guidance Concerning the
Use of the Term ``Medical Treatment''
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of revised regulatory guidance.
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SUMMARY: FMCSA announces a revision to its regulatory guidance
concerning the use of the term ``medical treatment'' for the purpose of
accident reporting. The revised guidance explains that an x-ray
examination is a diagnostic procedure and should no longer be
considered ``medical treatment'' in determining whether a crash should
be included on a motor carrier's accident register.
DATES: This revised guidance is applicable on February 25, 2022 and
expires February 25, 2027.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, FMCSA, (202) 366-2722,
richard.clemente@dot.gov. If you have questions about viewing or
submitting material to the docket, contact Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
A. Viewing Documents
To view documents mentioned in this preamble as being available in
the docket, go to https://www.regulations.gov and insert the docket
number (FMCSA-2021-0139) in the ``Keyword'' box and click ``Search.''
Next, click ``Open Docket Folder'' button and choose the document
listed to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
I. Background
The Federal Motor Carrier Safety Regulations define Accident as an
occurrence involving a commercial motor vehicle (CMV) operating on a
highway in interstate or intrastate commerce which results in: (1) A
fatality, (2) bodily injury to a person who, as a result of the injury,
receives medical treatment away from the scene of the accident, or (3)
one or more motor vehicles being towed from the scene (49 CFR 390.5T).
Regulatory guidance in Question 27 for 49 CFR 390.5 and 390.5T
currently considers an x-ray examination and other imaging, such as
computed tomography, as medical treatment and reads as follows:
Question 27:
A person is transported to a hospital from the scene of a
commercial motor vehicle traffic accident.
In one situation, the person undergoes observation or a
``checkup.[''] Is this considered ``medical treatment,'' making the
CMV occurrence an ``accident'' for purposes of the Federal Motor
Carrier Safety Regulations?
In another situation, the person undergoes x-ray examination or
is given a prescription, but is released from the facility without
being admitted as an inpatient. Is the x-ray or prescription
considered ``medical treatment,'' making the CMV occurrence [an]
``accident'' for purposes of the Federal Motor Carrier Safety
Regulations?
Guidance: In the first situation, no. A person who does not
receive treatment for diagnosed injuries or other medical
intervention directly related to the accident, has not received
``medical treatment'' as that term is used in Sec. 390.5T.
In the second situation, yes. A person who undergoes x-ray
examination (or other imaging, such as computed tomography or CT),
or is given prescription medication (or the prescription itself),
has received ``medical treatment.''
In accordance with 49 CFR 390.15(b), motor carriers are required to
maintain an accident register for 3 years after the date of each
``accident.'' A motor carrier's Crash Indicator Behavior Analysis and
Safety Improvement Category (BASIC) score illustrates a historical
pattern of crash involvement, including frequency and severity. The
Crash Indicator BASIC score is based on information from State-reported
crashes that meet reportable crash standards.
A petition was submitted to FMCSA requesting a revision to Question
27, stating that an x-ray is a diagnostic test that may find no injury
and should not be considered a form of medical treatment. The
petitioner suggested that the Agency mirror the Occupational Safety and
Health Administration's definition of medical treatment that excludes
diagnostic procedures, such as x-rays and blood tests. FMCSA agrees
with the revision.
II. Revised Guidance
FMCSA clarifies when a person is considered to have received
medical treatment after an accident. FMCSA revises Question 27 under 49
CFR 390.5 and 390.5T, which is available at https://www.fmcsa.dot.gov/regulations/person-transported-hospital-scene-commercial-motor-vehicle-traffic-accident-one, as indicated below.\1\
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\1\ The revised guidance applies to both 49 CFR 390.5 and the
temporary regulations in 49 CFR 390.5T that are currently in effect.
See Unified Registration System; Suspension of Effectiveness, 82 FR
5292, 5310 (Jan. 17, 2017), as amended, 83 FR 22865, 22877 (May 17,
2018).
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This guidance lacks the force and effect of law, except as
incorporated into a contract, and is not meant to bind the public in
any way. This guidance document is intended only to provide clarity to
the public regarding existing requirements under the law or Agency
policies.
Question 27:
A person is transported to a hospital from the scene of a
commercial motor vehicle traffic accident.
In one situation, the person undergoes observation or a checkup.
Is this considered ``medical treatment,'' making the CMV occurrence
an ``accident'' for purposes of the Federal Motor Carrier Safety
Regulations?
In another situation, the person undergoes x-ray examination or
is given a prescription but is released from the facility without
being admitted as an inpatient. Is the x-ray or prescription
considered ``medical treatment,'' making the CMV occurrence an
``accident'' for purposes of the FMCSRs?
Guidance: In the first situation, no. A person who does not
receive treatment for diagnosed injuries or other medical
intervention directly related to the accident, has not received
``medical treatment'' as that term is used in 49 CFR 390.5 or
390.5T.
In the second situation, a person who undergoes an x-ray
examination (or other imaging, such as computed tomography or CT)
has not received ``medical treatment.'' The x-ray examination is a
diagnostic procedure but is not considered ``medical treatment.''
However, a person who is given prescription medication (or the
prescription itself) has received ``medical treatment.''
IV. Review of the Regulatory Guidance
In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing
America's Surface Transportation Act, Public Law 114-94, 129 Stat.
1312, 1535 (Dec. 4, 2015), the revised regulatory guidance will be
posted in the guidance portal on FMCSA's website, https://www.fmcsa.dot.gov/guidance. The Agency will review it no later than 5
years after it is published and consider at that time whether the
guidance should be withdrawn, reissued for
[[Page 10896]]
another period up to 5 years, or incorporated into the Federal Motor
Carrier Safety Regulations.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-03997 Filed 2-24-22; 8:45 am]
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