2024 Auditing of ME Non-compliance
Starting January 2024, the FMCSA is set to augment its thorough oversight and auditing initiative for Medical Examiners (ME). This program will encompass heightened monitoring by the agency to ensure MEs' adherence to the Federal Motor Carrier Safety Regulations (FMCSRs). MEs are obligated to meet 11 regulatory requirements as part of their certification with the National Registry. Non-compliance with these FMCSRs stipulations could lead to the removal of an ME from the National Registry:
1. Have a valid unexpired medical license listed in the ME’s National Registry account
2. Provide records within 48 hours of request from FMCSA
3. Submit examination results by midnight (local time) of the next calendar day following the examination
4. Report when no examinations are performed during a given month
5. Complete 5-year periodic training no sooner than 4 years and no later than 5 years after the ME’s certification credential was issued
6. Complete 10-year periodic training no sooner than 9 years and no later than 10 years after the ME’s certification credential was issued
7. Pass the 10-year certification test no sooner than 9 years and no later than 10 years after the ME’s certification credential was issued
8. Update information in the ME’s National Registry profile within 30 days of a change
9. Complete assigned training by the date provided by FMCSA
10. Complete training resulting from an audit by the date provided by FMCSA
11. Correct errors received for CLP/CDL applicants/holders (NRII)
In 2024, the FMCSA is set to initiate actions to remove Medical Examiners (MEs) for noncompliance with regulatory requirements. The initial phase, starting in January 2024, will focus on MEs who failed to fulfill the mandatory 10-year periodic training and/or pass the 10-year certification test. The first batch of certified MEs was expected to complete these requirements by December 31, 2023.
For MEs obligated to undertake the 10-year periodic training and/or certification test but unable to meet the December 31, 2023 deadline, a formal Notice of Proposed Removal (NOPR) from the National Registry of Certified Medical Examiners (National Registry) will be issued. This notification will be sent to the professional contact email address specified in the ME's National Registry account. The NOPR will articulate the grounds for removal and detail specific corrective actions the ME must undertake to prevent removal from the National Registry. FMCSA emphasizes the critical importance of carefully reviewing and completing all required corrective actions to avoid removal.
Upon issuance of an NOPR, the ME will receive a notification in their National Registry account prompting them to take the following actions:
1. Acknowledge, through the ME’s National Registry account, that they will take the corrective action(s) outlined in the NOPR or that they disagree with the NOPR. If the ME believes FMCSA has relied on an erroneous reason, in whole or in part, in proposing their removal from the National Registry, the ME can select the option to disagree with the NOPR but must explain the basis for their belief that FMCSA relied on an erroneous reason in proposing their removal for FMCSA to review and respond.
PLEASE NOTE that if the ME has not acknowledged that they will take corrective action(s) in their National Registry account as instructed in the NOPR, the ME will be removed 30 days from the date the NOPR was issued. If the ME acknowledges that they will take the corrective action(s) through the ME’s National Registry account, the ME will have 60 days from the date the NOPR was issued to take corrective action(s) as specified in the NOPR. An example of what the acknowledgement notification in the ME’s National Registry account may look like is provided below.
2. Once the ME acknowledges that they will take the corrective action(s) outlined in the NOPR, they must complete all corrective actions (e.g., completing, entering details, and uploading proof of completion of the 10-year training into the ME’s National Registry account and/or passing the 10-year certification test).
3. Once all corrective actions have been completed, the ME must log into their National Registry account where they will see a notification that they must respond to indicating that all corrective actions have been completed. An example of what the notification may look like is provided below.
PLEASE NOTE that this confirmation is a regulatory requirement and is outlined in the NOPR. MEs who fail to indicate completion of all corrective actions in their National Registry account as indicated in this step, will be removed from the National Registry and will no longer be authorized to perform physical qualification examinations of interstate commercial motor vehicle drivers at the end of the 60 days.
If you receive a Notice of Proposed Removal (NOPR) due to the failure to complete the mandatory 10-year periodic training and/or pass the 10-year certification test by December 31, 2023, it is imperative that you follow the instructions outlined in the NOPR. Taking these steps is essential to rectify the identified issue(s) and prevent removal from the National Registry.
To facilitate Medical Examiners (MEs) in comprehending the 11 regulatory requirements essential for continued inclusion in the National Registry, FMCSA will soon launch an informational training webinar on the National Registry website. MEs will receive email notifications once this resource becomes available, offering assistance in meeting the outlined requirements.
For assistance regarding Medical Examiner compliance, contact the DOT directly at FMCTECHSUP@dot.gov or by phone at (617) 494-3003 (option 2, then press 6).
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