FMCSA New Initiative to Validate Driver Medical Cards

[Deville]

FMCSA New Initiative to Validate Driver Medical Cards - Truckinginfo.com

The Federal Motor Carrier Safety Administration announced that it and its state partners will be conducting random verifications of driver Medical Examiner's Certificates during enforcement activities.

The purpose of these validations is to obtain verbal confirmation that the medical examination was conducted and the information on the Medical Examination Certificate is accurate. It is not to evaluate the driver's medical fitness to operate a commercial vehicle.

FMCSA will take the following steps to validate the authenticity of MECs:

1. Contact the Medical Examiner's office at the telephone number indicated on the certificate;

2. Explain the inquiry's purpose and indicate that it is intended solely to confirm that the document presented by the driver matches the records maintained by the ME. Direct contact with the actual ME is not required - an authorized staff member may provide the requested information; and

3. Provide the driver's name and date of birth, the date of issuance of the MEC and any restrictions indicated thereon and request verbal confirmation of the information provided.


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I can't see this being legal, although the article states that it's just a records match that does not give any LEO the right to request ANY type of medical information from a Doctors office.

Any request for a medical record requires the patient to sign a written release. Is that going to be the next step? A stop at a weigh station will require a medical relase form to be sent to the Doctors office for verification.

Or will the LEOS try to force their will on anyone answering the phone at a medical office.

Too me this is a huge over reach by the FMCA & a violation of privacy & the Doctor patient relationship.

I always make sure I get my medical card stamped by the office that preforms the exam. it has all the Doctor information on it.That's enough, it's always been enough in the past. I wouldn't allow any type of contact to be made with a LEO & my doctor or his office. I plan on informing my doctor in writing to be placed in my file that there office isn't allowed to give any type of information about me to anyone with out my expressed written apporval.

I hope OODIA will take this up in court.

 

[bobwg]

It was my understanding that the new plan was when you renew your CDL you would have to show a new proof of a new DOT medical exam at the license office ,so when a cop/DOt officer stops you all he had to do was run your license and it would show your medical DOT dates

 

[Turtle]

It was my understanding that the new plan was when you renew your CDL you would have to show a new proof of a new DOT medical exam at the license office ,so when a cop/DOt officer stops you all he had to do was run your license and it would show your medical DOT dates

Yep. The medical card will be on file with the state, and driver's won't even have to carry the card anymore.

The article above, all they're doing is, they'll call the doctor's office that's listed on the card, and ask if they did, in fact, issue the medical card to the driver. The DOT officer will read the name, date of issue and other information that's on the card itself, and ask the doctor's office to confirm that information with the information they have in their records. There is no exchange of medical information or of privacy information. There's nothing illegal about it at all. It is no different than the officer verifying the information on your driver's license with the information the state has.

 

[OntarioVanMan]

It was my understanding that the new plan was when you renew your CDL you would have to show a new proof of a new DOT medical exam at the license office ,so when a cop/DOt officer stops you all he had to do was run your license and it would show your medical DOT dates

That is exactly what SD did to my CDL renewal.....linked the med card with it....NO release of medical information......so OOIDA can go back to sleep on this one......

 

[moose]

Agree. good point.
once a state issued a CDL, that CDL is valid.
& since (once this new costly program is in full swing) a CDL cannot be provided without a verify, registered, medical exam, then a road side inspection is a mute point.
what if this is to happen after hours when the Doc. office is closed ? are we to be detained till morning? . what if that Doc. office closed it's business ?, changed names or phone numbers ?, moved to a new location?.
the time of verification is to be at the time of issuing a CDL by the State.

 

[moose]

. It is no different than the officer verifying the information on your driver's license with the information the state has.

Only those Doctors are not registered with the States, they are trained and registered with the FEDERAL DoT.
Dear federally registered officer,please check the doc in your own files, and stop wasting drivers time.
what if the phone won't ring ? or the front desk cannot find a file?
the FMCSA never instructed it's officers, or told us, what do the officer to do if he cannot verify the Doctor info.

 

[Deville]

I re-newed my CDL a few months ago & gave them a copy of my medical card. If the card is on file with the state & that's suppossed to be enough than why would the FMCA feel the need to pull this crap.

It's an extreme over reach. There is no reason for ANYONE to ever contact a personal phyiscan about anything releated to you under any circumstances. This is how it starts, oh it's only a verification, than it snowballs to to somthing else.

You can not compare showing a driver licence issued by a state that has personal information on & it's sole purpose is used as identification with the state to showing a valid medical card that shows basic information, qualified or not qualified, or qualified with restrications that was issued by a private physican.

 

[BobWolf]

This will be a cluster F_. considering it is yet annother government program especialy where all CMVs over 10,000# will require a medical card if that part goes through in 2013.

Bpb Wolf.

 

[OntarioVanMan]

I don't see what you guys are seeing....I really don't...they are not asking for anything that is not on the long form of the medical form and now on file with the state.....the fact drivers are running with forged CDL and Med cards....could have prompted this....

 

[Deville]

I don't see what you guys are seeing....I really don't...they are not asking for anything that is not on the long form of the medical form and now on file with the state.....the fact drivers are running with forged CDL and Med cards....could have prompted this....

The point is this; if the card is on file with the state than there is no reason what so ever a cop at a weigh station or anyone else for thatmatter should be calling a drivers personal physican to verufy information that has alreadly been deemed realiable.

What's next? a PA or nurse stationed at every weigh station forceing drivers to submit to on the spot exams?

These constant oversteps by goverment into peoples lives has to stop.

 

[Turtle]

They won't even be asking for anything on the long form. All they're doing its verifying that the information on your medical card matches the information that the medical examiner has. Someone used the phrase "valid medical card". Well, define "valid", and is the DOT just supposed to take your word for it? "Oh, yes officer, it's valid. Trust me."

 

[zorry]

Indiana has required a copy of the long form physical since at least 2004. They threatened to suspend my CDL because a new clinic failed to complete a proper physical.
I retook the missed part of the physical,re-submitted the paperwork and all was good.
I have no problem with an officer verifying if a card is good or was bought in a tavern for $50.

 

[OntarioVanMan]

I am with Turtle....this time.....I suppose not all states verify 100% med forms, they just have them on file and don't check.....welcome to the new age....verify, verify, verify....To catch illegal drivers they must be able to verify all things...

 

[highway star]

Would the call compel the doctor's office to comply? If they were busy, they might just tell the officer they don't have time for nonsense and hang up.

 

[OntarioVanMan]

Would the call compel the doctor's office to comply? If they were busy, they might just tell the officer they don't have time for nonsense and hang up.

Lol... That Would end that crap

 

[RETIDEPXE]

"Please hold".............receptionist asks for advice from superiors on how to handle call, superior says just leave them on hold till they go away.

With today's medical malpractice suits and the like, I can't see a medical facility giving out any info over the phone, even if just a verification, for fear of the negative liability aspect. Who's to say it's not a set up by the owner of the med card to try and scam the facility out of money, maybe a disgruntled driver who didn't pass, some scam artist, stocker, or other evil person up to no good. I can see them absolutely requiring a faxed signed request from the driver and or LEO. FMCSA needs to rethink this one.........there's a plan, reconsider your proposals FMCSA, yeah right, that's gonna happen!

 

[xmudman]

Two words: HIPAA laws. No receptionist is going to give information over the phone to ANYONE without the prior written consent of the patient.

 

[Turtle]

Good grief, good grief, OMG, good grief. Such a bunch of drama queens. You people should pull out your medical card and take a look at it. If you do this, you will see that there is no medical information on it. None. There is no information that can possibly violate HIPAA laws. The FMCSA will be validating the authenticity of the medical card. They will not be validating any of the medical information on the long form.

On the medical card you will find the name of the medical examiner, their telephone number, their qualification (MD, DO, chiropractor, medical assistant, or APRN) and their medical license or certificate number. That information is about them, not you. And it's public information.

The FMCSA will call that number and ask if it is the office of the medical examiner listed on the medical card. If so, they will then tell the person on the other end of the phone that they are looking to verify information, the information they are seeing on the medical card, namely, the driver's name, date of birth, the date the medical card was issued, and any restrictions that are checked on the card (like corrective lenses or hearing aids). The person on the other end of the phone will then say, "Yes, that's correct," or "No, that's not what I have here."

What you want is for the medical examiner or their office to give the first answer.

I guarantee you they are doing this because they've run across forged medical cards. All they are doing is verifying the authenticity of the card you handed them. That's it. They want to know if the "valid" medical card you handed them is, in fact, "valid".

 

[moose]

. The person on the other end of the phone will then say, "Yes, that's correct," or "No, that's not what I have here." .

AND?...Then what? if the answer is "NO", the FMCSA do not tell us what next.
ask anyone, a no dose not always mean no.
-a no might mean "i liked this driver 2 weeks ago when i had the chance to see him naked because the DoT required more then one person in the room...".{answering a simple no over the phone might grant me another look}, - bad news for the poor o'l trucker that was just awarded a 'driving without proper qualification' citation. a tow away and lost a perfectly good job.
-a no might mean {the driver is detained until a yes can be obtained}
-a no might mean {a driver is to be detained as a scare tactic until we can find something else wrong}.
sorry but as an experience consumer of the Lakeland Minnesota scale coops personals strategy's, i have some VERY good rezones to questions their integrity over this matter.

 

[Turtle]

OK, Moose, then let's hear your suggestions on how the FMCSA can verify the validity of the medical card handed to them.