At the end of 2023, the Federal Motor Carrier Safety Administration (FMCSA) announced that in 2024 they would begin a performance monitoring and auditing program for certified medical examiners who provide commercial motor vehicle driver exams. These audits began during the summer of 2024.
Those who do not comply with the audit or who do not pass will be removed from the National Registry. As a result, it is extremely important that medical examiners understand the steps of the auditing process and what the FMCSA looks for during the audit.
FMCSA’s New Performance Monitoring Program
The FMCSA launched the performance monitoring and auditing program to verify that medical examiners are complying with regulations when performing physical qualification exams, as well as to address any complaints made about a medical examiner or to ensure that a medical examiner is maintaining their certification.
The initial focus of the program is on medical examiners who missed the 10-year training and certification deadline, which was December 31, 2023. To maintain certification, the FMCSA requires medical examiners to complete periodic training every five years and pass the Medical Examiner Certification Test every 10 years. These requirements ensure that medical examiners are furthering their knowledge in the field and retaining the information they need to perform high-quality exams.
Compliance Requirements for Medical Examiners
Medical examiners are required to follow regulations in order to maintain their status on the National Registry. They are expected to submit medical records in a timely manner, complete periodic training and testing, and correct any errors that come up in their work.
The FMCSA outlines 11 specific regulatory requirements that, if medical examiners do not meet, could lead to them being removed from the National Registry. These are:
- Have a valid unexpired medical license listed in the ME’s National Registry account
- Provide records within 48 hours of request from FMCSA
- Submit examination results by midnight (local time) of the next calendar day following the examination
- Report when no examinations are performed during a given month
- Complete 5-year periodic training no sooner than 4 years and no later than 5 years after the ME’s certification credential was issued
- Complete 10-year periodic training no sooner than 9 years and no later than 10 years after the ME’s certification credential was issued
- 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
- Update information in the ME’s National Registry profile within 30 days of a change
- Complete assigned training by the date provided by FMCSA
- Complete training resulting from an audit by the date provided by FMCSA
- Correct errors received for CLP/CDL applicants/holders (NRII)
Auditing Process
The FMCSA’s auditing program uses three types of auditing. These are:
- Random Selection Performance Auditing, in which the FMSCA randomly selects MEs to audit to verify that the MEs are performing their physical qualification examinations according to the FMSCA’s regulations and standards
- For Cause Performance Auditing, in which the FMSCA conducts an audit for a specific reason or due to a complaint regarding the ME
- Eligibility Auditing, in which the FMSCA audits MEs to ensure that they are in compliance with the requirements to maintain FMSCA certification
When the FMSCA selects an ME for audit, they send an email to the address listed on the ME’s National Registry account. The ME has 48 hours to provide whatever examination records the FMSCA has requested. These examination records may include, but are not limited to the following:
- Medical Examination Report Form, MCSA-5875
- Medical Examiner’s Certificate, Form MCSA-5876
- Insulin Treated Diabetes Mellitus (ITDM) Assessment Form, MCSA-5870
- Vision Evaluation Report, Form MCSA–5871
- 391.41 CMV Driver Medication Form, MCSA-5895
- Non-Insulin Treated Diabetes Mellitus Assessment Form, MCSA-5872
- Any other medical records used in making a physical qualification determination
MEs must upload the requested documents into their National Registry account.
Consequences of Non-Compliance
If an ME fails to upload the requested records within 48 hours, the FMCSA will issue a notice of proposed removal. They then have 30 days to either agree to take corrective action or to state that they disagree with the proposed removal. Those who do not choose either option or fail to follow up within 30 days of choosing an option will be removed from the National Registry for noncompliance.
If this happens, MEs will need to wait 30 days before requesting reinstatement. To be eligible for reinstatement, the ME must complete the corrective actions and be compliant with all other regulatory requirements. Reinstatement is not guaranteed and is at the discretion of the FMCSA.
Future Compliance Monitoring
Depending on the results of the audit, MEs may be subjected to further monitoring by the FMCSA. This may be in addition to the corrective action that the FMCSA has requested.
MEs should keep in mind that as some audits are random, they could be selected at any time, and therefore they need to keep their FMCSA certification current and remain in regulation with the FMSCA. Additionally, MEs should ensure that they are receiving notifications and emails from the FMCSA so they can stay up-to-date on FMCSA news and potential changes to the auditing program.
Resources and Support
The FMCSA’s National Registry Resource Center provides several helpful resources and support services for MEs, including certification and auditing information. The FMCSA has also announced that they are developing a webinar to help MEs better understand the 11 regulatory requirements, but they have not posted that webinar as of this date.
MEs should utilize the resources on the Resource Center website to ensure that they are compliant with FMCSA regulations and should also ensure that they are fulfilling the necessary requirements to maintain their FMCSA certification. For assistance, contact help support at [email protected] or by phone at 617-494-3003.
Be Prepared for FMCSA Audits
The FMCSA audits are necessary to ensure that MEs are maintaining their certification and are staying within the regulations and guidelines established by the FMCSA. The audits may be random and require MEs to upload specific documentation as requested by the FMCSA. Failure to comply will result in the ME’s removal from the National Registry.
To stay compliant and pass any FMCSA audits easily, MEs can find all the information they need on the National Registry Resource Center website. MEs should also verify that they are receiving emails and Federal Motor Carrier Safety news