OOIDA challenges medical guidance in Part 391

Rule violates Congressional mandate for formal rulemaking, OOIDA contends

Posted November 15, 2016

The Owner-Operator Independent Drivers Association (OOIDA) is challenging the Medical Advisory Criteria appearing in Appendix A to Part 391.

According to information provided by OOIDA on its website (i.e., Land Line news), a petition for review was filed in the U.S. Court of Appeals for the 8th Circuit in St. Louis. OOIDA’s arguments in the case are due to the court by December 19, 2016.

The crux of the matter is that FMCSA published a final rule to revise its current medical exam forms in April 2015. Contained within the final rule was Appendix A to Part 391, Medical Advisory Criteria, which was not a part of FMCSA’s proposed rulemaking. The Appendix has guidance for Medical Examiners (MEs) on handling the diagnosis and treatment of respiratory dysfunctions such as sleep apnea.

OOIDA argues that the guidance provided to the MEs violates legislation passed by Congress and signed into law by President Obama in October 2013. According to the law, FMCSA is required to go through formal rulemaking in regard to any regulations associated with sleep apnea.

The Medical Advisory Criteria have been provided to MEs in the past for guidance when performing medical exams, but were never a part of the safety regulations.


DOT Medical ExamsJ. J. Keller's DOT Medical Exams: The Complete Guide is a comprehensive medical exam reference for motor carriers, drivers and medical professionals.

 

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