Questions Frequently Asked by Medical Examiners

Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can cause significant problems for the medical examiner. What information must or can be turned over to the carrier is a legal issue, and if in doubt, the examiner should obtain a legal opinion.

Medical Examination Report Form

Although the Federal Motor Carrier Safety Regulations do not require the medical examiner to give a copy of the Medical Examination Report Form to the employer, the Federal Motor Carrier Safety Administration does not prohibit employers from obtaining copies of the Medical Examination Report Form. Medical examiners should have a release form signed by the driver if the employer wishes to obtain a copy of the Medical Examination Report Form.

Employers must comply with applicable State and Federal laws regarding the privacy and maintenance of employee medical information.

For information about the provisions of the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) contact the U.S. Department of Health & Human Services, Office of Civil Rights at the HIPAA Web site. The HIPAA toll-free information line is: 1-866-627-7748.

Medical Examiner’s Certificate

49 CFR 391.43(g) addresses the distribution of the medical examiner’s certificate. If the medical examiner finds that the driver is physically qualified to drive a commercial motor vehicle in accordance with §391.41(b), the medical examiner shall complete a medical examiner’s certificate and furnish one copy to the driver and one copy to the motor carrier that employs the driver. A release form is not required. The motor carrier is required to keep a copy of the certificate in the driver qualification file.

The medical examiner should also keep a copy of the medical examiner's certificate on file. The driver may request a replacement copy of the certificate from the medical examiner or get a copy of the certificate from the motor carrier.

Sample of Completed MEDICAL EXAMINER'S CERTIFICATE

The Medical Program Frequenly Asked Questions (FAQs) includes answers on reporting the outcome of the medical examination. As needed, the medical examiner should direct comments or questions to fmcsamedical@dot.gov.