§ 391.43 Medical examination; certificate of physical examination.

(a)(1) Except as provided by paragraph (b) of this section, the medical examination shall be performed by a licensed medical examiner as defined in § 390.5 of this subchapter.
(2) The drug use verification procedures required by subpart H need not be performed by or under the supervision of the medical examiner. If not performed, the medical examiner shall assess compliance with § 391.41(b)(12) based on his/her observations, statements of the applicant and/or any tests performed.
(b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors as specified in paragraph (10) of § 391.41(b).
(c) Medical examiners shall:
(1) Be knowledgeable of the specific physical and mental demands associated with operating a commercial motor vehicle and the requirements of this subpart, including the medical regulatory criteria prepared by the FHWA as guidelines to aid the medical examiner in making the qualification determination; and
(2) Be proficient in the use of and use the medical protocols necessary to adequately perform the medical examination required by this section.
(d) Any driver authorized to operate a commercial motor vehicle within an exempt intracity zone pursuant to § 391.2(d) shall furnish the examining medical examiner with a copy of the medical findings that led to the issuance of the first certificate of medical examination which allowed the driver to operate a commercial motor vehicle wholly within an exempt intracity zone.
(e) Any driver operating under a limited exemption authorized by § 391.64 shall furnish the medical examiner with a copy of the annual medical findings of the endocrinologist, ophthalmologist or optometrist, as required under that section. If the medical examiner finds the driver qualified under the limited exemption in § 391.64, such fact shall be noted on the Medical Examiner's Certificate.
(f) The medical examination shall be performed, and its results shall be recorded, substantially in accordance with the following instructions and examination form. Existing forms may be used until current printed supplies are depleted or until March 31, 1997.
Instructions for Performing and Recording Physical Examinations
The examining medical examiner should review these instructions before performing the physical examination. Answer each question yes or no where appropriate.
The examining medical examiner should be aware of the rigorous physical demands and mental and emotional responsibilities placed on the driver of a commercial motor vehicle. In the interest of public safety the examining medical examiner is required to certify that the driver does not have any physical, mental, or organic defect of such a nature as to affect the driver's ability to operate safely a commercial motor vehicle.
General information. The purpose of this history and physical examination is to detect the presence of physical, mental, or organic defects of such a character and extent as to affect the applicant's ability to operate a commercial motor vehicle safely. The examination should be made carefully and at least as complete as indicated by the attached form. History of certain defects may be cause for rejection or indicate the need for making certain laboratory tests or a further, and more stringent, examination. Defects may be recorded which do not, because of their character or degree, indicate that certification of physical fitness should be denied. However, these defects should be discussed with the applicant and he/she should be advised to take the necessary steps to insure correction, particularly of those which, if neglected, might lead to a condition likely to affect his/her ability to drive safely.
General appearance and development. Note marked overweight. Note any posture defect, perceptible limp, tremor, or other defects that might be caused by alcoholism, thyroid intoxication, or other illnesses. The Federal Motor Carrier Safety Regulations provide that no driver shall use a narcotic or other habit-forming drugs.
Head-eyes. When other than the Snellen chart is used, the results of such test must be expressed in values comparable to the standard Snellen test. If the applicant wears corrective lenses, these should be worn while applicant's visual acuity is being tested. If appropriate, indicate on the Medical Examiner's Certificate by checking the box, “Qualified only when wearing corrective lenses.” In recording distance vision use 20 feet as normal. Report all vision as a fraction with 20 as numerator and the smallest type read at 20 feet as denominator. Note ptosis, discharge, visual fields, ocular muscle imbalance, color blindness, corneal scar, exophtalmos, or strabismus, uncorrected by corrective lenses. Monocular drivers are not qualified to operate commercial motor vehicles under existing Federal Motor Carrier Safety Regulations. If the driver habitually wears contact lenses, or intends to do so while driving, there should be sufficient evidence to indicate that he/she has good tolerance is well adapted to their use. The use of contact lenses should be noted on the record.
Ears. Note evidence of mastoid or middle ear disease, discharge, symptoms of aural vertigo, or Meniere's Syndrome. When recording hearing, record distance from patient at which a forced whispered voice can first be heard. If audiometer is used to test hearing, record decibel loss at 500 Hz, 1,000 Hz, and 2,000 Hz.
Throat. Note evidence of disease, irremediable deformities of the throat likely to interfere with eating or breathing, or any laryngeal condition which could interfere with the safe operation of a commercial motor vehicle.
Thorax-heart. Stethoscopic examination is required. Note murmurs and arrhythmias, and any past or present history of cardiovascular disease, of a variety known to be accompanied by syncope, dyspnea, collapse, enlarged heart, or congestive heart failures. Electrocardiogram is required when findings so indicate.
Blood pressure. Record with either spring or mercury column type of sphygomomanometersphygo-mo-mano-meter. If the blood pressure is consistently above 160/90 mm. Hg., further teststestsmay may be necessary totodetermine determine whether the driver is qualified to operate a commercial motor vehicle.
Lungs. If any lung disease is detected, state whether active or arrested; if arrested, your opinion as to how long it has been quiescent.
Gastrointestinal system. Note any diseases of the gastrointestinal system.
Abdomen. Note wounds, injuries, scars, or weakness of muscles of abdominal walls sufficient to interfere with normal function. Any hernia should be noted if present. State how long and if adequately contained by truss.
Abnormal masses. If present, note location, if tender, and whether or not applicant knows how long they have been present. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified.
Tenderness. When noted, state where most pronounced, and suspected cause. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified.
Genito-urinary. Urinalysis is required. Acute infections of the genito-urinary tract, as defined by local and State public health laws, indications from urinalysis of uncontrolled diabetes, symptomatic albumin-urea in the urine, or other findings indicative of health conditions likely to interfere with the control and safe operation of a commercial motor vehicle, will disqualify an applicant from operating a motor vehicle.
Neurological. If positive Romberg is reported, indicate degrees of impairment. Pupillary reflexes should be reported for both light and accommodation. Knee jerks are to be reported absent only when not obtainable upon reinforcement and as increased when foot is actually lifted from the floor following a light blow on the patella, sensory vibratory and positional abnormalities should be noted.
Extremities. Carefully examine upper and lower extremities. Record the loss of impairment of a leg, foot, toe, arm, hand, or fingers. Note any and all deformities, the presence of atrophy, semiparalysis or paralysis, or varicose veins. If a hand or finger deformity exists, determine whether sufficient grasp is present to enable the driver to secure and maintain a grip on the steering wheel. If a leg deformity exists, determine whether sufficient mobility and strength exist to enable the driver to operate pedals properly. Particular attention should be given to and a record should be made of, any impairment or structural defect which may interfere with the driver's ability to operate a commercial motor vehicle safely.
Spine. Note deformities, limitation of motion, or any history of pain, injuries, or disease, past or presently experienced in the cervical or lumbar spine region. If findings so dictate, radiologic and other examinations should be used to diagnose congenital or acquired defects; or spondylolisthesis and scoliosis.
Recto-genital studies. Diseases or conditions causing discomfort should be evaluated carefully to determine the extent to which the condition might be handicapping while lifting, pulling, or during periods of prolonged driving that might be necessary as part of the driver's duties.
Laboratory and other special findings. Urinalysis is required, as well as such other tests as the medical history or findings upon physical examination may indicate are necessary. A serological test is required if the applicant has a history of luetic infection or present physical findings indicate the possibility of latent syphilis. Other studies deemed advisable may be ordered by the examining medical examiner.
Diabetes. If insulin is necessary to control a diabetic condition, the driver is not qualified to operate a commercial motor vehicle. If mild diabetes is noted at the time of examination and it is stabilizedstabilizedby by use of aahypoglycemic hypoglycemic drug and a diet that can be obtained while the driver is on duty, it should not be considered disqualifying. However, the driver must remain under adequate medical supervision.
Controlled Substances Testing. If a test for controlled substances is performed as part of the medical examination, the medical examiner is to check the box next to the statement, “Controlled substances test performed” on the medical examination form. If a test for controlled substances is not performed, the medical examiner is to check the box next to the statement, “Controlled substances test not performed.” If a controlled substances test is performed under the requirements of subpart H of this part, then the medical examiner must also check the box next to the statement, “in accordance with subpart H,” and must obtain information that the results of such test were negative prior to certifying that the driver is otherwise medically qualified. If a controlled substance test is performed but not in accordance with subpart H, the medical examiner must also check the box next to the statement, “not in accordance with subpart H,” and ensure that the results of the test were negative prior to certifying that the driver is otherwise medically qualified.
The medical examiner must date and sign his/her findings upon completion of the examination.
Examination to Determine Physical Condition of Drivers
Driver's name _____} □ New Certification
Address ________} □ Recertification
Social Security No. ______
Date of birth _____ Age __
Yes No Health History
□ □ Head or spinal injuries.
□ □ Seizures, fits, convulsions, or fainting.
□ □ Extensive confinement by illness or injury.
□ □ Cardiovascular disease.
□ □ Tuberculosis.
□ □ Syphilis.
□ □ Gonorrhea.
□ □ Diabetes.
□ □ Gastrointestinal ulcer.
□ □ Nervous stomach.
□ □ Rheumatic fever.
□ □ Asthma.
□ □ Kidney disease.
□ □ Muscular disease.
□ □ Suffering from any other disease.
□ □ Permanent defect from illness, disease or injury.
□ □ Psychiatric disorder.
□ □ Any other nervous disorder.
If answer to any of the above is yes, explain:
physical examination
General appearance and development:
Good __ Fair __ Poor __
Vision: For distance:
Right 20/ __ Left 20/ __
□ Without corrective lenses.
□ With corrective lenses if worn.
Evidence of disease or injury:
Right __ Left __
Color Test ________________
Horizontal field of vision:
Right __° Left __°
Hearing:
Right ear __ Left ear __
Disease or injury _____________
Audiometric Test (complete only if audiometer is used to test hearing) decibel loss as 500 Hz __, at 1,000 Hz __, at 2,000 Hz __
Throat ___________________
Thorax:
Heart ___________________
If organic disease is present, is it fully comp-ensated? ____________
Blood pressure:
Systolic __ Diastolic __
Pulse: Before exercise _______
Immediately after exercise ______
Lungs ____________
Abdomen:
Scars __ Abnormal masses __
Tenderness __
Hernia: Yes __ No __
If so, where? ____________
Is truss worn? ________
Gastrointestinal:
Ulceration or other disease:
Yes __ No __
Genito-Urinary:
Scars ___________________
Urethral discharge ____________
Reflexes:
Romberg _________________
Pupillary __ Light R __ L __
Accommodation Right __ Left __
Knee Jerks:
Right:
Normal __ Increased __ Absent __
Left:
Normal __ Increased __ Absent __
Remarks _________________
Extremities:
Upper ___________________
Lower ___________________
Spine ___________________
Laboratory and other Special Findings:
Urine: Spec. Gr. __ Alb. __
Sugar __
Other laboratory data (Serology, etc.) _______________________
Radiological data _____________
Electrocardiograph ____________
Controlled Substances Testing
□ Controlled substances test performed—
□ In accordance with subpart H.
□ Not in accordance with subpart H.
□ Controlled substances test NOT performed.
General comments _____________
(Date of examination)
(Address of examining medical examiner)
(Name of examining medical examiner (Print) )
(Title)(License or Certification No.)(State)
(Signature of examining medical examiner)
Note:
This section to be completed only when visual test is conducted by a licensed ophthalmologist or optometrist.
(Date of examination)
(Address of ophthalmologist or optometrist)
(Name of ophthalmologist or optometrist (Print) )
(Signature of ophthalmologist or optometrist)
(g) If the medical examiner finds that the person he/she examined is physically qualified to drive a commercial motor vehicle in accordance with § 391.41(b), he/she shall complete a certificate in the form prescribed in paragraph (g) of this section and furnish one copy to the person who was examined and one copy to the motor carrier that employs him/her.
(h) The medical examiner's certificate shall be in accordance with the following form. Existing forms may be used until current printed supplies are depleted or until March 31, 1997, provided that the medical examiner writes down in pen and ink any applicable information contained in the following form:
Medical Examiner's Certificate
I certify that I have examined
(Driver's Name—Print)
In accordance with the Federal Motor Carrier Safety Regulations (49 CFR 391.41 through 391.49) and with knowledge of his/her duties, I find him/her qualified under the regulations.
—Qualified_Qualified only when wearing corrective lenses
—Qualified_Qualified only when wearing a hearing aid
—Qualified_Qualified by operation of 49 CFR 391.64
—Medically_Medically unqualified unless accompanied by a ___ waiver
—Medically_Medically unqualified unless driving within an exempt intracity zone
A completed examination form for this person is on file in my office.
Area Code & Telephone Number
(License or Certificate No.)
(State in Which Licensed)
(Expiration Date)
(Name & Title of Medical Examiner—Print)
(Signature of Medical Examiner)
(Signature of Driver)
(Address of Driver)
[35 FR 6460, Apr. 22, 1970,]
Editorial asNote:
For amendedFederal atRegister 35citations FRaffecting 17420,§ Nov391. 13, 1970; 36 FR 8452, May 6, 1971; 36 FR 12857, July 8, 1971; 43 FR 56900, Dec.see 5,the 1978;List 46of FRCFR 53418,Sections Oct.Affected 29,in 1981;the 53Finding FRAids 18057,section Mayof 19,this 1988; 53 FR 47154, Novvolume. 21, 1988; 54 FR 12202, Mar. 24, 1989; 55 FR 3555, Feb. 1, 1990; 57 FR 33278, July 28, 1992; 58 FR 59196, Nov. 8, 1993; 60 FR 38745, 38746, July 28, 1995; 61 FR 13347, Mar. 26, 1996]