Enhanced Auditing of Medical Examiner Noncompliance in 2024

In January 2024, FMCSA will be enhancing its comprehensive medical examiner (ME) performance monitoring and auditing program. Part of this program will include an increase in the Agency’s monitoring of MEs for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). There are 11 regulatory requirements that MEs must comply with as part of their certification with the National Registry. Failure to comply with the following regulatory requirements outlined in the FMCSRs may result in the removal of an ME from the National Registry:

1. Have a valid unexpired medical license listed in the ME’s National Registry account
2. Provide records within 48 hours of request from FMCSA
3. Submit examination results by midnight (local time) of the next calendar day following the examination
4. Report when no examinations are performed during a given month
5. Complete 5-year periodic training no sooner than 4 years and no later than 5 years after the ME’s certification credential was issued
6. Complete 10-year periodic training no sooner than 9 years and no later than 10 years after the ME’s certification credential was issued
7. 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
8. Update information in the ME’s National Registry profile within 30 days of a change
9. Complete assigned training by the date provided by FMCSA
10. Complete training resulting from an audit by the date provided by FMCSA
11. Correct errors received for CLP/CDL applicants/holders (NRII)

In 2024, FMCSA plans to begin taking action to remove MEs for noncompliance with all of these requirements but will start in January 2024 with MEs who have failed to complete the required 10-year periodic training and/or pass the 10-year certification test as the first certified MEs were due to complete these requirements by December 31, 2023.

For MEs who are required but have failed to complete the required 10-year periodic training and/or pass the 10-year certification test by December 31, 2023, a formal Notice of Proposed Removal (NOPR) from the National Registry of Certified Medical Examiners (National Registry) will be issued to them via the professional contact email address provided in their National Registry account. The NOPR will outline the reason for removal and provide specific details of correction action(s) that the ME must take to avoid removal from the National Registry. FMCSA stresses the importance of thoroughly reading and completing ALL required corrective actions to avoid removal.

After an NOPR has been issued, the ME will see a notification in their National Registry account that prompts them to take the following actions:

1. Acknowledge, through the ME’s National Registry account, that they will take the corrective action(s) outlined in the NOPR or that they disagree with the NOPR. If the ME believes FMCSA has relied on an erroneous reason, in whole or in part, in proposing their removal from the National Registry, the ME can select the option to disagree with the NOPR but must explain the basis for their belief that FMCSA relied on an erroneous reason in proposing their removal for FMCSA to review and respond.

PLEASE NOTE that if the ME has not acknowledged that they will take corrective action(s) in their National Registry account as instructed in the NOPR, the ME will be removed 30 days from the date the NOPR was issued. If the ME acknowledges that they will take the corrective action(s) through the ME’s National Registry account, the ME will have 60 days from the date the NOPR was issued to take corrective action(s) as specified in the NOPR. An example of what the acknowledgement notification in the ME’s National Registry account may look like is provided below.

NRCME Enhanced Auditing 1

2. Once the ME acknowledges that they will take the corrective action(s) outlined in the NOPR, they must complete all corrective actions (e.g., completing, entering details, and uploading proof of completion of the 10-year training into the ME’s National Registry account and/or passing the 10-year certification test).

3. Once all corrective actions have been completed, the ME must log into their National Registry account where they will see a notification that they must respond to indicating that all corrective actions have been completed. An example of what the notification may look like is provided below.

PLEASE NOTE that this confirmation is a regulatory requirement and is outlined in the NOPR. MEs who fail to indicate completion of all corrective actions in their National Registry account as indicated in this step, will be removed from the National Registry and will no longer be authorized to perform physical qualification examinations of interstate commercial motor vehicle drivers at the end of the 60 days.

NRCME Enhanced Auditing 2

If you receive an NOPR for failure to complete the required 10-year periodic training and/or pass the 10-year certification test by December 31, 2023, you should immediately take the steps outlined in this email and provided in the NOPR, to correct the issue(s) and avoid removal from the National Registry.

To assist MEs in understanding the 11 regulatory requirements listed above that must be met for continued listing on the National Registry, FMCSA will be posting an informational training webinar on the National Registry website in the coming months. MEs will be notified by email when it is available.

5 Year Medical Examiner Refresher Training

To maintain your certification as a Medical Examiner listed on the National Registry of Certified Medical Examiners, you are required to participate in periodic training offered by FMCSA no sooner than 4 years and no later than 5 years after the date of your certification by FMCSA. However, FMCSA acknowledges that there have been delays in releasing the training to Medical Examiners. Due to these delays, FMCSA previously notified MEs that the Agency will not take action against affected MEs for noncompliance with the regulations for not completing the training within the five-year time frame and would provide adequate time for the training to be completed once released. The periodic training is now being made available to all certified MEs that are either currently due or past due.

The periodic training is available through your National Registry account and must be completed by no later than December 31, 2022. Please log into your National Registry account and select Periodic Training Due from the menu options to access the periodic training. Once on the periodic training screen, follow the instructions to download, complete, and certify that you have completed the periodic training. To receive credit for completion of the periodic training, you must print the certification of completion, enter you name, sign and date, scan and save a copy on your computer for upload to your National Registry account. You must then return to your National Registry account, select the periodic training menu item, upload your certificate of completion, and click “Certify Completion of Periodic Training.” Please be sure to retain a copy of your certificate of completion for your records. If you fail to complete the periodic training as scheduled, you will no longer be certified to perform physical qualification examinations of CMV drivers, and you will no longer be listed as examiner certified Medical Examiner on the National Registry.

Please contact the National Registry Technical Support Help Desk at This email address is being protected from spambots. You need JavaScript enabled to view it. or (617) 494-3003 if you have questions regarding the periodic training.

Refresher Training Statement Update for March 2019

The following statement was released by the FMCSA in December of 2016:

"To remain eligible for listing on the Federal Motor Carrier Safety Administration's (FMCSA) National Registry (NR) and as required under 49 CFR 390.111(a)(5)(i) Certified Medical Examiners must maintain medical examiner certification by completing training and testing requirements. FMCSA will provide the required (5) year refresher training online to Medical Examiners at no cost. Medical Examiners eligible to take the (5) five-year periodic online training will be notified by FMCSA when the training is available and the examiner is able to access the training site."

Please insure your National Registry account Profile information page is accurate and current. 

Presently the refresher course in not available. Certified medical examiners will not be removed from the national registry under this rule. Certified medical examiners will be notified by the FMCSA via email when the training becomes available. 

For any questions or concerns regarding refresher training please contact the FMCSA Medical Program Office at 202-366-4001.

 

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