Pub. L. 114-94, div. A, tit. V, subtit. D, sec. 5403 (as amended)

MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES.

Year: 2023Length: 389 wordsOfficial source
SEC. 5403. [49 U.S.C. 31149 note] MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES. (a) In general.—In the case of a veteran operator approved by a qualified examiner, the qualified examiner of such operator may, subject to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance with the requirements of section 31149 of title 49, United States Code. (b) Certification.—The certification described under subsection (a) shall include— (1) assurances that the examiner performing the medical examination meets the requirements of a qualified examiner under this section; and (2) certification that the physical condition of the operator is adequate to enable such operator to operate a commercial motor vehicle safely. (c) National Registry of Medical Examiners.—The Secretary, in consultation with the Secretary of Veterans Affairs, shall develop a process for qualified examiners to perform a medical examination and provide a medical certificate under subsection (a) and include such examiners on the national registry of medical examiners established under section 31149(d) of title 49, United States Code. (d) Definitions.—In this section, the following definitions apply: (1) Qualified examiner.—The term “qualified examiner” means an individual who— (A) is employed by the Department of Veterans Affairs as an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional; (B) is licensed, certified, or registered in a State to perform physical examinations; (C) is familiar with the standards for, and physical requirements of, an operator required to be medically certified under section 31149 of title 49, United States Code; and (D) has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate. (2) Veteran.—The term “veteran” has the meaning given the term in section 101 of title 38, United States Code. (3) Veteran operator approved by a qualified examiner.—The term “veteran operator approved by a qualified examiner” means an operator of a commercial motor vehicle who— (A) is a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code; and (B) is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States Code. (e) Statutory Construction.—Nothing in this section shall be construed to change any statutory penalty associated with fraud or abuse.
Cross-references to the US Code
49 U.S.C. 31149 note
Pub. L. 114-94, div. A, tit. V, subtit. D, sec. 5403 (as amended): MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES. | Justis AI