The agency did not publicize the bulletin, which was published on the agency’s National Registry of Certified Medical Examiners website.
The clarification says FMCSA “recommends that, if a medical examiner believes the driver’s respiratory condition is in any way likely to interfere with the driver’s ability to safely control and drive a commercial motor vehicle, the driver should be referred to a specialist for further evaluation and therapy.”
Further, if an examiner suspects a driver may have sleep apnea or the driver reports a diagnosis, the examiner should “consider referring the driver to a specialist for evaluation” before the driver receives medical certification.
The agency has taken heat over its lack of clear-cut guidelines for medical examiners on screening for and treating obstructive sleep apnea. Its hands were also tied by Congress in 2013, when lawmakers passed a bill that forbids FMCSA from pursuing guidance to address sleep apnea screening and rather directed the trucking regulator to use the formal rulemaking process instead.
The bulletin, published Jan. 12, is a reminder to medical examiners that there is no guidance, and instead refers them to advisory materials published in 2000, which notes the above recommendations on screening and evaluation.
The agency also “encourages” examiners to consider several other points:
