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How a medical examiner gets on the National Registry

The National Registry is not a directory that clinics opt into. It is a certification scheme with an eligibility test, a mandatory training programme, an exam, a ten-year credential, a fixed retraining schedule and a documented removal process. All of it sits in 49 CFR Part 390 Subpart D, sections 390.103 through 390.115. If you are a driver choosing a clinic, or a clinician deciding whether to get certified, this is what the rule requires.

Who is eligible at all

Section 390.103(a)(1) sets the professional gate. To receive medical examiner certification from FMCSA a person must be licensed, certified or registered in accordance with applicable state laws and regulations to perform physical examinations, and must be one of: an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional authorized by applicable state laws and regulations to perform physical examinations.

That list is wider than most people assume. A doctor of chiropractic and a physician assistant are both explicitly named. The operative constraint is the state authorization to perform physical examinations, not the specific degree.

The order of operations, which the rule fixes

The remaining paragraphs of 390.103(a) have to be done in sequence, and the sequence is part of the requirement.

  1. Register first. Under 390.103(a)(2), the person must register on the National Registry website and receive a National Registry number before taking the training. Training taken before registration does not count.
  2. Complete a training programme meeting the requirements of 390.105 (390.103(a)(3)).
  3. Pass the certification test provided by FMCSA and administered by a testing organization meeting 390.107, where the organization has electronically forwarded the completed test information to FMCSA no more than 3 years after completion of the training (390.103(a)(4)). Let more than three years elapse between training and test and the training has to be redone.

Section 390.109 covers issuance of the FMCSA medical examiner certification credential once those steps are complete.

Staying listed

Section 390.111(a) lists five continuing obligations. The examiner must continue to meet the requirements of 390.103 through 390.115 and the applicable requirements of Part 391; must report any change in the registration information submitted under 390.103(a)(2) within 30 days; must continue to be licensed, certified or registered and authorized to perform physical examinations under the laws of each state in which they examine; and must maintain documentation of that state licensure for each such state plus documentation of all required training.

The documentation duty in 390.111(a)(4) carries two different deadlines, which is unusual enough to be worth quoting: the examiner must produce the documentation within 48 hours of a request for investigations, and within 10 days of a request for regular audits of eligibility.

The retraining and retesting schedule

Section 390.111(a)(5) sets the maintenance cycle against the date the credential was issued:

Section 390.111(b) then says FMCSA will issue a new credential valid for 10 years to an examiner who complies with (a)(1) through (4) and successfully completes the training and testing in (a)(5). Note the "no sooner than" in both windows: early training does not count, which catches people who try to get ahead of the deadline.

Why an examiner gets removed

Section 390.113 opens by saying FMCSA may remove an examiner who fails to meet or maintain the qualifications in 390.103 through 390.115, the requirements of other applicable regulations, or the requirements of 49 U.S.C. 31149. It then gives a non-exhaustive list of reasons, and the list is informative about what the agency is actually policing:

Section 390.115 sets out the procedure for removal. The existence of a documented procedure, rather than a discretionary delisting, is the reason the registry is worth checking: a listed examiner is one the agency has not removed under a process it has to follow.

The VA track, which is genuinely separate

Sections 390.123 through 390.135 run a parallel scheme for qualified Department of Veterans Affairs examiners: certification under 390.123, training under 390.125, testing under 390.127, credential issuance under 390.129, continued listing under 390.131, and reasons and procedure for removal under 390.133 and 390.135. This matters to drivers because of the limit in 391.43(b)(2): a certified VA medical examiner must only perform medical examinations of veteran operators. A VA-track examiner is not an alternative for a non-veteran driver.

What this means when you are picking a clinic

The one hard rule is 391.43(a): the examiner has to be on the registry. Everything above tells you what being on it involves, and suggests a few things worth asking:

The listings in this directory carry the certification dates the source register publishes and a last-checked date on every card. They are a convenience for finding and comparing clinics, and they are not the National Registry. For a definitive answer on whether an individual examiner is currently listed, check the registry itself or ask the clinic for the number and verify it.

Questions

Which professions can become certified medical examiners?
49 CFR 390.103(a)(1) names advanced practice nurses, doctors of chiropractic, doctors of medicine, doctors of osteopathy, physician assistants, and other medical professionals authorized by applicable state laws and regulations to perform physical examinations. In every case the person must be licensed, certified or registered under state law to perform physical examinations.
How long is National Registry certification valid?
Ten years. 49 CFR 390.111(b) provides for a new credential valid for 10 years to an examiner who meets the continued-listing requirements and completes the training and testing schedule in 390.111(a)(5).
What training does an examiner have to do to stay listed?
Under 49 CFR 390.111(a)(5), periodic training no sooner than 4 and no later than 5 years after the credential was issued, and then no sooner than 9 and no later than 10 years, periodic training plus passing the certification test again. Early completion does not satisfy the requirement, because both windows have a "no sooner than" bound.
Can a medical examiner be removed from the registry?
Yes. 49 CFR 390.113 lists the grounds, including failure to meet the continued-listing requirements of 390.111, errors or omissions indicating improper certification, issuing a certificate to a driver who did not meet the standards at the time of examination, failing to comply with 391.43, and falsely claiming to have completed required training. 390.115 sets out the removal procedure.
Can a VA-certified examiner do my DOT physical?
Only if you are a veteran operator. 49 CFR 391.43(b)(2) states that a certified VA medical examiner must only perform medical examinations of veteran operators. The VA certification track itself runs through 49 CFR 390.123 to 390.135.
Does the examiner have to register before training?
Yes, and in that order. 49 CFR 390.103(a)(2) requires the applicant to register on the National Registry website and receive a National Registry number before taking the training that meets 390.105. Separately, 390.103(a)(4) requires the test information to reach FMCSA no more than 3 years after the training was completed.

Related

Get told when the register changes

Licenses lapse and get renewed constantly: in the current data nearly a quarter of the records in one state register have already expired. We re-check the registers and email a short summary of what moved.

One email when the register data is refreshed or a rule changes. No more than monthly.