U.S. rules don’t require doctors to use official DOT medical certificates

OTTAWA — Canadian doctors do not have to complete official U.S. Dept. of Transportation medical forms because U.S. Federal Motor Carrier Safety Regulations don’t say they have to, according to Transport Canada.

The agency is using the argument to try to convince the Canadian Medical Protective Association, an Ottawa-based legal defence group representing 56,000 doctors in Canada, that it should rescind a recommendation that its members no longer conduct physical exams Canadian truck drivers need in order to operate in the United States.

“Nowhere do the regulations state that the form that doctors fill out has to be issued by the DOT,” said Brian Orrbine, senior advisor, road safety programs, at Transport Canada. “The rule says the certificate must be in accordance with a form outlined in the FMCSR (Federal Motor Carrier Safety Regulations).

“We’ve been in correspondence the DOT on this and they’ve agreed in writing that the regulations do not specify a particular required form. Commercially produced forms may be use if these forms meet all of the requirements of the code of regulations [Article 391.43].”

The DOT does produce its own medical certificate, “Form 12.”

The CMPA has maintained that completing paperwork issued by the DOT would increase the doctor’s exposure to legal liability. DOT medical forms constitute U.S. legal documents, the group reasoned, opening the door for a person injured in the U.S. by a Canadian driver to sue the doctor should the driver’s medical condition at the time be called into question. The CMPA doesn’t protect members for work performed on behalf of jurisdictions outside Canada.

The CMPA said a reciprocity agreement between the U.S. and Canada on driver medical qualifications does not sufficiently reduce the risk of medical liability for Canadian doctors until March 31, when a 90-day waiting period following the official Dec. 30 date of the agreement expires.

Orrbine said he has approached the association about the U.S. regulations and has not yet received a reply.

A CMPA spokesman was unavailable for comment to NewsFIRST.