[Pupiltransportation] New Medical Examiner Paperwork Requirements

[pupiltransportation at listsmart.osl.state.or.us]

The following message is being sent to you on behalf of:

Sarah Drinkwater, Ph.D.
Assistant Superintendent
Office of Learning / Student Services


Summary
Under new requirements from the Federal Motor Carrier Safety Administration (FMCSA), all physical examinations of school bus drivers administered on or after April 20, 2016 SHALL be recorded on forms specified by the FMCSA.  These new forms MAY be used on or after December 22, 2015.

Background
The Oregon Department of Education (ODE) requires school bus drivers to pass a physical exam under Oregon Administrative Rule (OAR) 581-053-0040. This physical examination must also conform to the requirements of FMCSA and the Oregon Department of Transportation (ODOT) for all commercial motor vehicle operators.

Currently, medical examination report and medical examiner's certificate are only required to be "substantially similar" to the sample forms outlined in rule.  This has led to a number of different medical examiner reports and medical examiner's certificates being used, including a version of each specified by ODE.

FMCSA is implementing a rule adopted on April 23, 2015 that requires all medical examination reports and medical examiner's certificates to be recorded on forms specified by FMCSA.  (Form MCSA-5875 and Form MCSA-5876 respectively). The current implementation date set forth in FMCSA rule is April 20, 2016 with a phase in period beginning December 22, 2015.

To remain in compliance with Commercial Driving License (CDL) regulations, ODE will change the documentation required when a school bus driver applies for a permit or certificate.

The procedure changes outlined in this message only apply to driver physical exams that occur on or after December 22, 2015.  For driver physicals done before December 22, 2015 current procedures will continue to apply, including the requirement to mail original documentation to ODE.  Please note, this is NOT tied to the date submitted to ODE, but the date of the physical.

Paperwork Requirement Changes
Until April 20, 2016, you may continue to use the current Application for School Bus Driver's Certificate or Permit with the attached medical certificate filled out by a certified medical examiner. (Current procedure)

Beginning December 22, 2015, you may submit an application with a copy of the new medical examiner certificate (Form MCSA-5876) instead of the certificate that is part of the application.  This new medical examiner's certificate is provided directly to the medical examiner by FMCSA.  If they are using the new form, they will give a completed form to the driver and, by rule, to the employer upon request. (NOTE: Medical examiners are prohibited from using this form prior to the phase in date of December 22, 2015.)

Once Your Medical Examiner Is Using The New Form:
It will no longer be necessary to send the school bus driver application form with the driver to the medical examiner.  This rule change (once fully implemented) requires very specific forms to be filled out by medical examiners. The current Medical Examiner's Certificate that is on the application and the included "School Bus Driver's Physical Exam Form" cannot be used instead of the forms required in the new rule.

The best practice will be to have the driver pass the physical exam and show you Form MCSA-5876 before you have them fill out the school bus driver application form.  DO NOT have the driver fill out the medical documents that are in the application packet, in fact they may be recycled along with the tear off portion of the Medical Examiner's Certificate that is included.

If you have provided your medical providers copy of the application, please have them returned to you so that you can continue to use the application form until current supplies are exhausted.  ODE will be creating a new school bus application form to be ready for full implementation in April.

Before signing the application as the supervisor, please ensure that the driver has the proper training hours and types of training, and that the application and Form MCSA-5876 are completed in their entirety.

New forms are available on the FMCSA Website here: https://www.fmcsa.dot.gov/medical/driver-medical-requirements/medical-applications-and-forms.

Changes to Paperwork Submission:
Due to these changes, ODE will no longer require original documents to be submitted when the NEW MEDICAL EXAMINER CERTIFICATE IS USED.  Applications may be submitted by:

Mail: Submit original documents or copies by mailing to Oregon Department of Education, Pupil Transportation, 255 Capitol St. NE, Salem, OR 97310

Secure file transfer:  Scan the documents and visit https://district.ode.state.or.us/apps/xfers/. Select buslicense at ode.state.or.us<mailto:buslicense at ode.state.or.us> from the "ODE Email List" and then submit your file.  This is the safest way to transmit sensitive data electronically (i.e. social security numbers, license numbers, addresses, etc...).

Fax:  Documents can be faxed to (503) 378-5156.

Email: Scan the documents and email them directly to buslicense at ode.state.or.us<mailto:buslicense at ode.state.or.us>.

Things to keep in mind when submitting documents:

  *   Submitting electronically (fax, email, or secure file transfer) will allow ODE to streamline some process and get school bus permits or certificates returned to you faster (only mailing one way).
  *   Only submit documents once a day, and include all the driver applications in one file.  If the file is too large, then you will not be able to email, you will have to use secure file transfer.
  *   Fax machines often do not transmit both sides of a two sided document.
  *   Ensure that all documents submitted electronically are legible.  Check your scans before you email or transmit them via secure file transfer.  You will not be able to verify a fax before you send it, but start with clean well written documents and you should be fine.  Documents with missing or unreadable information will be rejected.
  *   Do not scan and email directly from a copy machine.  If you have this ability scan and email, send to yourself, then forward to buslicense. If you email directly from a copy machine, you will not know if the document is automatically rejected for some reason (i.e. too large of a file).  Also, our spam filters sometimes reject emails sent this way because of the "from" email address.
  *   Do not submit applications through email or secure file transfer directed to one of our staff.  These applications need to be submitted to buslicense at ode.state.or.us<mailto:buslicense at ode.state.or.us>.  We do not have access to each other's email, however, we can all access the buslicense inbox. If you submit directly to someone who is not present, no one will be able to process the application.
  *   Regardless of the method of submission,  applications will be grouped together and processed once a day following current internal procedures.

Applications with medical examination certificates filled out ON THE APPLICATION still need to have the original document mailed to ODE. Our record keeping requirements are different based on the medical form used.

Temporary Drivers:
If you find that a driver needs a temporary driver approval, please submit this approval request with the rest of the application documents electronically.  This will allow ODE to run only one background check (as all the paperwork arrives at the same time), and you will know that a certificate has been issued when you receive the temporary response.

Temporary driver forms will be processed at the same time as driver applications.  This means that most temporary driver forms will be returned the day after you submit them to ODE.

Other Effects of the Rule Change:
Part of the FMCSA rule change also allows a medical examiner to delay making a determination on a driver's qualification for up to 45 days.  This would be used if there is insufficient information to make a determination or the driver did not present all of the needed medical information.

The 45 days is the amount of time the driver has to see their own physician and present documentation to the medical examiner. If a driver does not follow up in 45 days, then a new physical will need to be done to determine driver qualification.  Until the driver follows up, they will not be issued a new medical examiner's certificate.

This could lead to a reduction of three month certification cards being issued to drivers who require a follow up visit.

Questions or Concerns?
If you have any questions or concerns, please contact T.J. Crockett, Program Analyst at tj.crockett at state.or.us<mailto:tj.crockett at state.or.us> or (503) 947-5724


T.J. Crockett
Program Analyst
Oregon Department of Education
Pupil Transportation & Fingerprinting
(503) 947-5724
(503) 378-5156 fax

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