Sec. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES
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## SEC. 5403 MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES **[**[49 U.S.C. 31149 note](/us/usc/t49/s31149)**]** ###
(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.
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Sec. 5403
MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER’S LICENSES
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