Okla. Admin. Code § 260:135-5-145

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-145 - Medical examiner's certificate requirements

(a)Definitions. As used in this section: "Licensed medical professional" shall be a person who is listed on the National Registry of Certified Medical Examiners, and also be one of the following:

(1) medical doctor (M.D.),

(2) doctor of osteopathy (D.O.),

(3) chiropractor,

(4) physician's assistant (P.A.), or

(5) advanced practical nurse (A.P.N.).

(b)Submission of medical examiner certificate. The following persons shall submit to Service Oklahoma and maintain with Service Oklahoma a current approved medical examiner's certificate, and any variance if applicable, signed by a licensed physician authorized to perform and approve medical examiner's certificates:

(1) Every applicant who is subject to the requirements of 49 C.F.R. Part 391 and is applying for an original, renewal, or replacement commercial license, and

(2) Every person who is currently the holder of a commercial driver license and is subject to the requirements of 49 C.F.R. Part 391 and who does not apply for a renewal or replacement license prior to January 30, 2014.

(c)Retention of medical examiner's certificate. Service Oklahoma shall maintain medical examiner's certificates pursuant to the requirements in 49 C.F.R., Parts 383 and 384.

(d)Failure to deliver or maintain medical examiner's certificate.

(1) If a person fails to deliver to or maintain with Service Oklahoma his or her medical examiner's certificate as provided in subsection (b):

(A) the person, if an applicant for a commercial driver license, shall not be granted commercial driving privileges; or

(B) the person, if currently the holder of a commercial driver license, shall be downgraded to a Class D driver license by Service Oklahoma. The person shall surrender the commercial driver license to Service Oklahoma.

(2) If any person in (d)(1) later delivers a medical examiner's certificate to Service Oklahoma:

(A) the person, if an applicant for a commercial driver license, may be reconsidered by Service Oklahoma for commercial driving privileges; or

(B) the person, if previously downgraded to a Class D driver license by Service Oklahoma, shall be eligible to obtain commercial driving privileges, if the person is otherwise eligible.

(e)Requirement to possess medical examiner's certificate. Until January 30, 2014, any person required to maintain a medical examiner's certificate for the purposes of operating commercial motor vehicles shall have in his or her possession a copy of the certificate, along with the variance if applicable, at all times when operating a commercial motor vehicle.

Okla. Admin. Code § 260:135-5-145

Transferred from 595:11-1-17 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023