- Part 1 [You Are HERE] – Can A DOT Medical Examiner Refuse You A Medical Card Unless You Have A Sleep Study Done?
- Part 2 – DOT Physical And Sleep Apnea Testing: Are Medical Examiners Caught Between A Rock And A Hard Place?
- Part 3 – Commercial Driver Awareness About The Sleep Apnea Issue
- Part 4 – OSA: How To Know If You Have It
- Part 5 – Commercial Drivers Can Manage Sleep Apnea And Maintain Their CDL
Commercial drivers are being told by some DOT medical examiners that they must be tested for sleep apnea before they can get a new medical card.
We’re seeing much confusion and frustration in the questions drivers are asking us on our FAQ forum.
“Does you neck have to be a certain size? They tell me I have to have a sleep study”
“The doctor our company sends us to says anyone with a BMI above 35 automatically has to take the expensive tests from his company’s sister sleep test division…”
“Some examiners are requiring drivers to go have sleep studies done based solely upon BMI and neck circumference. How can that be? “
“My husband who is 53yrs old just went for a physical to renew his medical card. They told him because he was over 50 and his neck was 17.5 he had to do the sleep study. I’ve been told by others that the age criteria is 55 and if neck is over 17in. Which is correct? “
“I recently went in to renew my CDL and everything checked out normal. However since I was over the age of 42 and I am a male, the doctor gave me a 45-day temp card and told me before he could give me my 1 year medical card I had to get a sleep apnea test done. My neck size and my BMI checked out normal. Can he do this to me? “
So why are so many people – doctors, as well as drivers – confused on this sleep apnea issue?
We’ve attempted to follow the breadcrumbs over time, to see how this predicament developed.
- 2008: The Medical Review Board recommended that the FMCSA require all drivers to be screened for obstructive sleep apnea.
- 2008: A health panel recommended to the Medical Review Board that CDL medical certification be conditional based on body mass index (BMI).
- The National Transportation Safety Board was one of the parties alleging a clear connection between driver sleep apnea and safety.
- May 2010: In response to such concerns, the American Sleep Apnea Association, the American Trucking Associations and the FMCSA co-sponsored a national Sleep Apnea & Trucking Conference about sleep apnea’s effect on truckers.
- April 20, 2012: FMCSA published a Proposed Regulatory Guidance for obstructive sleep apnea (OSA) and request for comment.
- April 27, 2012: FMCSA published a withdrawal notice on its Proposed Recommendations on Obstructive Sleep Apnea.
- September 12, 2013: A proposed sleep apnea bill was introduced, and passed the House and the Senate, requiring that FMCSA establish a formal rule rather than guidance relating to sleep disorders.
- October 15, 2013: The sleep apnea bill was signed into law by the President. The law forbids the Federal Motor Carrier Safety Administration from using guidance alone to address sleep apnea screening for drivers. It requires that if the agency take action regarding sleep apnea screening, that it do so via the formal rule-making process, and not guidance. Note: The law does not require that the FMCSA create a sleep apnea rule.
The ‘sleep apnea bill’ signed into law on October 15, 2013 forbids FMCSA from using guidance alone to address sleep apnea screening for drivers.
Put In A Nutshell
FMCSA has been called on their lack of proper rule making procedures regarding sleep apnea screening i.e. how to determine who should be tested.
The last response we can find from FMCSA on this issue is that “FMCSA will issue a notice to address obstructive sleep apnea through the formal rulemaking process after collecting and analyzing the necessary data and research.” As we publish this article, there is still no information available from FMCSA regarding sleep apnea screening.
There is currently no ruling by the FMCSA for sleep apnea screening on DOT physicals.
DOT Medical Examiners
DOT medical examiners are finding themselves caught between a rock and a hard place on this issue, as they are held responsible for ensuring that a driver is medically fit to drive a commercial motor vehicle.
Employers
Your employer may have more strict requirements and is allowed to impose their own screening criteria. A company must a least meet the FMCSA medical requirements. However, company policy may impose stricter standards than those required by FMCSA.
Thanks to Trucker Docs expert panel doctor, Dr. Kenn Seals, for contributing to this article.You can find Dr. Seals at Chiro Stop in Salt Lake City, UT.
I’m a non cdl driver who has had a cpap before I ever started driving 15 years ago, I go in for my dot physical because my company requires it . Only to find out my cpap is not reporting the right information. I use that cpap religiously now it says I’m not compliant. My workplace has to take me out of the truck, so now I’m home not working taking a vacation day. This is absolute bullshit. It’s like I have to prove I’m not a liar.. what am I supposed to do?
@ Robert F
Our first question would be ‘why is a certified medical examiner holding you to a class A, interstate driver, cdl standard?’ Medical examiners should know the difference between federal DOT/FMCSA regulations and your states requirements. You are a non cdl holder, so you fall under your states guidelines and variances not DOT/FMCSA. Confirm with your local drivers license department regarding non cdl medical requirements. Then find an examiner that knows the difference. You should be issued a short medical card to allow for the CPAP readout errors to be corrected.
Are there any legal cases against Concentra regarding me needing a sleep study and not accepting my regular doctor’s opinion that I do not need a CPAP machine and do not have any symptoms of sleep apnea. HE filled out the required forms, we got all the requested paperwork to Concentra and the physicians assistant who did the test says she wants a sleep study anyway, Holding me hostage as I can’t get an extension on the CDL medical card from them.
It seems there should be a CLASS ACTION suit somewhere!!
@ Verle
Since there is no DOT/FMCSA regulation or law regarding a sleep study for cdl holders, then this company is acting irresponsibly. Go some where else and have your medical exam done there. No known class action suit that we know of, but there should be.
Can I get a recertification for 3 months while I wait for my “cpap” machine? My DOT Med card expired last week.
@ Jay
Check with your examining physician.
I recently had to return to concentra for a physical. I had gone over 2 years ago and doc wanted me to do a sleep study I knew I didn’t need and gave me 3 months. I went to a different clinic for another opinion told them what the first said and they gave me a year no sleep study needed. Now I was forced to go back to concentra this year and doctor refused to give me any medical card because I was told over 2 years ago to do a sleep study which I didn’t do. I explained I got a second and even third opinion that deemed it not needed. He didn’t care refused to give me anything other than disqualified and even threatened to report me to dot and fmcsa. I spoke with e screen who we use for our physicals they double check it. They told me to ask my safety manager to go elsewhere. When I asked my safety manager he refused saying that would be “doctor shopping” and he’s not sure how the other clinics let it go before. He said apparently “by law” this doc isn’t allowed to give me another certification because I didn’t do the study before. I was gonna pay out of my pocket for a different clinic and was told doing so they wouldn’t be allowed to certify me and if it got back to work that they did I would lose my job. Being forced to do a sleep study to which they already scheduled for me to get equipment the day after study even though they don’t know I need it yet. I feel stuck and don’t know how to fight this any further. Currently on loa as they won’t let me work because I technically don’t have a medical card now. What should.i do from here? Can my personal doctor give a exception?
@ Dale W
Get a note from your primary physician stating there is no need for a sleep study, because you do not show the multitude of signs that should accompany OSA. It seems that you are being held against your will by a company and a facility [Concentra] that is in bed with a sleep study group. (conflict of interest?) Everybody has the right to a second opinion. Elon Musk famous words come to mind. Tell em’ ‘go @#&%* themselves’ A better job awaits you. Get a new medical examination done, elsewhere, and a new valid medical card. They can’t report you to DOT/FMCSA, for requesting a second opinion. Scare tactics?
I got a 2 year clean dot physical from my certified dot examination guy who by the way is a Chiropractor At a health And rehabilitation center That is on a national registry for d o t physicals I went to get a new job at a company who does not accept. Chiropractor dot physicals and required me to get another physical done by concentra and they said that I was recommended to get a sleep study done does that Super seed the d o t physical I got done by my dot that I already had done
@ Jonathan s
If the clinic input your data to the national registry and gave you a short medical card, then yes it will supersede you other card. The facility you went to is in bed with sleep. study groups (conflict of interest?)
So I got a dot medical for 3 months because of my BMI and neck the dot physician recommended I get a sleep test done and gave me 3 month
3 months pass and I go to another doc same clinic same thing 3 months pass after that and I go to another clinic and got my 2 years without my sleep test can I get in trouble for not doing the sleep test?
@ John
Nope.
Weight on paper first time 300 5’7
Second time 270 third time 200
If a DOT driver fails a physical because the doc wants him to have a sleep study, how long does he have to return those results before he’ll have to have another DOT physical? And, does he have to have another DOT drug test as well?
@ Carrie L M
Your driver should have been given a short medical card to allow him the opportunity to get the sleep study done. If the driver feels this is an incorrect assumption by the medical examiner, he can go else where for a second opinion.
There is no drug testing done at the time of a medical certification examination. Urine sample is for blood, protein and sugar only. It is likely that he will have to repeat the medical examination. That is a DOT/FMCSA recommendation.
D.o I have to use the machine for 30 days.
@ Miguel B
30 to 90 days with a 70% usage compliance, according to DOT/FMCSA for Class A drivers.
How do you get medical card if I’m for CPAP machine
@ Michael L H
See your other answer, then take your readout when you go for a new medical card.
My medical card is basically being held hostage over a sleep study for apnea. Something I don’t have, *MY* Drs. know I don’t have, do not have the symptoms or signs of, no issues with, etc., & he’s making a mountain out of mole hills to order it. This jerk isn’t even my Dr. He’s not even a “Dr.” He’s a Physician’s Assistant. He is also known throughout the company for sending anyone he possibly can for a sleep study any chance he gets for any excuse he can come up with. His excuse for me is I have high BP, BMI, & asthma. But not really—I’m a mild asthmatic. So mlld that sometimes my inhaler usually expires before I use it all. & it’s only a problem in the winter. He tried to put me on preventative steroids with 5 mins.! I have mild fibromyalgia & don’t take meds for it because it caused me more issues, so yes, the chronic pain elevates my a BP little to the high end of normal & I had a migraine the day I was sent to him. I have hypothyroidism, even weight loss surgery failed & I hadn’t been on medication for it because I lost my previous job & had no insurance. All reasonable explanations & no serious issues or limitations. He’s an arrogant jerk, not using any common sense, & only issued my medical card for 3 months. Personally, I think he’s running a sleep study racket. He wouldn’t be the first. My company insists that I have to finish this with him or else it’s “Dr. hopping” & I’m not allowed to choose my own Dr. How do I get around this, get my medical card, & stop this abusive jerk?
@ Sher C
You are not doc shopping if you demand a second opinion, especially if you know you do not have a sleep disorder. Go elsewhere for a second opinion.
If your doctor says you don’t need one then have him write it down for you and give it to your medical examiner. They can’t go against your doctor. I know I had the same problem and my doctor said a lot of times the place is working with the sleep study to make profit.
@ Mark
We agree.
So I’ve decided to get a 2nd opinion for my Dot Card. One I found through this website. Previous examiner wants results from a sleep study bc my BMI is 33.5 and neck is 17.5 and I’m 48. Even though I told the examiner I’ve never had issue with sleeping in my life. Anyways, I did call some sleep study places and almost all of them are like “Wait list for a study is like 2-3 months out” WHAT? I can’t go that long without working. So my question is, if this new examiner I get a 2nd opinion from somehow tells me I need to get a study done, do they at least give you a temporary DOT card for 3 months or so, so you can at least still work while you’re waiting to take this unnecessary sleep test?
@ John Z
DOT/FMCSA NEVER established a required sleep study be done, based solely on BMI and neck size. You must present with a multitude of signs and symptoms before a sleep study is requested. Go for the second opinion with a CME that is not in bed with a sleep study group.
I am going through the same process right now
So I went in for a DOT exam, company sent me to Concentra. Age 48, BMI 34 Neck 17.5
Examiner tells me I need to go get a sleep study be I can be cleared. Like really, just by those 3 things I need to go do all that? I told the examiner that I don’t even snore or ever been told I snore or have any of the signs associated with Apnea. So she didn’t give me my DOT card. My question is, am I allowed to go to another DOT examiner and get a new physical done with them? One that I choose rather than who the company I want to work for sends me to? I think its wrong to make someone take such tests on merely a hunch they have apnea.
@ John Z
Yup, this medical exam facility is in bed with a sleep study group and has a major conflict of interest. Go somewhere else for a second opinion.
I took the home sleep study test and the results were 20.2. Just over the max 20. I believe just wanted to sell me the machine. The o2 sensor cut the blood supply off and I had to call the company and get permission to change fingers. The instructions said under no circumstances to move once the test began. I will use the machine to be compliant, but can I go to a real sleep study clinic and if I test below 20 can the cpap requirement be removed?
@ Clifford J
Most likely.
I had to get sleep test results were mild sleep apnea. Dot examiner said I need to start using cpap, gave me 90day cert. Wasn’t really doing me any good in fact I got less rest less sleep using it so I quit using it because I didn’t feel safe driving. Went back in 90 day not compliant didn’t renew my med card gave me 5 days to get compliant so I did then gave me 6 weeks and just could not feel safe driving after using cpap tried explaining that to examiner showed him where concentra and fmcsa doesn’t require cpap for mild apnea only moderate to severe. Did not matter to him he wasn’t going to renew my card we had an exchange of words some of which I wish I never said but basically amounted to him not being a doctor and how can you determine what is best for me and I walked out. Now of course I’m out of work. What do I need to do to get my med card back? I sent away for a second opinion from an online company called workstart have you heard of them and if comes back mild do I still have to use cpap?
@ James E
Get a second opinion from something other than a ‘Doc in a Box’ who is not getting a kickback from a sleep study facility.
I have, well, had, a valid DOT medical card through May of 2024 as I just did a new DOT Physical today (March 2, 2023). As a conditional job offer, the company requires (and paid) to have a new DOT physical done. They sent me to Concentra. The nurse told me, even before the doctor came in, that he was likely going to require me to get a sleep study, and he was right. I was given a new medical card that is only good for 3 months, as I need to comply with getting this sleep study done, and if results are good, the doctor will extend the card to 2 years.
When looking up questions on google, a lot of the answered were credited to Concentra. I am skeptical after reading some of these posts, that Concentra even cares, that they likely get a kick back from the company they refer (pamphlet I was given by Concentra, is for a company called betternight).
I am thinking of getting a second opinion from the doctor I used when I got my first DOT exam (as I only got my CDL in June 2022). COULD this other doctor, if they don’t think a sleep study is needed, just issue me a 2 year card without a sleep study?
@ Jason R
Yes. The company you were sent to has a record of the type of behavior you just experienced. Go get a second opinion.
I am a 59 yr old female from Texas, had my Class A since ’07. Other than high blood pressure which I have been taking a BP med for, and have since had the dosage lowered because it was causing my BP to drop too low, I have no other issues. I have answered all the sleep apnea questions in the negative, yet because my BMI is over the accepted number, I was told last year, I would have to have a sleep study done this year or my Med Card would not be renewed. I was told that while the FMCSA has never made a definitive ruling on requiring drivers to get a sleep study, they have left the decision on whether to enforce it or not, to the discretion of each Medical Examiner. The one I have seen the last few years is forcing the issue this time. Is there nothing that can be done other than going from one ME to the next and being told the same crap??? This is an absolute farce & just another way to get money!
@ Michelle
We agree, but your main option is to find a driver friendly CME that is not getting some type of kickback from the sleep study people (conflict of interest).
My husband renewed his dot physical last year 2022 and it expires 2024 but did not turn it end to the company so they told him he had to take another this year they sent him to concentra and because his neck size was a17 the dr tells him he needs a sleep study done and only have him three months what should he do
@ Erika
When you have to go to a doc in a box that is in bed with a sleep study facility (conflict of interest) it’s what you get. Go get a second opinion from somewhere else.
So do I turn this medical card in to my state
@ Erica
If you got a new medical, then take it to the state. If no new medical, either go get a new one or turn the one from doc in a box in.
i am class a cdl holder in pa, For last few yrs have been getting dot physical, company. have always had a printed report of cpap usage to take with to dr. This year when requesting re report, i am rolt my cpap machine is too old, and nothing has been recorded off it , so now i have no report to take to DOT dr. what can i do and will this affect my getting hew card?, thank you
@ Michael R
Since you are on a cpap, the medical examiner must see your compliance report. He may, if he chooses, give you a short medical card so you can get a reading report done.
I’m a long time CDL holder and 3 year ago decided to get a sleep test because wife says I snore. I was diagnosed with MILD sleep apnea with a score of 11.4. a neck size of 12. No other health problems whatsoever. It was suggested I make some lifestyle changes including lose weight ect.
I lost 35 lb. Feel great. Recently they still would not let me renew my med card without a new test. Which I did…and it was inconclusive. So now they have me a 6 month card and want me to retest…..I am feeling HARASSED now as even the first diagnosis wast not severe enough for me to be disqualified from full DOT compliance!
Mild sleep apnea with a score below 15 are still DOT compliant with no other requirements or treatments.
@ Richard P
You need to get a second opinion from somewhere else. There is no reason for a retest.
i lost a job hauling mail because of this bs. Its another way to suck money out of our pockets. Its ridiculous
On October 8th, 2022
My youngest daughter had an atv accident that required that she be life flighted. Both me & my wife were stressed out but able to pull it all together. I hadnt eaten allday & niether had my wife. The next mornin, I had waffles at the hotel for breakfast, I was starvin because of all the stuff that occurred & resulted in me not eating allday. I also attended orientation with a new carrier. They sent me to Concentra. Concentra pushed that dumbass sleep apnea BS on me after taking a urine sample & supposedly gettin a reading of 213dl glucose in my urine. Their quack of a doctor didn’t even do a damn physical. The idiot never checked my breathing, heart beat, BP, peripheral vision, looked in ears, mouth or eyes. He jus asked questions. Then took a measurement of my neck. 18″. He then weighed me & came up with a BMI of 35%.
I called BS & here’s why. I graduated in 1995, I weighed 180lbs because of conditioning for both football & wrestling & I joined the Navy. The Navy don’t use BMI because it’s very inaccurate, instead, they have their own standards for measurement. Using those standards with my current overall measurements I’m still eligible to join the Navy, providing I had a waiver for age. Ive gained 26lbs after leaving high school over 20 years ago. I weighed 195lbs when I came out of the Navy. Added 11lbs since leaving the Navy in 2000. 11 lbs in 22 years. I have 12% body fat according to Naval Standards. 35%BMI.
Yall see the difference yet. How is it that I can still be eligible to join the Navy, but not healthy enough to pass a physical. I took a bloodtest to see if I had diabetes. Got the results, submitted them to Concentra. They refused the independent results because the test wasn’t performed by their quack. I went & took a physical at my primary. Passed. Got a 2yr card. The company I was working for, refused to honor the new physical, even after 1 of their safety team member rode with me to Concentra & witnessed them refusing the test that proved I was healthy
@ Joshua C
Good reason not to use the ‘Doc in a box’ chain facilities. They are in it to make money, not work with the drivers.
sucks man I lost a job running the mail, it was concentra as well… went to my dr and 10 roads wouldnt accept it
I’m in the same boat I had mild apnea 8.5 ahi. Concentra Saud to use cpap couldn’t tolerate it went back non compliant did not renew I’m getting 2nd opinion. What your saying is 10 roads won’t except 2nd opinion? Or do I have to go back to concentra?
Same here. Work for a moving company and they said I can’t go get second opinion. Mild sleep apnea. Concentra refuses to give me one bc I can’t do cpap. I tried. Even pointed out info on their own website about mild sleep apnea.
@ Nichole
The examiners you are being forced to use have a ‘conflict of interest’ because they are in bed with a sleep study facility.
Hi so my husband got his dot done and then got his cdl everything was all good his medical card was good for 2 years. He started with a company and they did their own dot and their dr said he needed a sleep study , he did the sleep study and was 5points over so they gave him a machine and told him that he needed to show compliance with it for 30 days but he has nothing but trouble with it. He has had a hard time finding masks to fit him , the machine doesn’t want to keep signal to show his data. He unsure if he does’nt show the compliance what will happen considering he already had a dot will this hender his job or will this also hender his dot and cdl. Any advise on this please. I should also state that he was told that since he was only 5 points over if he could at least lose 20 lbs he could get restested which he has done he is just waiting for them to retest him
@ April P
You are in a waiting game now for the retesting to be done and new results. Hopefully it will flip the need for the c-pap and you will not any further issues.
I was diagnosed with sleep aponia, and a CPAP machine are not even being made because of the cancer related problems with them, I lost 40lbs and changed my habits, I sleep much better and for some reason the sleep center will not let me retest after these changes, what can I do? Should I get a lawyer, call the insurance company?
@ Albert S
You may need to take legal action for your rights.
My husband was given a 3 month med card. While waiting to get in with the doc time ran up fast. They said he can get the test done next week and it could take up to 3 months for him to get a cpap machine. Is there a waiver or extension he could get while waiting on the machine?
@ Shanna
There is no extension for this. He could go for a second opinion. If he has OSA, then he will need 90 day re-out before getting a new DOT/FMCSA medical certification examination.
Hi I’m a truck driver out of California i just did my second sleep apnea test last night. Im required to show proof that i been using the cpap machine for 30 days but i still haven’t gotten my machine yet since I just did the 2nd test like i mentioned so my question is what happens if I don’t have a cpap machine and my medical expires in less than a month from now?
@ Migurl
Explain your situation when you go for your new medical card. The CME may offer a short card until you can fulfill the requirements.
I am a 49yr old female, with a BMI of 39 was told won’t give me a medical card unless I do a sleep study along with paperwork from cardiologist. I was told not even a 3mth card till I get in for sleep study. What do I do? How can the Dr say your not fit? They are going by a chart that has someone extra fit before kids, aging !! They need to revise that crap!!!!!
@ Paula
DOT/FMCSA does NOT have a mandatory sleep study requirement unless you have a multitude of signs and symptoms. There is no such chart that the CME goes by. If the CME has an interest in a sleep study facility, then there is a conflict of interest. Go get a second opinion some where else.
Based on your article and what I read on Fmsca I believe that doctors cannot legally refuse medical cards based on assumptions of sleep apnea by neck size alone.All research I have done shows it is not medical fact but assumption. Other symptoms must be present. Even to qualify for a test per sleep study programs.Doctors need to be stopped from this practice.I’m following a complaint with NJ medical board
I agree. I have no symptoms other than a larger neck size and they said I need to do a sleep study. For what? I don’t snore or stop breathing. On the other hand, this small necked teammate I had has sleep apnea, but got away with it because his neck is small. He can wake up a whole neighborhood with his snoring and freaks me out when he stops breathing for like 2 minutes.
@ Cyn
Any CME that is basing a sleep study on neck size or BMI has not read or understand that OSA has a multitude of signs and symptoms. DOT/FMCSA has no set rules for a sleep study based solely on these two conditions. Or the examiner/facilities are in bed with a sleep study facility. Conflict of interest?
I went for a pre-employment dot physical, doctor refused to give me the medical card issued for 2 years due to employer requested that the medical card be sent to them. Doctor also refused to provide me a copy. So my question is. it is legal for them to that since we can’t operate without the medical card? And if is not legal what can I do?
@ Lisa R
It’s a strange thing, but it seems that if the company pays for the test then they feels they have the right to keep the information. Best bet would be to talk to a legal expert.
Let’s start a class action lawsuit. Write down your story in a notebook from the beginning with dates, doctors name, the company you worked for and how long you been unemployed. Also call those doctors and ask for all your medical records and the sleep study doctors and cpap supplies company.
Ask who have they shared your information with? Your company, the DOT database the cPap supplier. Also ask for all the up loaded information that has been sent to the dot doctor and cpap supply company. Ask and get the name of who is reading that information and you want a copy of all results from the beginning. We all know what is happening is wrong and we need to do something about it. I worked for Averitt Express and their DOT doctor is having fraudulent home sleep studies done in a hotel room in orientation and putting that on drivers medical cards and it’s not a supervised sleep study in a sleep lab. I am going to sue all three. But if you want to start a class action lawsuit I will make it happen and working on it right now. Richard Burnette 423 355 4025 call if your interested.
I’m interested. I’m 59yrs young, been driving for my employer 24 yrs. Asthmatic, diabetic, hbp, bmi slightly over limit for my height 5 ft. Since my initial DOT for this year, my company has changed DOT places due to they say contract ran out n they only had 2 companies to reply n they went with the cheapest of course. 1st place gave me a 3 month card n I went got a statement from my doctor whom had said he had monitored me n don’t see no need for a sleep study n he will not order one. If they want me to take one then they should order it n pay for it. I haven’t had no accidents, no falling asleep. 2nd company will not accept my doctors statement. Being diabetic I questioned there procedures in how they were doing things (one size cuff for blood pressure, no pricking of finger for correct reading of blood sugar, etc) we end up having words n they fudged my numbers were I wouldn’t pass physical all because I’m challenging sleep study. They will not accept another companies certification. I’m out of work now.
I’m interested Joel Goldman 43, Joelgoldman5454@gmail.com
Celadon
I did not get the job with celadon after I was Forced into a sf sleep study, which according to them I just went over the company policy limit, of 21 limit was 20.
They had a machine for me which I had to pay for, but b4 I could drive I had to do 1 night with the CPap to prove compliance. 1st night failed I couldnt sleep and ended up with a asthma attack and allergy attack, night 2 (RETRY) failed even though I had the mask on for bout 5.5 hours it only registered 3.75 hours of recording. I told the company I sf keeping way worse now then b4 this testing. Celadon said you must repeat again to be hired. I said I had enough I wasnt going to retake the test for a 3rd time. There for I was let go
Is this law suit still going on
@ Terri
Since there was never a FMCSA regulation regarding the issue of a mandatory sleep study, then anyone suing, must be suing the doctor or facility.
I am a class B driver just told to go get a sleep study. Do you know of any lawsuits against individual DOT docs? Were any successful for the patient or is it “fighting City Hall”?
@ Mark McG
You are a class B driver and fall under the states variances, not FMCSA. You should not be tested as a class A driver. Get a second opinion from a CME that understands the difference. There is no mandatory sleep study testing, unless there are a multitude of additional symptoms.
Tucker Docs, This is not true. I work at a bus company right now and am at war with my insurance company over getting an approval. They say I don’t meet the symptoms. Well, It was ordered and I cant get the test all because of the Insurance company wont approve the 350 dollar test. Our bus company is regulated under the FMCSA. I assume it is because we go out of state.
@ Kdawg
First, what is your cdl class. This determines the level of testing and requirements of the examiner. Second, unless you have a multitude of signs and symptoms for OSA, there is no mandatory test requirement from DOT/FMCSA. Go get a second opinion.
I went to get a pre-employment medical card recertification, I was told I was a male, over 50, bmi was over 35, and neck size is 17 1/2 inches that they would not and no-one will give me a card until I have done a sleep study. Does this have to be done? Can they refuse to give me a card?
@ Bryant J
Go somewhere else, other than a doc in a box facility, and get a second opinion. You are being taken for a money ride that FMCSA does not require, unless there are other OSA indicators.
Can we get a 2nd opinion? I was told the results are put into a national data base. Will the DMV see that we had 2 test completed and then take our CDL away? The whole thing is BS. DOT needs to step in and fix this.
@ Vince
If you feel the need for a second opinion, then you have the right for one and the DOT can question the examiners not you.
I am a new CDL driver with just a permit. I do not have a Class A license yet. My DOT Medical Card expires before I can take a sleep study test. I have already visited the “Sleep Dr.” I have documentation of the appointment and scheduled test. Concentra is telling me they can not extend my 3 month card.
What can I do?
Do I let it expire and go see another DOT qualified physician?
@ Eric
Unless you suffer from excessive daytime sleepiness or show any other signs of OSA, we would recommend you go get a second opinion from another CME.
Dont use concentra, stay away from them
I went to renew my medical card in mid January. He gave me a 6 month card and said I needed a sleep test before performing any of the physical. I have no symptoms other than my weight and my neck is 17 inches. He told me I was going to be entered into a data base with Fmcsa. He said if I don’t take care of it in the 6 months that fmcsa would pull my license. He also gave me paper work for my dr and said I have to come back to him and can’t get a second opinion because it’s already sent off to the fmcsa. And if I do get a second opinion and they give me a card for 1 to 2 years that it won’t be good. Can someone give me a straight answer?
@ Jason
Someone is really taking advantage of this situation. Fire this guy. Go get a second opinion from any registered DOT medical examiner. Who ever enters the last information to FMCSA is the new / active medical card.
This is exactly verbatim word for word what is currently happening to me. I went to get a DOT physical from a specific DOT physical doctor that my company required. Because I am overweight weight and my neck size is 17.5 in he said I have to go get a sleep study done I have never had sleep apnea and I sleep just fine through the night no symptoms whatsoever. The DOT physical examiner issued me a six-month card and told me the exact same thing the other guy said I would be entered into a National Database I can’t go get a second opinion anywhere and if I tried to get another opinion it wouldn’t be valid and it would red flag be in the system. I do not have the money to go get all of these tests and I do not feel they are necessary on top of that I have severe claustrophobia I cannot wear anything on my face I can’t even go get a test done because I will completely wig out. I only have one month left on that 6 month medical card I really need to find out what I can do if I can go get a second opinion or not. I’m afraid this will cause me to lose my CDL my career and my means of income
@ Pat
Go get a second opinion, you are being mis-lead.
So I went for my recert today, 10/27/17 and everything was good except that I’m 51 over weight and my neck size it 19in. I was given a 4 month medical card, and was told I need to get a sleep apnea test within those 4 months. Also my employer tells me I am only allowed to go to the doctor/clinic they tell me to go to. So? what are my rights concerning this? MUST I get a sleep apnea test done, and MUST I only utilize the doctor/clinic that my employer sends me to? And if I refuse can they fire me?
I don’t see a response to this question. I am basically in the same boat and was wondering what the answer would be.
Thank You
I”M exactly in the same situation .
I’m in that same situation..sence they try to force this on me my blood pressure is up.(never before)I’ve not laid down in bed in days.i nap at my desk in the truck.its almost 2am. Now, still up at my desk..had 3 nose bleeds today.im barely making it.and the company says they will take the sleep study and machine cost out of my check every week..I didn’t have any sleep trouble till this .I never had high blood pressure till this..I passed two physicals, one in deer Park Texas, then again in Pittsburgh PA.now I have a blood pressure issue..the med make me cough and that makes my nose bleeds..Concentra created my health issue.so now after having my license to drive trucks with hazmat for 39 years, Concentra uses them to black mail me.?!!
I am 29.5 year teamster .I drive for a waste co.. I have over 30 years driving experience with no major accidents in either my work or private vehicles. I have also never been injured on the job. Last Jan I made an appointment to have sleep study done after listening to my wife complain on how load my snoring was and how she had heard /read that it could be a sign of sleep apnea. I took the ” in home test ” . I was contacted by the sleep study company and told I had sleep apnea. I then met with a representative from Cape Medical who supplied e with c/pac machine. I was informed that I had to be in 70% compliance over a 90 day period for my insurance to pay for the machine. I f i did not meet the required aamopu8nt of usage I would have to pay for the machine myself. After a month or so I could not get used to this machine and sent it back. My deposit was returned and that was the end of it. So I thought. Last Tuesday 10-10-17 my company sent me to the clinic to get my physical to renew my D.O.T health card. I had told them 2 weeks prior that it was to expire on the 11th . But I end up the 24 hours before it expires ? Now during my physical the dr. asks if I ever had sleep test done and I say yes. I tell them the story and they inform me I am in error by not staying on the machine and now they will not sign off on my card ? I m totally in the dark on this ? I was never told by anybody that I had to stay on the c/pac and show I use it a minimum of 4 hours per night. At this point im pissed off and uncertain on what to do. I contact my Dr. and they say they can’t do anything . I call Cape medical who supplied me with my c/pc and they say i need to see my dr. and do the sleep study all over aging ? I then offer to just buy the machine out of pocket so i can begin using c/pac and get my health card and they say ok. My cost would be $1200 + . I tell the Dr. of my plan nd he grants me 3 month health card.Today I see my Primary DR. and I ask him instead of getting a c/pac machine can I simply get off this whole system. I said I don’t snore and have incorporated more exercise into my lifestyle. He is a good guy and writes up a report stating I feel I am in no need of machine and in good health. I take the letter to the other Dr. and he is not happy to say the least. Threatens to void my card there on the spot. he says he made a deal with me that I would pay and get a machine .I tell him for the last 5 days myself and my wife have been on the phone with the supplier of the c/pac and my insurance and have gotten the run around. My ins. says they wil pay for it and Cape Medical says several different things. 1- I need to see my primary Dr. and have a sleep study done all over again. My ins. says not the case. If sleep test was done within a year I don’t have to ? Bay Medical then says well the prescription my Primary sent over is not good enough ?? My ins. says thats bs. The lack of info and the contradicting info from Bay medical was beyond belief. My head and my wifes was spinning .I told the d.o.t Dr I was never told anything about this sleep study having any impact on my Commercial license . Not by My Doctor . Not by Bay Medical or by my employer at any given time. I was 100 % in the dark on this issue . As I write this I am not even sure I will have a job .Im distressed and aggravated. The DOT DR. was going to call my Primary Dr. but that office was closed for lunch from 12-2. So as I stated I have no idea what will happen to my livelihood. I f I do infract lose my health card what is if any recourse do I have .
My co. sends me to get dot physical day before expiation. Back 6 month ago I took a in home sleep test cause on some days I felt a little tires and wife said I snore more often. OK. No biggy. I do test they say I have a sleep disorder. I get machine and jut cant adapt to it. I notice no difference anyways on nights I kept it on. I say it not working send it back n end of story. WRONG ! I am not tired at work and have since altered my lifestyle so I naturally cured my occasional tiredness. Now yesterday at dr. office im told they have no records of my sleep compliance and they will not sign off on my card ?? I am dumbfounded ?I said at no time was I was never told such a thing by the company that issued the machine or my Dr.that I had to keep using this machine to get my card. So as of today my card expires. The lack of info on this issue is deafening ! If I had known prior I would NOT do the test. I don’t know if I can salvage my card today or not when I talk to my primary care Dr. by either getting a waver or going for anew tet . Talk about a fuckn mess ! This is why we need less Government in our lives!
Sleep Atnia test just another scam for medical organizations to get a referral kick back by referring you to some other faculty to get this unnecessary test done.
The formulation is flawed it does not take into consideration the fact that there are humans of different body frame size as in bone structure.
Small medium large and extra-large bone frame
And claiming that if you’re 6 feet tall and over 235 pounds and have a next size of 17 1/2 that you must be obeast overweight not true.
I’m pissed off I pay hundred dollars to get a physical for my DOT card and the next thing I know I’ve been told all you need to take a sleep Atnia test and pay $350-$400 nonsense .
This is nothing more than racketeering running a scam . Just a guess but I’m sure more drivers suffer a heart attacks strokes and seizures than have sleep Atnia.
Do they want to hook us all up to EKGs nonsense.
This is nothing more than a racket.
The Attorney General’s office needs to step in and shut this nonsense down.
The formulation used Texans no consideration the fact that humans come in different body bone structure size.
And to single out those who have A particular neck size or body weight and height is prejudice when body frame size is not part of the formulation for their determination.
How dare health organizations suck you in for a required physical for DOT and then say oh well going to recommend that you take a sleep acne test BS and it’s going to cost you $350-$400 more bullshit.
It’s not the law there are no statutes And all it is is doctors giving referrals and getting kickbacks.
Insult.
Your 100% right, it’s criminal. My DOT Doctor said ” look you gonna make a lot of money just get the test done. ” Now that’s gangster. Now I have no job and looking at homelessness.
Some things not true 1 out of 3 have sleep apnea they don’t need to be fat or have a high BMI my brother had it he is not a commercial driver and told that he don’t use it he will lose his license I been on it for eight years anyone can have it…yes it is discrimination but federal dot doc can lose their license if someone is in a crash with this condition…. there is a group of users pushing sleep study for all thru dot due to discrimination that means all people who drive a vehicle will have to undergo this testing it is in the works
@ James
If the examining doctor does a proper evaluation and uses in depth questioning, with honest answers, then testing would not be a mandatory issue. Unfortunately, there are those facilities which use the guidelines for profit, not honest evaluations of the drivers condition.
Drivers. Need to strike nation wide to protest this in justice to cdl drivers only this should require all licensed drivers to comply to this same rule
If my fiance has sleep apnea and is on a cpac machine. What are the chances of him being able to work again not longhaul but daily commercial driver in california. And how to deal with examination.
@Jill
Should not have any issues. He needs a medical release form from his doctor along with his most recent readout from his machine demonstrating a 70% compliance over the last thirty days.
Can DOT examiner force me to take a sleep study by telling me he will give me a 5 month card if I don’t get a sleep study done he will not Renew medical card
@Daniel
The CME can not force you to do anything. If you feel that he/she is being unfair in their determinations, then you can go elsewhere for a second opinion.
Hey the sleep center here in Alcoa Tennessee said I tested positive for sleep apnea but in my family we don’t have any trace of any medical condition I am like freaking out and don’t know what to do how can I handle this situation and I am only 37 and I am losing weight went from 325 down to 273 but still don’t know what to do.
@Curtis
Depends if the diagnosis was mild, moderate, or severe?
Not true because you have to tell the second doctor that it’s a second opinion and then they will agree with the first doc out of professional courtesy. Otherwise you say nothing and it’s doctor shopping
That’s why you don’t tell them about the first Dr. The 22nd opinion needs to be based solely on the new exam. If they both come to the same conclusion then there maybe a need to consider the test. If not then the 1st Dr could be misinformed or misunderstand DOT requirements since they have been trying to pass a law on it.
Went in today for my datacard to be read. it came back that i used the machince 25 out of the 30 days with 5 days not used and 2 days under 4 hours .. it sayd that i was 60% for over 4 hours. How is this figured out . According to my math 23/30 is like 76%. is there something im missing or do they just make this shit up
@Wesley
The Medical Expert Panel’s minimum recommended compliance is:
4 hours of CPAP sleep per day, 70% or more days.
23/30 is 76%!
Can I be forced to take this sleeping disorder test, because of my being a truck driver who is over 50?
@Terrence
No. There must be a number of medical conditions indicated before a sleep apnea screening is needed.
the way i understand it, there are no rules set in stone, it is totally at the discretion of the Dr.
It sucks, but I see the DR’s side, if you kill someone after they don’t test you, they could be liable.
I go at the end of the month, thinking i’ll have to get the damn thing, but figure out how to hack it, so that it records usage when not in use.
35 yrs safe record means nothing. BS!!
I was told I needed a sleep apnea test done based on 18 inch neck and BMI of 35 the doctor suggested the same affiliated hospital,how can I know they won’t say I have it just to get me for cpap machine costs?
I had a dot physical done based on my bmi and neck measurements the said I had to get a sleep test. They a device to wear at home to watch my o2 stats overnight. After they said they could give me a 3 month card and would have to have a full sleep test done during the 3 months. My problem is I am going to be with out insurance for 6 months before I get coverage from my new job. My question is can I get a second opinion before I turn paper work into the DMV and use that?
Here’s my thoughts. Went to our medical examiner today for my yearly recertification. I only get 1 year at a time because I take blood pressure meds. I answered all the questions truthfully about sleeping habits and snoring. I don’t snore. I don’t fall asleep in the middle of the day. I have had a CDL since it was a chauffer’s license. Been with the same company since 1991. I’ve never fallen asleep behind the wheel of a truck or anything. The doctor comes in and immediately starts in on me about my weight and my height and my BMI. It’s frustrating. It’s almost like discrimination. It’s fat shaming. It’s wrong. He says I need a sleep apnea study (again) based on his little numbers and his little chart. Starts telling me “where I need to be … and how much I should weight.” I tell him I don’t want one nor do I think I need one. I answered his questions truthfully. He goes into this long rant about losing weight. About how to eat right and how to exercise. Then he starts telling me about football players dying in their sleep.
Still, I refused. I said I don’t want or need a sleep apnea test. I don’t want Government and doctors telling me I need to sleep with some sort of contraption strapped to my face.
In the end, it’s like discrimination and I don’t like it. I don’t tell these people “where they need to be.”
I’m 50 years old. Been driving trucks since I was 21.
Do I have to give in to these people and accept the testing against my will just to keep my CDL license?
@Scott
No you don’t have to give in to people who treat you as a “transaction” rather than a professional driver.
Find a medical examiner who understands the commercial driving industry, who will give you a professional health examination according to the FMCSA regulations and guidelines and make a fair assessment that protects public safety.
Hi,
When I worked for Schneider National they MADE me get tested and pay $1,500 for machine. They monitor me while I was employed with them. Test was done mobile on my wrist. I stayed in a hotel room…Couldnt sleep well being in hotel and having the monitor on me. They said I failed test. Okay fine..I played there game lost $ Left SN and SA machine behind.
Ive been driving for 2 yrs at another company. They have NEVER brought up SleepApena.
Went to get re cert today and I checked box about SA..The Doctor said he needed my printout before he can approve. Is he right for asking me this? Personally, I dont think he has the right…He told me to come back with a weeks worth of monitoring before he will sign off on it.
How can you do that when your going for the new job and at the mercy of going to the new company doctor
I was told when one doctor request a study you are put in a federal data base and if another doctor signs you clear and then involved in a accident the second doctor would be liable. So I was under the assumption you couldn’t go to another facility. I’ve since lost my cdl and has impacted my life in a severe way. It’s been a horrible experience. I didn’t have insurance and couldn’t afford to jump through the hoops that were set in front of me.
I took the sleep study a few years ago, and have been using a cpap machine ever since. My doctor who did my dot physical this morning, for the second year in a row, told me that he was told that if I use a cpap machine for sleep apnia, he can not issue me the two year health card, only the one year certificate. I have all the compliance documents, including the printout proving that I use my machine. I was told by a MNDOT officer last year, that there is no requirement in regards to the two year health card, meaning that it is totally up to the examiner if he gives you the one or two year certificate. I want the two year, is my doctor misinformed? I think he is.
@Jon
FMCSA guidelines state that the CME should certify for one year only. So your CME is correct and the MNDOT is not using the same FMCSA guidelines. All of this is based on you being an interstate OTR Class A driver. If that situation is different then you may be falling under the states CDL variances. If that is the case then you want to check with your local drivers license department.
i have a CPAP machine, what length of time do I need to show the Dr. to get recertified ? I have been on the machine for just over a year, since being diagnosed at the medical examiners insistance at my last physical
@Chuck
Basically the last thirty days with a 70% compliance for at least 4 hours a day. If your unit will give a longer report that supports your usage, even better.
Hello, I am a driver of 28 years that has OSA and have been under the care of a DR for my OSA. I have an older machine that I am very comfortable with and maintain an excellent amount of sleep. I have to take a physical to return to work, which I have no problem with except for a Dr at an urgent care here in NJ that wants me to get a new machine. She said I will only give you a 3 month cert and I want 30 days of numbers, only then will I pass you for your re-cert. My OSA DR says I do not need a new machine if I am fine with the one I have. Granted my old machine only has hours of use not the numerical breakdown that newer machines have. I guess my question is, can I retain my old machine and fight this Dr about getting a new one. What can I do, it seems that this young Dr has this I know it all attitude. Thank you for your time
@Bill
Get a medical release form from your OSA doctor explaining that you are in good shape with what you have. Second, stay away from the “Doc in a box’ places. You will have a tough time finding someone who know their FMCSA business. Go and get a second opinion from somewhere else with the medical release form in hand.
I have been on the CPAP full faced mask for around two years now and I am miserable. I get way less sleep, constant headaches due to lack of sleep and have to put on mask hours before I fall asleep just to reach the four hour minimum per night. DOT doctor does not really care that I have these problems just as long as my print out from the machine says I am reaching the four hours. I simply can’t use this machine even with the help of sleep aids. I hear the commercials all the time about getting rid of the machine and getting a custom mouth piece for severe sleep apnea. But I do not know if this will be acceptable to the doctor or Colorado state law. And I can’t find any material stating the requirements. Does anyone know the requirements?
@Joe
First, were you diagnosed with OSA and if so to what extent, mild, moderate, severe?
Based on those findings would then determine the second question. Have you tried a low profile mask to date? If your OSA is a mild version and you have not tried a low profile mask, then try one out.
If your sleep doctor can support that you get as good or better sleep and are better rested following the use of a customized mouth piece, then get the doctor to complete a medical release form for you and have him explain his reasoning for shifting from the CPAP to a mouth piece.
The CME must meet FMCSA rules and needs the input from your primary doctors regarding this issue, but with proper documentation, you should have a better go at it.
Joe,
Where are you in Colorado? If you are in the Denver area give my colleague dentist Dr. Gary Radz a call and tell him I referred you (I’m in NJ). He is certified in constructing a MAS (mandibular advancement splint), or as you say mouthpiece, that should be able to solve all your problems. He can confer with your physician about your sleep study to see if you are a candidate.
Best,
Doc M
I just got a promotion to a great new job driving truck for the city. I need a new medical card and went to renew and discovered that I will most likely need a sleep study. What the hell! I am wondering if all medical examiners require this or just some. Are there any who dont? I really can’t afford a sleep study right now!
@Jonathan
There are no new rules or regulations regarding sleep study needing to be done. If you do not demonstrate a multitude of other symptoms other that neck size and BMI, then find someone who understands the FMCSA guidelines and have them administer the DOT examination.
I am having the same problems getting my medical card based on my physical appearance and nothing else, they all been telling me unless I go have a sleep study done they can not issue me a medical card, so now I am unemployed because of it, is there anyone out there that knows if we can file a class action lawsuit on the medical industry for denying us a medical card strictly based on our general appearance only, because it sounds a little like discrimination and profiling and nothing more than a money making scheme and the trucking industry is losing a lot of good drivers over it. p.s. one of the reasons I don’t go out an humor these so called doctors is because I am unemployed and I have no insurance to cover the expensive cost that would be involved. please let me know if we are entitled to open a class action lawsuit. thank you
If you find out anything I would like to know please. I was just told I have to have a study done or will not be recertified.
I was waiting to see if any suits have popped up and nothing yet. I am suspecting that most drivers are told this is the law and they believe it. I am considering a visit to an attorney in June if they try to force me into the testing. You should get a lawyer and start the process by yourself. From there they will start a notification process to see how many drivers they can get involved. If the FMCSA sees this happening I think we would see them back up on this issue. To me this is nothing more than a money grab.
Why is there a rumor going around that once you have a DOT physical by one doctor you can’t get a second opinion? I was given a 90 card by a DOT physician set up by a new employer. The reasoning was that my BMI was 2 points higher than limit (mines was 35 and the limit for my height was 33). I was told I had to have a sleep study done and due to the high demand for these studies in my area my card expired 2 days ago and I just got an appointment today for a clinic 60 miles away on the 15th of Oct. I went back to the doctors on the 23th thinking that they would give me another 90 day card until i got the sleep study worked out. The doctor told me to spite that fact that there is not one thing wrong with me she couldn’t give me another card, which I believe she is lying. My bosses want to send me to another doctor but are under the belief that I must always go to the same doctor. I didn’t think this sounded right and after reading your comments on here i now know it isn’t. I will be calling my employer tomorrow and set up an appointment with another doctor. Thanks
My husband got a dot physical at concentra in erlanger ky, the dr. Told him he needed a sleep apnea test and only gave him a 90 day physical card, I read this and he got a second dr today 11-5-2016, he got his physical card for 1 yr.hurray and the dr.is dot certified, so concentra is running a skam
Very similar situation for me. 5-star urgent care wouldn’t issue a temporary card as they felt my CPAP compliance reports were not meeting 70% 4 hr./ day jargon.
Can anybody find a rule that says 30 day temporary can’t be issued while I ‘ earn’ an acceptable 30 day compliance report.
Yep they just pulled the same b.s. on me at 5 star in Jamestown. Everything was good for a 1yr card but because they have their own policy about sleep studies I was only given a 3 month card and “required to get a sleep study”. This is noting more than a money making scam for these greedy pricks.
Not all Concentras are jerks
Last yr I was in Tulsa PASSED
This yr in Memphis NOT PASS
Concentra just did it to me said I’m 50 yrs old and a BMI of 35 gave me a 30 day card I’ve been driving 30 yrs. I’m fucking done with driving thanks government and concentra for profiling
BTW trucking jobs pay less/ the same as then 30 yrs ago.
You bet concentra is running a scam!!! My husband has been out of work for months due to them! They gave him 30 day card and told him come back with your mandatory is a results. Again, unemployed no insurance, had to wait for medicaid to start. Then concentra changed mind. Said no card without another exam plus another fee AND our medical board will decide if you get a card at all.
What do these rent a doctor’s know about osa ?????
Concentrate in okc told me that doctors were fmsca certified and my files was shared with other doctors and if they issued me a card and I was in a accident the second doctor could loose their license. So hearing this and no insurance my career was over
Concentra as of 4/13/ 2017 was told from head office all doctors will require a sleep study for anyone 30 to 35 BMI or above. REGUARDLESS of anything else. Still thank that doc in TN that called me to tell me not to use them anymore. No other symptoms of Sleep apnea got my 2 year with out a problem but my BMI is 37. So drivers until one of us wins the lottery and wastes it on a lawsuit we will never win this fight unless WE change it. Wait we cant even give a Sh$T about each other anymore. Anyways avoid Concentra period
Don’t worry about getting your freight moved guys. Hillery has promised to bring in 600,000 Syrians in her “first 100 days.” With the new automatic transmissions it will only take a couple weeks to turn out a bunch of new drivers who won’t need c-pap machines.
Schneider National has told me that I have to have a sleep test. I expect to lose my job in the next couple days.
I have been a hard charger for every company I have worked for since 1989. I won’t “comply.”
Go get another physical done by a dot dr look it up
help what docs dont require a sleep study i just lost my job
Don’t feel bad I am facing the same discrimination out look, because I have been unemployed now for around 3 months and I trying to receive unemployment Insurance but so far not much luck. I wish that enough of us could find a way to file a class action lawsuit on Concentra Urgent care for discrimination because that is the only reasons I was denied was my BMI & Neck size and nothing else.
OK I was told the same thing and when I went to my personal doc she said that I don’t have sleep apnea and I don’t need this but set it up anyways only to find out that he sleep study place is backed up 5 months out so I will have the same problem I will lose my job also now what can be done for us people
So, what is the legal recourse we have as drivers against being forced to take a sleep apnea test? The FMCSA guidelines seem awfully discriminatory as is singles out drivers that are overweight. From what I’ve heard about the testing it sounds like the system is set up so you fail no matter what.
@Shane
If you read these articles on sleep apnea testing you’ll see that overweight is not an FMCSA regulation to single out drivers for testing.
If you feel that you have been singled out and you do not have sleep apnea, then go to a different CME for a second opinion, or choose your DOT doctor wisely as we say on this site!
My son’s company requested and paid for a physical so that he could continue to drive a box truck for his company. Due to the circumference of his neck and BMI they are now requiring him to go through his own insurance for a sleep apnea test that could potentially cost him more than $1500. He has no symptoms of sleep apnea and sleeps quite well. He works in Virginia and we live in Maryland. Does my son have to pay for this test? He drives with a regular class C license. Thanks for any assistance you can provide.
@Mona
Get a note from his doctor that says he has no signs of sleep apnea and go to a different CME for a second opinion.
Will do! Thank you!
I just had some dealings with this and the DOT physicians have requested a letter from a sleep study physician and not from a regular physician. Another hurdle.
Can my husbands employer force him to pay for the sleep testing here in Washington State? He isn’t even driving a truck that requires a CDL yet they want him to take this test which will coast us over $2000 out of pocket.
@Amber
Check with the states laws, but it would be unreasonable to suspect that they can demand such a thing.
Does DOT recognize any other form of treatment for sleep apnea other than a CPAP machine?
@Annette
Corrective surgery. Also depends on how extensive the OSA is. But usually testing is still required if confirmed OSA and you need a print out of your compliance record.
Hi Trucker Doc,
I had sinus surgery back in Aug 04 and I will tell you it helped. My nose doc said he spent 4 hrs on my bridge because it was broken, yet I never knew it. Even still, I am 6’2, take BP meds and that was my mistake, because it made my weight grow from 250 to 290 my BMI is 43, yet its belly fat from fluid retention thanks to the drugs in the BP meds.. I think more on the lines of cortisol is the reason along with the 5 med combo (3 tablets) I was taking. Ive been looking at alternatives to prescribed meds and havent found anything yet. No company should be telling any NEW driver HE has to pay for a sleep study, when he isnt employed, thats discrimination and so is this sleep apnea.
Whoever this Medical board is comprised of, DOT is putting blame on innocent truckers and NOT looking at the REAL culprits, Those driving their cars and texting, along with motorcyclists who think they can pass on the dashed lines on the highway and make that mistake by jeopardizing the trucker they just cut off and the other cars AHEAD that create panic to where everyone SLAMS on their brakes and truckers who cant stop fast going 65 on a 4-5 lane highway. I seem to see the Trucking Industry is MORE focused on making complaints to the government about finding great drivers, yet discriminate us by cutting down those who are over weight. and they judge by the cover rather than whats inside.
Since now Marijuana is being legalized across the nation, Im wondering how many more deaths with be caused from it and the use of SECOND HAND SMOKE giving truckers a false positive on a random drug screenings. Its something that NEEDS to be addressed and stopped.
I have seen products out here like a dental device where you put it in your mouth and it protrudes the lower jaw OUTWARD and removes the sleep apnea altogether
Also lets NOT forget the TRUCKERS who dont monitor there hours of sleep. Stay up all night watching tv movies
At the bar watching pole dancers…etc etc….they are to blame as well
My son is 25 and has been driving CDL for 2 years. His first certificate was good for 2 years as he has no health problems. He had to renew so he went in to a DOT doctor up by his company in Tennessee. He had no health problems but he is overweight and has a large neck size so they gave him a 3 month certificate and told him to go get a sleep study done. I found out someone close to where we live that is supposed to be good so he met with him. He has no issues with snoring or sleeping. The doctor was nice but told him the only way to tell if he has sleep apnea is to have the study done. He had to wait to have it approved through his insurance but they called today (2 weeks later) and scheduled him to go in next week for the sleep study. He has a $1,000 deductible for his insurance and they are only covering $100 of the study so he is going to have to pay $1900 for the study which he really can’t afford but they told him he could make payments. He really does not want to pay that much money for something he doesn’t need plus from reading this page and other information, it seems to be alot of money scams going on with these sleep doctors.
My question is should he risk doing the sleep study or just try another DOT doctor? He has about 2 months left on his certificate. How do you go about finding a doctor that is not using BMI or neck size alone as a criteria for sending him to a sleep study? I thought about calling a few in the area and talking to them about it but didn’t know if that would make it worse or better. Any suggestions about whether to try the study or not. Or any suggestions about finding a doctor that doesn’t over read the guidelines? I’m worried that if he has the study, he will be stuck in something that he doesn’t need and won’t want to wear.
@Julie
Go for a second opinion.
There were no new rules regarding testing for sleep apnea and if he has zero other symptoms then he should not be being held to a bogus set of criteria that are not a part of the FMCSA guidelines.
If he exhibits other symptoms of day time sleepiness or having trouble staying awake, then have the test otherwise, second opinion.
Thank you. I actually called the truck driving school he went to and asked them about who they use and if they have seen an increase in students needing sleep studies for being overweight. They said they hadn’t and gave me the name of where they have students get their exams. I called them and specifically asked them if they use weight alone as a reason to send drivers to a sleep study. They told me no and that they only send them if they have real concerns based on the whole exam. He went today and everything checked out just fine and he was given his 2 year certificate without any problem. They didn’t even bring up weight to him. They told him his blood pressure and blood work was good. I guess my advice for anyone who is told they have to do a sleep study that they don’t need is to call and ask directly what the guidelines are that they use. I am so glad it saved him the hassle and expense. We paid $60 for this exam but it was well worth it.
@Julie
That’s good news Julie. And a good example for others to follow. Thank you!
Still going through a hassle with this. His employer said they have a dilemma because 2 different doctors came to different conclusions. He went to talk to the original doctor that wanted him a do a sleep study. That doctor said it is because of his weight. My son brought up the fact that weight alone should not force a sleep study. The doctor said it wasn’t a rule but it was a guideline that states sleep study for anyone overweight. He also said that the sleep specialist he saw recommended testing to rule out apnea which is crazy because of course they are going to recommend testing but he even said that it doesn’t sound like he has it but the test is the only way to be sure. The original doctor said that he would send him home with a test to do on his own and then bring back to read the results. He said absolutely not because those are inaccurate. His employer is trying to work it out with him. They told him if he can get a third opinion from another DOT doctor, that will be fine. He can do it up there at one of their clinics and they will pay or do it on his own and pay for it. I told him he needs to do it on his own so I guess he will be paying for another physical but at least it will be at the doctor he chooses. He was straight up with his employer that he will not have the sleep study and they are working with him.
@Julie
Good that you are taking matters in your own hands!
When you call to make an appointment for a new medical examiner, ask the examining office if/how they handle sleep apnea screening. Then make your decision based on them doing an appropriate overall health / fitness-for-duty evaluation or not.
Great news Julia! Will you please share where he had his DOT physical done! My fiance, based on weight and neck circumference alone is going through the same thing! Thank you!
I just did my DOT physical and I passed everything with flying colors and Dr asked me if I problems sleeping or I snore and I told him no I don’t. Now he told me my bmi is what is stopping my from getting my DOT card. I know they did not do my physical correctly and they never checked my neck size properly nor did they tell me remove things out of my pocket and remove my shoes. My weight was 230 and my height is 5’7″
@JD
Go somewhere else for a second opinion.
Read the comments for @Julie whose husband got a 2 year card on a second opinion.
I wrote to the FMSCA to ask them about the issue of sleep studies that some doctors are requiring. Here is their response:
The Federal Motor Carrier Safety Regulations do not prohibit commercial motor vehicle (CMV) drivers from seeking second opinions.
If both medical examiners are on the National Registry of Certified Medical Examiners, considerations include:
· What are the local policies concerning medical certification of CMV drivers, (i.e. does the employer require all drivers to seek medical certification from the same provider or a company sponsored provider?), etc.
· Medical examiners may vary in their decision of whether the driver meets the Federal Motor Carrier Safety Administration’s physical qualification standards for commercial drivers based on their individualized assessments and evaluations.
· Some medical examiners may be more or less conservative in their evaluation and medical judgment of whether the drive meets the physical qualification standards.
· It is the employer’s decision which medical certification to accept.
· Drivers and/or employers may agree to engage in and apply for the resolution of medical conflict process found in the Federal Motor Carrier Safety Regulations (FMCSRs) where (1) there are conflicting medical opinions between the medical examiner of the employer and the medical examiner of the driver and (2) the employer will not accept the opinion of the driver’s medical examiner. ( 49 CFR 391.47). The link to the regulation is provided here.
· http://www.fmcsa.dot.gov/content/39147
If you need additional information please contact us by phone at 202-366-4001.
@JulieC
Thank you for taking the time to help other drivers in this issue that is unnecessarily costing some drivers time, money, and even their job.
(we tried the link and unfortunately FMCSA has removed the information from their website)
Tell him to come to work for dart TRANSIT here we don’t go thru crap like that. Sleep apnea its a big money scam done by bad doctors and bad big trucking companies… My name is victor garcia. And. I. Had to tell Schneider national flat bed division.. In sequin tx where to shubb they’re sleep study. They we’re forcing me to undergo a sleep study… And the reality of this is that. Big companies are crashing in on this sleep test.even if you haven’t being diagnosed with sleep apnea…in turn they turn this Big and Costly test in as losses… Crete Carrier tried to do the same with me. They had made the TV room turned in to a sleep apnea study room. And they tell driver’s they have to have sleep apnea study done…hiding under government regulations they said. Guessed what. I told them too what to do with it….in other words.. don’t . take any sleep apnea study’s by big companies.. Unless is you’re very own Doctor prescribing you the study….. Remember its all a money scam.
A sleep Dr has nothing to do what so ever with what is required for a DOT physical . These drivers that are required to have a sleep study are 1. Obese/ BMI greater than 35. 2. Large neck due to obesity 3. hypertension, all DOT guidelines not the sleep Dr and 97% have sleep apnea that needs to be treated . Lord forbid a truck driver falls asleep behind the wheel and kills someone, it has happened time and time again . Be safe and get tested and treated .
OK I have bmi of 35 neck size of 18 and diabetes I take blood pressure meds to protect my kidneys from diabetes my personal doc that i see as many times as 12 in a year said I dont have sleep apnea but the dot doc that i see once a year or less said I have it what do I do
@Joe
No new rules or regulations regarding OSA, so go somewhere else for a second opinion. The present CME may be over-reading the guidelines.
My husband and I drive team and my husband stops breathing constantly throughout the night; so I suggested we go and get a sleep study done on our own, not through our company or a DOT DR. He just got his 2year medical card. Well we had the study done and he got his results back and they said my husband has severe sleep apnea and needs to come get his cpap and mask fitting; we said okay we will be home at the end of May. The nurse then calls back demanding my husband come in asap, asking what state his CDL is in and that the DR will report him to DOT. My husband wants the cpap but we have family and bills and can’t just rush home right now!
How can this happen if we got this study done on our own? Does hippa not apply? Can he be reported to the state DOT and his CDL is at risk even though he is going to get the cpap, just not immediately?
Thank you in advance!
@Annie
Not sure why any nurse would be calling you and reporting you to state or FMCSA.
Technicallly speaking, once the severe sleep apnea diagnosis is in, his medical certificate becomes invalid. Cpap, even on your own, requires a 30 day waiting period before returning to driving.
FMCSA leaves certification to be determined by the medical examiner. You may be able to find an examiner who will work with you. This may help you keep driving.
1. Short card for 1 month while getting started on cpap. You must show a report of 70% compliance with the unit during this month.
2. Short card for 2 months to demonstrate further compliance.
3. Then a 1 year card.
With the new forms, conditional certification is no longer an option. The examiner will have to conduct a new examination each time, and issue a new medical card.
For more information see our blog post Commercial Drivers Can Manage Sleep Apnea And Maintain Their CDL.
Once your husband tested positive for sleep apnea it became a federal mandate. Him driving without his cpap machine put him in non compliance with the fmsca
This is nothing more than a cash grab pure and simple. Public safety issue huh. Make the cops, firemen, EMS, Air Traffic Controllers, Airline Pilots take the BMI test. Lets not forget about the retirees driving around the heavy RVs.
What about people with prostate issues that have to get up and urinate multiple tiles a night. What about heart burn? What about the driver that cant sleep cause he worries about his bills…should we test him for anxiety.
This is the biggest snake oil pitch of BS I ever saw. The best thing to fix this is to let the drivers sleep when they want….AKA FIX THE 14 HR RULE.
Drivers cant just sleep on demand at a drop of a hat. The best sleep is when a driver chooses when he wants to sleep. I need to quit driving and invest in a CPAP company.
AMEN
I had my DOT physical done three weeks ago. I have sleep apnea and use a machine. They downloaded my info and it said that I am 91%compliant and have an apnaic episode less than 2X ah hour. The Examiner said it wasn’t good enough and said I had to go to a pulmonologist for a check up and a stability letter. What should I do? I’m missing a lot of work trying to figure this out.
@Steve
Your compliance is well within normal limits and the note from the pulmonologist stability letter will be helpful for supporting a CME’s decision making process. Get a second opinion too.
My husband went for his DOT physical last week. He has sleep apnea and gives them his readings from his Cpap machine. Last year that was all they required but this year they saif DOT is requiring a Wakefulness test be given and signed off on.
Does that sound right? this is costing time, which is money. The doctor has to see him first and his calendaar is fukk for a couple of months. Because his last study was 2 years ago he was told he has to visit first before study can be scheduled.
How can we know if this is required of DOT?
@Adena
Nothing has changed in the regulations. As long as he can show compliance from his cpap readings that’s all he should need.
Go get a second opinion somewhere else.
When I went for my recertification of my DOT Phyical the Doc tells me I need to supply them with the past yr results of my Cpap compliance? How many months do I need to supply them with?
@Jerry
At least thirty days, but more is nice. You do not need to supply a years worth of data to prove proper compliance with your CPAP unit.
Just got a 90day card the nova “Doctor” says since I have been using cpap machine without a follow up a 90 day card is all I can get until a signed form from a sleep study Doctor
My husband failed his DOT physical in Dec due to a change in his diabetes meds. He was off work for 30 days, placed back on previous meds and sugar under control within the month of Dec. He went back in Jan and examiner gave him a 3 month DOT card but said he had to have a sleep apnea test done. He had to schedule this sleep test through his personal physician and the test was originally set for April 9 but his DOT physical is set for April 4. We’ve pushed the specialist to get him into the sleep study sooner and he had the first one just a couple days ago and we went in for the results today. Now, he has to have another test tomorrow night using a cpap. We’ve been told he will definitely have to start using a cpap but he can’t get that until all the red tape is gone through (final results, insurance approval, order for cpap machine, etc.). We can’t seem to get a clear answer from anyone about how many days he must actually be on the cpap before he can get his DOT physical card renewed. Even if he gets his machine on Tue or Wed of next week he still won’t be on it but for a few days before his physical on April 4th. Some drivers are saying you have to be on it for at least 7 days, others say 30 days, and Dept. of Safety in my area is having trouble getting a straight answer as well. So, to sum it up, I guess what I am asking is this, “Will they not let him drive until he has been on the machine for so many days or will they reissue him a 3 month card?” He’s already lost the month of Dec and now may lose April…WITHOUT PAY!!! Any answer you can give me will be greatly appreciated!!! THANK YOU!!!
@ Sue
FMCSA wants to have a thirty (30) day readout from the clap machine before letting a driver back behind the wheel. Not sure if any CME is going to issue a three month card while he is getting accustomed to the unit.
If there’s no current rules why are companies testing? Also, what does it mean not based on criteria alone?
My company recently decided to start sleep testing all its fat drivers and throwing 10 15 20 years of accident free driving right out the window. Also the at home test is a guaranteed fail. Very few pass it. It records yawning, sighs, and so on as events. There’s 2 or 3 people that retested and passed it after this company said they failed miserably. I have been placed on a cpap after 10 years of safe driving and am now forced to quit my job. This has ruined my quality of life not improved it. It’s just for money. Look at the criteria bmi, neck size, then age as a factor. We all get older.
@ Robert
This sounds like it is company policy, and the at home test are not accurate. Sounds like you may want to talk to a good lawyer
I challenge you to find a lawyer that will take a case on a sleep apnea testing bull, I mean really I challenge you to find a lawyer take your will take your case because you were discriminated against for being fat and overweight! and now a cme judges you ! And to cover their own butt determinds you fat boy will not be allowed to feed ,clothe,or shelter! Your family any longer together the insurance companies the Federal Motor Carrier safety administration the congressman that passed the stupid bill it’s all about discriminating against fat people basically so good luck truckers! the powerful are against us. 22 years safely driving our roadways ,and now the dot rules haveput me and my family in dierstraits… ( what to do?)
Apply for welfare that’s what I going to have to do
question i have had sleep apnea for years . Do i have to submit my machine data if i have had sleep apnea on my long form medical card 10 plus years with a letter from my medical doctor
@ doug
Yes. The CME is looking for supportive information from your doctor and from the cpap report demonstrating proper compliance.
I would like to personally thank truck docs as well as everyone who’s comments an stories I have read because of this web page I was able to avoid a headache I too was told all of these untrue statements by a CME that the company I work for uses I knew absolutely nothing about sleep apnea so I goggled an read an researched trust an believe you all helped me an I’m so grateful I tried to tell other people but they were afraid an had too much at stake than to look for a better solution can’t wait to turn in my medical card to my job they didn’t believe me again thank you all
“There is no reason to have a sleep study done unless you feel there may be a problem”. If you do not have a cdl. Why is this as the DOT also regulates all non-commercial traffic as well. A Prius doing 60 with an office worker behind the wheel can do just as much damage as a commercial driver in whatever vehicle he / she is in. And there are 10x + as many of them. If this is really a “disease” that treatments are needed for lets run the whole driving population through these screenings and test procedures. It is discriminatory not to. Its only fair.
so if I understand correctly unless you have a problem there is no regulation that states if you are over wight you have to have a sleep study.
I have lost 20 pounds since last physical and was told if I don’t loose 30 more or have a sleep study I won’t be renewed.
Hi . My name is Eli.I.am.diagnosed with sleep Apnea after being tested. So was able to purchase a CPAP and been on it for a month now. I have a 3 month temp DOT healed card..Have I been on my CPAP.long enough to get a 1yr card..I.can’t move on and sign paperwork to buy my own truck until I obtain a 1yr card.
I have been on my CPAP for 30 days now.
I just received my results from my sleep study. I was told I have moderate sleep apnea and need a cpap machine. However my individual insurance will not cover equipment and supplies. Since I work part time, my employer does not offer me a group insurance. I was told coverage for such equipment is only covered through group policies not individual. I have kaiser. Is there anyway I can seek compensation from my employer?? Please advise
@Sassy
Sorry, can’t help you on this one. Our expertise is about qualification for a medical card at the Federal level.
Can’t help on insurance, employer policies, state CDL regulations, etc.
https://www.gofundme.com/x3sgv24k
Our Ready mix company uses us health works and now they have started weighing (bmi) and measuring necks and then looking at a chart to determine if you have to have a sleep apnea test. Our company won’t let us use any other doctor and we are local…not otr. Most of our drivers are being told they have to be tested….what can we do if anything? It is a financial hardship even with insurance.
@Maureen
Sounds like an issue you need to take to the powers above you and file a proper complaint. Since there were NO NEW RULES on this issue, you guys are being taken advantage of. File a complaint with management. If they are going to help pay for the testing thats one thing, if the company is willing to lose good drivers because of this issue, thats a company decision. Your company has a contract with the examiner facility because they are cheaper by the dozen, but if they start losing good drivers because of this scam, then they will change to another examining facility or continue to lose good employees.
Absolutely, theres no fmsca rule or law passed yet that says sleep apnea is a factor especially to local drivers, for the most part its the medical treatment centers that are pushing it to drivers to try to make extra money off the drivers, you can try to get your physical card at any other facility which might come out of your own pocket but unless its a company policy theres no obligation to get your physical card at a specified location. And if it is a company policy you need to confront your boss to find out why they would want to sacrifice good workers for something that isnt regulated yet and hopefully never will.
I recently went for my recertification (class B). I took a sleep apnea test already and passed. I was told by the examiner this time that I.have to take the test again(I have no insurance). Even though I am the same weight as before and blood pressure is good. I refused to do this. So she proceeded to tell me if I don’t lose 20 lbs.in two months she will not renew my recertification. What should I do?
@Angela
Take your existing medical and use it until it is about to expire, then go somewhere else and get a second opinion. Whomever you are dealing with right now is overstepping their limitations and supposed authority by a long shot.
Last year, Aug 2014, I was diagnosed with colon cancer. I immediately underwent 6 weeks of radiation, then surgery – colon resection Dec 1, 14, followed by a colostomy due to lack of blood supply to the bowel on Dec 9, 14. I went on medical disability Dec 1, 14. Started chemotherapy in Feb 15 and completed that in Jul 15. My oncologist released me back to work Sep 1, 15.
My rectal surgeon told me that if I lose 100 lbs he will reverse the colostomy and put my plumbing back together. So, in Aug 15, I met with a weight loss clinic to discuss a gastric sleeve and started the preliminary testing necessary for the procedure.
At the same time, I was sent, by my employer, to Concentra to complete my DMV Medical Certification and Fit for Duty examination to return to work. The CME immediately said because of BMI, neck size and age (5’10” 325, 18″, 47 yrs) he has to send me for sleep apnea testing, and issued me a 3-month certification.
In the excitement of returning to work, I immediately took my certification long form to DMV and was cleared to return to work. That same day, I also visited with my primary dr. who referred me to a sleep disorder Dr., who in turn referred me to a sleep center to perform an in-lab test.
After completion of the in-lab test, the sleep Dr. reported to me the findings that I have modetate sleep apnea and recommends a CPAP machine. He asked if we could schedule a follow up to get me a machine. I refused, saying I would follow up with my primary. I got a copy of the sleep report from my primary, and have not taken it back to the CME at Concentra because I want to do more research first.
I found this thread in my research, and thought I would share my story here to get and receive advise from the TruckerDocs before I do anything else. Please help!
Sean
@Sean
So you were diagnosed with sleep apnea. You want to get the CPAP and get started with it as soon as possible. You will need at least thirty days of proper compliance before you will get a medical certificate issued. Proper compliance is 70% each night with at least four hours of usage.
I’m a driver with 30 yrs experience and good health. In a nutshell. Some DOT Physicians with NO written FMCSA “guidlines or rules”, are on their own (with NO sleep apnea training what so ever themselves) are acting as middle men by sending drivers to sleep apnea testing to satisy other doctors who are “stake/share holders” in the sleep the apnea ASSOCIATION which is suddenly making obscene amounts of $$$ by doing the tests, Some are more than likely getting “kickbacks” for sending drivers to them to have it done. Pass all the usual standard dot tests, but blood pressure a little high on dot physical renewal day, “You need a Sleep Apnea Test”, “Its now required”, and can only be certified for 3 months until its done. Have a slight cold and body temp is up a tad, same thing, “You need a Sleep Apnea Test” etc and etc… The paperwork provided by dot physicians for dot physicals now includes questions that has to do WITH sleep apnea for patients who will have “Weight Loss Surgery” (it says so right on the paperwork).The Sleep Apnea test is nothing but a $$$ making SCAM that has absolutely nothing to do with commercial driving. For the truckers who are very fit and in excellent shape who spend hrs in the gym with a neck greater than 17 inches,, ooh boy! look out! “You now need a sleep apnea test…
No what you mean David, had two different doctors tell me they agree that sleep apnea testing is just a money-making scam!
Thanks David S! I fall into that category of former Division 1 athlete (football) and periodic weight lifter, of course my neck is going to be bigger than 17 inches! Many medical professionals don’t know the difference between “big by muscles” versus “big by fat”. Mathematical computations done by neck and BMI measurements don’t tell the whole story and are falsely requiring many healthy “big” people to take sleep apnea tests or lose their CDL.
I have a friend that is a body builder. 6’03” tall, weighs 290 lbs, neck size is 20 inches……they tried to force him into the testing. The guy is a wall of muscle. All this is nothing but a money grab.
I had a a1c level of 10 only was giving a 3 month card had to retake 3 month’s later results or still same will i be able to get another 3 month’s
@Clifford
You may need to work more closely with your doctor. You really need to get your numbers down lower. You may be given another three months to get the condition under control, but you will, most likely, only be given one more time at the most. Then you will have to have your numbers down or be disqualified.
By taking medicine and exercising and eating more veggies and cutting out sugar you should be able to get your A1C down below 10.
I take Metformin and have cut out sugary breakfast cereals and sugary soda. I try to eat more veggies like peppers and onions. My A1C went from 10.4 to 7.3.
concentra is a joke and rip off if your company sends you to concentra , flat out refuse
they weighed me wrong and added extra lbs and I was 1 inch shorter that day than I was at my doctor two days before, they are afraid to give any cards cause almost everyone I have talked to that has been there was told they need a sleep study
I can not afford the cost of all the tests machines and upkeep on everything and to boot I would need a power inverter in my truck which I cant afford, so I have resigned my position with my company and will not be able to get my card to drive, and no one seems to care.
my personal doctor also sent concentra their form back saying he did not think my degree of sleep apnea would interfere with my driving, concentra said they didn’t care what my doctor said
someone needs to get involved with this or a lot more people are going to be unemployed and maybe that’s the goal to get rid of the old guys
37 plus years with no accidents tickets drug failures but that means nothing
maybe just maybe it would cause a strike just hoping
Hi,
Yes, I was sent to U.S. Health works for my exam.
The P.A. added 3 points to my BMI, my true BMI was 35…he raised it to 38. Also, I wasn’t told about the 30 day study. He gave me a 3 month card and said I needed to get a sleep study done. What confusion! If my BMI was originally correct, I just could have lost 5 lbs. What a waste of time this all has been.
I agree…what a rip off!
I’ve got an out of pocket physical this Wednesday and I’ve lost a few lbs. My fingers are crossed!
I also went to Concentra, same fraudulent service. The first time I was flagged for high BP, nothing said about BMI or sleep apnea as reason for denial of 2 year med card. I went to my doctor and got treatment for BP, went back to the same Concentra two months later, and now they reject me, requiring a sleep apnea test. They also didn’t measure my height, weight, or neck correctly, the nursing assistant just rushes haphazardly through those measurements. She was a 1/2 inch off on my neck, 1 inch on my height, and she weighed me with STEEL TOE SHOES ON!!! All of these numbers are critical to the BMI and sleep apnea calculations!
I went in today to get a recertified medical card as it expired last Sunday. I was told my neck circumference was greater than 17 in and my bmi was to high at 47. I’m 6’3″ at 380lbs with no health problems whatsoever and never have. She issued me a 2 month card and was told to go get a sleep study done. My main question is can I go get another test done and if I pass will it look weird that I did it within a certain amount if time.
@Jason
If you are going to go to another examiner, wait for last least 30 days, otherwise FMCSA sees it as doctor shopping. Since there were no new rulings regarding neck sizes and BMI to determine sleep apnea, you are really only looking for a second opinion.
So, I did a sleep study at my current company. They told me that I need a cpap machine which they provided. I have not been able to keep the mask on my face for the required 4 hours. Now I am up against my 2 month medical card expiration. They are saying that I must be 70% compliant within the past 30 days prior to the physical. I already know that this will not happen. My question is if they shut me down or fire me will this follow me? Do I have to tell the next company that I go to that I have been diagnosed with sleep apnea? Buy the way, I NEVER did see a doctor about this. Just a sleep study company on company property.
@Tony
Before going to far, why not talk to the sleep study people about your mask. They make a low profile mask that is much easier to sleep with. To answer your questions. If you were to be fired or released from driving, most companies have a policy not to discuss the reasoning for the release. And if you truly do have sleep apnea, you need to tell the truth. I have a multitude of drivers with sleep apnea and they use their cpap machines daily. They won’t leave home with out it.
1. Besides the small mask, they also make nasal pillows, which can be very easy to get used to. Many people also need a chin strap, because their mouth opens during sleep. 2. Another problem can be that the pressure of air the machine is giving you is constant. Today’s machines have a setting that lowers the air pressure when you breath out, but it has to be turned on in the machine. Your sleep provider may not have turned this setting on. 3. Some patients worry about bothering the people too much where you got your machine. They made a lot of money when they sold you the machine and masks and things. They want you to be happy so you will come back again and again over years to replace your masks and tubing. If they are not willing to work with you to get your apnea under control in a way you can live with, find another medical supplier.
First of all let me apologize for what you are going through! My husband has been through the very same thing and he used to sleep like a baby and never snored. All because the doctor bumped up his bmi and neck size. DONT ever have a home sleep study because ins will not pay and it is not accurate!! He finally had to see a pulmonologist to get some answers and this Dr told him to go ahead and get through compliance and then we will address it. According to the results, my husband gets worse with the cpap. THIS HAS BEEN A NIGHTMARE! I hope our marriage can survive this disaster. He may very soon lose his job. The company will not allow a second opinion and the company doctor is a total quack. I feel helpless…….my suggestion? Find a very good specialist to help you through this!!!
i know this is a late reply but i have been going through the same stuff.. i actually have SLEEP APNEA… WITH THE CPAP.. i hate to say it but go through another pulmonologist. or… another way to prove is… if you can have or find a friend that knows and has sleep apnea… go through the company you got the cpap machine from.. tell them you want to see if the psi or whatever it is going through the mask is right. they will then give you a machine that test what your husbands readings are and so forth… (this is where whoever has sleep apnea comes in) have him wear the mask for a night. no big deal then your husband wears it. i have a program that reads the data card. look and see what his readings are so you guys can see for yourself and try and get a cammera and record him sleeping so then aka.. you just did your own. SLEEP STUDY. it will for sure determine and you will be able to see for your own eyes that if he has it or not if so. I appologize and i feel for him cause this crap sucks.. IF HE DOES NOT print out the paper of your friends or whoever that has sleep apnea that wore the machine and then the night that your husband used it. boom all done sign this paper please stating i do not have sleep apnea.. if the doctor does not.. ok next doctor.. any questions or anyone else does please email me graksjoe001@yahoo.com and good luck.
I did have enough time on my cpap can’t pass physical they want 70%I have 43%because the machine wakes me and I can’t go back to sleep.WHAT CAN I DO?WHO DO I CALL ? IF I DO NOT GET MY LICENSE BACK I WILL LOSE ME JOB AFTER 20 YEARS.COME FEDS LET US KNOW WHAT YOU CAN DO FOR US NOW!!!
@Mike
First identify the issues as to why you can’t sleep with the unit. Face mask may be too large or bulky, so see if the sleep folks can get you a low profile mask, that should help. If you can identify other issues, then talk with the sleep study people and see what other options they may have.
Probably because 1 its uncomfortably and 2 its beeps all night it a room as big as a closet you can only ignore it so long, my trainer wore a sleep apnea machine and every night i was in his truck i dreamed about school buses backing up.
When our federal government gets involved we already know we’re doomed.
STRIKE STRIKE STRIKE HIT THEM WHERE IT HURTS AND THINGS WILL CHANGE
I have had a sleep study in the past, it had nothing to do with my medical card. The results showed no signs of any sleep apnea. My BMI is over 35, my concern is will the examiner expect me to do a sleep study every 2 years? It was a pretty expensive way to prove to my wife that I didn’t have sleep apnea. I have to go get my card renewed next week, should I even tell them I have had a sleep study?
@Brandon
If you don’t have sleep apnea, then don’t say anything about it. If they ask, then say you had the test done and you do not have sleep apnea. If they tell you your BMI or neck size is to big – get up and walk out, don’t pay, just leave. There are no new rules or regulations that address sleep apnea with the FMCSA.
Unless the company you work for will not allow a second opinion!! You will be red flagged for being overweight and will have to have a study. Do not have a home sleep study because ins will not pay for it and it is not conclusive. Good luck!
My question is , I passed my physical except I was over weight by the min. So the examiner only gave me a 3 month medical card , and he said I was to get a sleep ampnea screenning. Well I did what he said and it was all bad service . Because after doing everything involved in this sleep apnea issue I steel haven’t been able to get my medical card returned to me. So my job only have me 1 week to try to resolve this. I really need some 1 on1 help from someone who cares. I thank you for this web sight I hope you could help.
@Alex
Well first and foremost there is no weight rule in the FMCSA regulations. So you may be being taken for a ride.
If you do not have any other symptoms regarding your sleep, then you would not need a sleep study. There are a bunch of things that need to be evaluated before you are requested to do a sleep study.
I would go somewhere else and have the DOT examination done. Your 3 month card will be over-ridden by your new medical certificate.
Once again some companies DEMAND you only see the company doctor and will not allow a second opinion!! Then we are screwed! Especially if the company Dr is a quack!
my boyfriend just had his DOT Physical and they told him he had sleep apnea but we cant get in to see how much pressure he needs for the cpap machine can the doctor hold his medical card or does my boyfriend have the right to get a temporary medical card till he can get in with a dr to get the right pressure and machine
@Caroline
There is no such thing as “the right to have” a medical card. If the CME wants to give your boyfriend a limited timeframe medical certificate while he gets his stuff together, then he can, but he does not have to.
In other words……. The dot drs can pretty much do what they want to and not be regulated by anyone……
I have a driver that had a 6 month Med Card. Due to him moving and changing insurances he took his sleep study 2 weeks before his card expired. Now they are trying to work it out with his insurance just to cover the process of fitting him for a mask and machine. The doctor says that could take another 2 weeks for approval. He went to his original examiner and showed his progress and asked for a 3 month extension were he only received a 30 day extension. My question is if he gets the CPAP machine and starts to use it, will he be in compliance, or is he allowed to drive during this 30 day period of starting to use the CPAP. His examiner is saying that he is not allowed to drive during his 30 days while using the CPAP machine. Is this statement true even if he has a qualified medical card and driver’s license? The driver is telling me that I will be liable if he has an accident during his 30 days of wearing the CPAP machine. So confused right now.
@Raleigh
He would be legal to drive as long as he has a valid medical certificate. Otherwise your driver is operating a CMV without a valid medical certificate. The CME’s and the FMCSA want to see a thirty day profile before returning a driver to operating a CMV.
On the 9th of this month i went in to renew my DOT physical and the doctor only gave me a 1 month physical. He said that anyone who uses a cpap has to have a new sleep study every year. I am over weight but i do not have any health issues. I had just went to my doctor in March for a yearly checkup and i took the results of my blood work plus the last stress text i had to show that I’m healthy. I also took a readout from my cpap but he refused to look at the results saying they mean nothing to him, i have to have a new sleep study. What do i need to do to resolve this problem?
@David
You take the same information to someone else and take your business with you. If you have a medical release form from you doctor and a recent readout, that is all you need. So take your business elsewhere.
You keep saying to go elsewhere! A lot of companies DEMAND that you only see the company physician!!! They accuse you of doc shopping!
unfortuneatly.. the companies are saving their own butts (or think they are) but they jsut pushing drivers away.. but.. you have every right and DO NOT have to take a sleep study if they are just going by bmi, neck size and weight. otherwise once you get into the hook of this sleep apnea crap it is VERY VERY hard to get out of.
I had physical examination done June,2015 . everything was fine and the doctor gave me my 2 years validation. I applied at a new company which they sent me to get a new physical at a clinic of their choice. At this clinic the Dr. Gave me only 3 mnths of driving pending a sleep study, due to the fact that my neck was 17.5 cm. My question is, is my previous 2 year certificate no longer good?
@Roman
The CME would have entered the new information into the FMCSA database and that will now over-ride your previous medical card.
I would look into the FMCSA website and see if you can find the area that allows you to enter into conflict with this new examination. There were no new rules regarding neck size and BMI and you may be being taken for a ride. So unless you demonstrate other symptoms of excessive daytime sleepiness, the new CME is over-stepping how they read the guidelines.
Thank you very much. I’m definitely looking into that.
I got my first test done on my this sleep apnea test n it mild but my dr clear me to drive but my dot examiner keep telling no I can’t drive.so I’m getting a second opinion is that a good ideal. I’m only driving a class b n I’m from ohio
@Michael
Go get a second opinion and take a medical release form from your doctor with you. It will explain that there is no need for any further testing.
Besides you are a class B driver and not an OTR driver. Someone is over-reading their powers as a CME.
Thank you very much. Cuz I was thinking the samething Cuz if my dr clear me drive she should’ve too but I will let you no what happen today I go get a second opinion this morning
Got a second opinion no go now they went me on a cpap machine ugggggg
A few days ago I went to go get my DOT physical. I am overweight but have no adverse health issues, other than being overweight. At the doctors offices a practitioner walked in the room after the initial person did my drug test, eye exam and etc. When she first entered the room she informed me that I’m probably not going to like what she has to say. I thought I knew what was going on so I replied, yes I know, I’m overweight. She said no, you have to go for the sleep study. I questioned this, because in all my research for the DOT physical I must have missed that piece of information. She informed me, and I quote “By law I am required to send anyone with a BMI over 35 and a neck larger than 16″ to get a sleep apnea test done.” Now, what I don’t get, since a few days ago I’ve done a lot of research. I see a lot of words like ‘guidance’ but not once have I come across ‘law’, ‘rule’ or ‘obligated’. When I got home I remeasured my neck (she used a clumpy tape measure that she draped loosely around my neck) and found that I am just slightly over 16 inches, my BMI is high, I have no hypertension, no high blood pressure, no cleft pallet or throat obstructions. She is basing this expensive study off of me being overweight just because?….*Shrug*? She did issues me a 6 month medical card, but her notes reads as follows:
“Advised on need for sleep study & medical clearance for safe CMV operation. If study show (+) will need 1 month TX and compliance report with AHI (<5) & wearing device 4hrs/day 70% of time. Will need copies of all result.
I want to know the legal aspects of this, since it seems to be very far and few between online. How can a medical practitioner hold my license hostage just because I am overweight, instead of saying lose *blank* pounds to show initiative and be below 35 BMI (which for me is 220 lbs.) by next re-up of physical. Again, I passed everything else with FLYING COLORS….my weight was the only "risk factor".
I took this information to my employer and she was floored to this new "sleep study" stuff. As a school bus driver over 50% of the dwindling staff (retiring and leaving for better job options) will be categorized for sleep study. My employer was very discouraged with this new information and requested a meeting with the physicians at the company assigned physical place.
I've found this so far, there is no FMCSA guidelines or rules on sleep apnea. There has to be reasonable suspicion; BMI and neck width is not reasonable suspicion. Also they need to take previous medical history into consideration along with questionnaire that they administer in the office (which I also scored 0 on).
Please help!
I did forget to mention that this is a Class B endorsement with no out of state travel and a minimum of 22.5 hours per week.
@Peeved
You hit the nail on the head. No new rules, no regulations and someone who wants to be real important is making a judgement call without understanding. Find a CME who understands the drivers’ life and have them complete the examination for you.
Update again. I informed a coworker what you said. “Find a CME who understands the drivers’ life and have them complete the examination for you.” She went and had a second opinion done at her doctor who is DOT certified. Initially, on her first medical certificate, she was given 3 month and on the second which is her primary doctor she was given full clearance for 2 years with no issues. Our work will not take the second one because they only accept physicals from the physician they have a contract with. Not sure what is going on here. I’m glad I didn’t pay out of pocket to get mine done, but at the same time I’m still in the same boat I was originally because I have less than 5 months left on my certificate and haven’t found a doctor in my area that isn’t operating under this misguided information about sleep apnea and the “law”.
Recommendations?
@Peeved in Indiana
That may a company policy, but as I understand it, according to the FMCSA, if you disagree with the first CME you have the right to go to any other NRCME certified examiner. But if the company has some policy about who they get their information from, then you might want to work someplace else. But check with HR and ask to see the policy in writing, that should bring things to a head.
You can also take a dispute directly to FMCSA, but this is a long documentation intensive process.
Also, I have a dot card that is still currently good for another year, but not a cdl one. So if I get cdl one same should apply then?
Hi there!
I was curious. About 4 years ago I was given a diagnosis of sleep apnea. I used a cpap for short time the nurse at the sleep study said “when I slept on my side it was almost non-existent”. Ever since then I sleep on my side. I get headaches sometime but that’s it. Havnt used cpap in about three years. Is this going to pose a problem when I get my cdl?the last two driving jobs I had for chauffeur jobs I stated this and had no problem clearing the physical. Will same apply? I’ve lost the pounds Bmi is where suggested to be finally. Will this pose a problem?
@Joel
Get a medical release form from your primary doctor explaining your situation and you should be in good shape for the next DOT examination. Make sure that your doctor explains your sleep situation in detail, otherwise there will be flags all over the place that will need further explanations.
I have had a medical card for the past 8 years and I recently went to have my medical card renewed and was asked to dis-robe down to bra and panties and was given a paper gown. I knew prior to getting my medical card renewed that the physical was more in depth than previous years. I was also asked to “duck walk”. I was upset about the removal of my clothing for the exam at the time but nothing compared to my shock and anger when I spoke to drivers that recently had their exams completed and when they told me they didn’t remove their clothes or even disclose any medical conditions or even perform the dreaded “duck walk”, I was livid!! I thought all these new regulations were suppose to give consistency and ensure all drivers with a cdl were physically able to perform their jobs safely. Did I just choose the wrong Medical examiner?
@ Very disappointed
The purpose of the FMCSA wanting to have Certified Medical Examiners, CMEs, was to provide a normal ‘fit for duty’ examination by doctors that understand what a OTR driver does for a living and to standardize the type of examination.
As far as people having to disrobe (but provided a gown) is not unheard of, but not the everyday normal.
And as far as drivers not giving the examiners all the information that is required on the medical health form, that is one of the things that hurts drivers, when it is found out. And can cost them their driving privileges.
You may have chosen an examiner who is not so driver friendly.
I had to get my Medical card renewed about 4 months ago so I went to the medical examiner my job required and they said based on my bmi, neck size, large tongue and because I still had my tonsils that I had to get a sleep apnea test before they would release me. So I went and got a test done and they said I had a mild sleep apnea and needed to get a machine. I’ve never had a problem sleeping in my life but they told me in order to be able to keep driving I had to get a machine, so i did. They required me to do 30 days on the machine so they gave me a temporary medical card for 30 days. I passed that so then they told me I had to do another 60 days on the machine then bring in the results so they gave me another 60 days temporary card. I also passed that. Then they told me I had to do another 90 days then bring in the results before they would release me for a year but then I would have to bring in my results yearly. I sleep worse with the machine then I do without. I feel more exhausted since I started wearing this machine then I ever had so I haven’t been wearing the machine that much in this last 90 days. I’m probably going to fail the 90 day. Also I only drive in state (CA) and I only drive during the day on a regular 8 hour shift. I deliver propane tanks to stores. My questions are, is there anyway I can go to a different doctor and get released so i don’t have to wear this machine anymore? Does this go into the national registry that I have sleep apena? Am I going to have to deal with this problem as long as I have my medical card?
@Kev
As a class A driver you still have to pass the class A medical certification process with the CME, but you could explain that you travel intra-state only and the rules in california may be more lenient. Check with the california DLD and see what they say.
My CDL card expires on the 24th of may it is now 20th. I took my cdl physical and passed under same conditions for four years now they say i am not in compliance. In other words my doctor issued my card and should not have for last four years. Now they failed me and I am trying to get this all squared away in a few days,but running out of time. Do I have any options I can take? Did sleep test and waiting on cpap and set up but time will run out before I can get all this done. My employer has been letting me draw sick pay but I dont know how long this will go on.Concerned in Kentucky.
@Dennis
If you have sleep apnea and you are just getting started in the process, you will be disqualified while you go through the waiting period and acclimation period. If you are driving within the state boundaries, you may be able to go intra-state only for awhile and still work while you go through the process of acclimation. Without all of the information it is difficult to say what other options you may have.
I have a valid dot card that doesn’t expire for a year. I went to start a new job which requires a recert for all new employees, at which came states I need a sleep study done and most likely a cpap. Which I was already in the process of doing on my own. Cme won’t sign off on my card until after everything is done. Can’t the cme issue a 3 mo Card since process already started if he won’t can I go to another cme? I don’t want it confused with doc shopping. Is my current card still valid until next year?
@Jon
This sounds more like a question for your new employer and their company policy.
If you are already in the process of getting the CPAP and have gone through the tweaking for your best results, then you should be able to continue with your existing medical card. Mostly you should be aware that as you are going through the calibration process of setting the CPAP up that your medical card is basically disqualified. Once you have the unit set and running correctly, you will need to take a record of your compliance report and a copy of a medical release form from your primary doctor with you when you redo your medical certification.
Can I get a medical card if they found sugar in my urine and they took blood from me and my A1c was 13. Will that stop me from getting a med. Card?
@Calvin
According to the FMCSA guides, there is to be NO sugar in a driver’s urine. It is an early indicator that the driver may be headed into diabetes and be unaware of his condition.
Once the situation is under control, you should be able to pass the DOT examination and continue driving. Your medical card will be for one year and you need to have your medical doctor fill out a medical release form for you to take to your next DOT examination.
Hello, I went for mine on Monday. Everything was fine, minor protein in urine. Of course I get the usual bmi and neck shit, must do sleep study. Got a 3 month card. I have no issues sleeping, no daytime sleepiness. I plan on losing weight in that time frame, can I use another cme when time is up without risk of being flagged or whatever it’s called? This cme I have never liked and seems to enjoy doing this to people. I need my job, I know the weight needs to go, and am hoping if I loose 40 pounds in 3 months it will suffice. I also usually get high BP only when this physical is due!! What do I do?
I also saw my primary 3 days later and he was not concerned with the protein
@Jonathan
You should be able to go to another CME in the 3 month period with out being tagged as doc shopping. Also look at ways to drop your BP. It will come down with weight loss, but don’t try to lose too much to fast. The first few pounds will come off easily, the rest will take a bit of work, but go for it.
Thank you very much!!! This past week has been very depressing. Id be concerned about my sleep if I wasn’t getting any, but I am. And there is no way everyone sleeps 8 hours every single night. It doesn’t take a doctor to figure that out. And I refuse to pay for something I don’t need! Sorry needed to vent. Thanks again and where can one get proof these sleep things are not mandated? It’s being twisted into something way bigger and I swear someone has become rich over it. Even my primary doctor said just cause you may have signs they r looking For, doesn’t mean I have it.
@Jonathan
There is nothing in writing, other than the FMCSA handbook, to guide the new CME’s and you can’t find the handbook any more because FMCSA pulled it from their main website. It’s being revamped, I hear. Mostly because the new CME’s and the companies that are teaching them how to do the job are giving the new CME’s mis-information. All we can do is keep guiding drivers in the right direction. Travel Safely & Be Well! Truckerdocs
Hi,
I just had a sleep study done, after a request from my current employer. I haven’t researched the issue in advance and felt pretty confident, that I will NOT be diagnosed with apnea. I was wrong. I was diagnosed with sleeping apnea and now I am told by my employer, that I have to use a CPAP machine in order to keep driving for them.
Is there anyway, that I can refuse using the CPAP machine and keep my job or at least keep my CDL license? If once diagnosed with sleep apnea, am I required to use a CPAP machine in order to maintain my CDL license?
Thank you for your help!
@Chicagski
It’s a little confusing. You must maintain a valid medical card to maintain a valid drivers license.
So in your state you most likely need to use the cpap to maintain a valid medical card.
Since your employer is following the letter of the law, not sure if you can bypass the situation. If you leave their employ, then it goes to the state DLD to make the next decision regarding maintaining your driver’s license.
If it has to go to federal, then yes you must show ongoing compliance with the cpap to maintain a valid medical card.
Hi, I recently went to get my dot physical and was told that I need a sleep apnea study done, my bmi was 42.8. I passed everything else, they also said they found microscopic blood in my urine, which I’ve been told is actually somewhat normal. The Dr., only cleared me for two months pending a sleep apnea screening. Do I need to have it done or can I just go somewhere elsein two months from now? Thank you..
@Henry
The CME should have found a multitude of findings before he requested the sleep study.
If you have daytime sleepiness, then consider the sleep study, if not go somewhere else.
Do question blood in the urine, it may be nothing and it may be an early warning sign. Have your primary doctor check it out and confirm that it may be normal for you. He could then give you a note stating his findings and it would help the CME out also.
Thank you. I, and I’m sure everyone else here appreciate you taking the time out of your schedule to answer our questions.
You are welcome Henry!
I was diagnosed with sleep apnea about 8 yrs ago but I’ve only been a cdl driver for 6 yrs. I had been able to my medical card with no problems before because CME weren’t required to check for neck size and bmi required now by fmcsa and sleep study. And i never admitted to having sleep apnea to my examiner when going through the dot physical. My question is, now that it’s the law when i go for my renewal physical and the if dr orders sleep study because my bmi is way over 35 and my neck is over 18in do i tell him I’m already using cpap machine and should be in compliance.
@smiley
You should answer the questions honestly and that will tell the examiner that you already are using a cpap. You will need to have a recent readout with you and a medical release form from your doctor also. With the new physical coming out in late December of this year, you really are going to have to support all information that the CME needs. Falsifying your DOT examination could cost you your CDL.
Last year I was diagnosed with sleep apnea went for new job sent for re-cert was given 90 day cert CME was extremely rude wanted another sleep study done I waited two months & just went to a different CME they gave me a 2yr cert without even asking to see compliance with my cpap machine am I OK with my new card or should I be worried about dot coming after me
@Johnny
Everything about this smells bad. So, if you reported to the first examiner you had sleep apnea and he wanted another sleep study, then the examiner didn’t fully understand his position as a CME. If you went to another examiner and didn’t give him the same information, then you falsified the medical report.
The first examiner has already reported his findings on the FMCSA database. So you should have received a one year medical certificate at the time of the first examination.
If the second examiner reports that you have no issues and no sleep apnea, then both you and he are going to be up for questioning if the system kicks it out because of factual discrepancies.
You should provide proper information to a qualified medical examiner who understands the readout and sees that you are in compliance with your CPAP and you should receive a one year medical certificate.
I’m getting ready to get my physical done within the next three months. The last time I went where my employer sent me they tried to say I was required by law to have a sleep apnea test done based on my weight and bmi. My employer then sent me elsewhere and I was given a 2 yr card. Where can I find the laws and or recommendations concerning this In case they try again so that I am familiar with them. I have no problems sleeping. U really don’t want my employer or myself to have to pay thousands of dollars for something I know I don’t need. Thanks.
@Mighty Joe
As stated in this series of articles “There is currently no ruling by the FMCSA for sleep apnea screening on DOT physicals.“
I am a 69 year old school bus driver taking Tramadol 50 mg twice a day FOR KNEE PAIN ,DOT EXAMINER disqualified from driving until my doctor takes me off this medication. Last year I was taking Tramadol and didn’t have any problem getting my 1yr card.
@Robert
Your DOT examiner is over-reading his job description and is not in a position to make you do anything.
I would have your doctor fill out a medical release form and go somewhere else to do your DOT examination.
I had a new employee dot physical done the examiner gives me a 3 month medical card. Three days later another new employer sends me for another dot physical the examiner gives me a 1 year medical card. I put the same thing on both about my medical history. Is this considered doctor shopping and will I get my medical card pulled?
@Mike
If you were sent by your employer, then there shouldn’t be any real issues.
I have a friend that has been a truck driver for over 10 years. He uses a CPAP machine but not constantly. He is extremely active at work and with his son playing hockey. He doesn’t drive overnight.
I’ve read through the Mayo Clinic website about sleep apnea (and also DOT site about it) and one of the things they say “may” be a factor in having it is a large neck circumference. He has always had that even as a child. Also he does not use his machine every night but he is told he has to use it at least 70% of the week. How is that so when not everyone is the same and not everyone is that bad off? He also has a little weight to him but is still healthy. Just would like some of this clarified, please… Thank you
@Carter
FMCSA set the rules and regulations on this one.
Start with a medical release form from his primary doctor stating that the driver is using his machine at least 70% of the time.
That will answer most of the CME’s questions.
Since everybody is different the FMCSA tried to keep it pretty simple, but it still does not fit everybody, just the majority.
Does a Class B license holder (schoolbus driver) have to meet the same physical standards as a Class A truck driver?
@Shelley
If you are going to be driving interstate, then yes.
If intra-state only, then you have to meet your state Drivers License Department rules. Check with your state DLD and confirm what those requirements are.
I recently went for my dot physical 1-31-15 I was told my bmi is to high and neck size is 18.25. My vision is 20/20,hearing is good, blood pressure is 120/80, and not diabetic. I was told I need to have a sleep study. Is this true? If not what can a do about it?
I was given a physical card that expires in 90 days. Do I have to wait to go seek another opinion?
@Len
No it is not true. If there are a multitude of other signs and symptoms, then there may be good cause. Otherwise go somewhere else to get your next DOT card.
I currently use a cpap machine. Am I able to use a second machine for the truck so I am not transporting back and forth? Both would have a card reader. Would I need to have 2 separate readings done for the dot physical?
@Bill
As long as you can show compliance with the unit, you should be fine. If you’re driving OTR then there is enough data on the card. If not you may need both card read-outs.
I am 53 years young on 1/19/15 I went to dr. to get med cert my neck size is 17he said that my bmi was 42.8 and said I need sleep study done . my cdl is set to downgrade 1/30/15 there is no time to have done before deadline as of now I have 7 days left. Please help is there any thing I can do.I am a army vet but they cant get me in in less than 7 days THANKS
@roland
Check with your state drivers license department. Also you should be able to get a short term medical card while you wait for the test and the results, so talk with the examiner about it.
Back in 2009 I was told by the doctor that I had to have a sleep apnea study done in order to get my medical certification. The sleep doctor said I had severe sleep apnea. I spent thousands of dollars on a prescribed dental device. A sleep test with the dental device resulted in the sleep doctor issuing a ruling that I did not have sleep apnea while using the dental device. Since that time I have written on the DMV medical form “sleep apnea effectively controlled by a prescribed dental device”. I can only get a one year medical due to blood pressure medicine I take. This year the medical examiner tells me that due to new DOT rules, I must have my primary care doctor give me paperwork to verify that the dental device is effective 5 years after the sleep doctor said it was working fine. My primary care doctor wants me to go to the sleep doctor again. The sleep doctor wants to do another sleep test before anyone will give me a medical cert. I have to have my class A license for my job as a firefighter, even though I almost never drive. I have to have the commercial license just in case I have to drive in an emergency situation when the normal driver goes in with the ambulance and patient to the hospital. I have two questions. Did they have the right to force me into a sleep test 5 years ago, and if not…it seems to me they should have no current right to force me to continue to takes any more sleep tests. It seems the equivalent of a cop without a proper search warrant kicking in a door and then finding something illegal. What he finds cannot be used since the initial action was not legal. My second question is: since I was cleared by a sleep study 5 years ago with the dental device, can they require me to go through another sleep study 5 years later when it’s already proven effective? Thank you for all of your help.
@Jeff
There are no new rules regarding sleep apnea. The guidelines have been in place for a long time, but people are misreading the guideline, which are not regulation. So my question would be; why would the original sleep doctor, the one who cleared you 5 years ago, want a new sleep study? And secondly, if your doctor cleared you with the device, all he has to do is complete a medical release form stating that the device is and has been working for the past five years.
I went in to get another dot physical done and passed everything I have taken a sleep study test and results were that I didn’t need a cap machine but the examiner says they won’t accept results since I gained weight from last test and wants me to take another can they do that
@Jake
There are NO NEW LAWS regarding sleep apnea.
Go somewhere else for your examination. Someone is just taking advantage of you not knowing this. Be polite, just leave if they start this with you.
CME said I had to have a sleep study. Results were at level 5.8. Sleep study doctor said that D.O.T. regulations require me to use a cpap is this true?
@Mark
According to the FMCSA @ 5 +, you may have a diagnosis of mild sleep apnea.
The primary sleep study and sleep doctor can now make a decision as to whether you need to be on a CPAP unit. I would check with the doctor and ask a few questions regarding this issue. If you do not suffer from any of the principle issue of sleep apnea then he can fill out a form that explains his standing on this issue. The FMCSA does not have a standing regulation/law that demands that you be on a CPAP, unless the doctor feels sure that you suffer from other signs and symptoms of sleep apnea.
I currently have a class A commercial license. I went to tractor trailer school in 1978. I had retired from the Teamsters recently, but I haven’t driven for over two years, so my medical card had expired and it’s been too long for a recert. I was offered a position to drive elderly to and from the doctors, but the company requires a DOT physical. I do have sleep apnea and I have been using it nightly for a couple of years. Would this be sufficient for the medical examiner if I take my C-PAP with me to my physical?
@Joe
Your best bet may be to downgrade your class A to a lower class, and then get your medical card.
Have your primary complete your medical release form for you before you go for the examination for your medical card. That will include the stats from your CPAP. That release will answer many of the examiner’s questions right up front. Good Luck
Hello I just now found out about this sleep study thing.I used to have sleep app but had my tonsils and my uvila snipped. I went back for a sleep study and was cured. Question is that my test was done in 2006 is it to long ago to take this record to the cert exam for dot or will they except it.thanks in advance…Dom
@Dom
No, they will not expect anything. You have far surpassed any requirements. So just answer any questions and you should be good to go.
Thank you very much …very good forum
@Dom
You are very welcome. Thank you for visiting.
Please support our doctors and you will have a very good DOT physical experience.
I was forced to take a sleep apnea test for work i drive tanker trucks and was diagnosed with mild sleep apnea i have a ahi of 10.1 and was given a cpap machine and i really dont feel i need one was never sleepy in the daytime i dont snore even the test said no snoring no urination in the night no limb movement just a bmi of 40 and a neck size of 17.5 i looked up and the guidelines say u have to be at a ahi of over 20 to be on a machine i dont know what to do
When the new guidelines were published, I realized that I could retire rather than go through the training and certification to continue doing DOT exams. So I’m now a full time gardener rather than a miserable doctor having to take drivers’ livelihood away without real evidence that it will improve safety. Mammograms and the PSA test are being questioned because – – although they find disease – – it’s not clear that they save lives. The new guidelines were put into practice with no requirement for assessing risk, cost, and benefit. Evidence based medicine apparently has no place at the FMCSA. They were satisfied with showing that they could tighten up the DOT medical exam process, without balancing it against the enormous cost to individual drivers and society as a whole, and also without showing that more rigorous testing would actually improve safety on the roads. They just assume – – like the promoters of mammograms and PSA tests – – that a “better” test will automatically lead to a better outcome. I am so glad to be out of this business and spending my days with tomatoes and beans (and not having to wonder whether there will be any drivers left to move my vegetables).
Does a driver have to recertifiy when he is put to sleep gor a medical procedure
@Monty
FMCSA states that any illness, injury, or condition that takes a driver from behind the wheel and has him at less that “medical fit for duty” must be re-certified for duty.
So my understanding is, Yes, you would need to re-cert.
I went ahead & recertified anyway . Thanks for the info
@Monty
You are welcome. Glad to hear all went well.
Question, my husband is in the process of going for his CDL and he is in the DOT process. They told him that he needed to have a sleep study done because of his BMI and bcs of his father has sleep apnea and of course he did and they dx him with a very mild case that does not need any sort of tx and that he would be fine to drive. The DOT examiner then told him that his results from the sleep study would only give him a year cert. Is he just going to keep having to do these expensive sleep studies every year? Or should we try with a different examiner the next time he goes to get DOT certified?
@TinaBear
Your last option is your best option.
Since its all about money.I have been on cpap for 14 years and used every night .because I sometimes would hold my breath.sleep study said I had sleep apnea. Not any body decided on the medical side thought it was a big deal until now . I just need data compliance to prove to medical examiner that I use my machine.with high deductible im looking at at least $1500.00 out of pocket to keep my card for 1 year what a deal
can’t afford sleep study. want to buy c pap machine that has Data feature without going to insurance . can I get places like apria to check machine without buying machine from them.what will I need to do . its all about saving money.
@Mark
Sorry we cannot help you with product/vendor information or recommendations.
Our advice is limited to questions about the DOT physical exam and medical card.
TRY SECOND WIND CPAP WHERE YOU CAN PURCHASE SLIGHTLY USED CPAP MACHINES THAT COME WITH A WARRANTY AT REDUCED PRICES. HOPE THIS HELPS YOU OUT.
My question I am a large guy. Went to place for my medical card dr told me only will get 1 yr card due to BP meds ok np but she telling me I need 90 days or history on my cpap I only had 30. Got them the 90 finally. What are the requirements on percent of use. I can’t find any were this info is available.
@Jon
The Medical Expert Panel’s minimum recommended compliance is: 4 hours of CPAP sleep per day; 70% or more days.
Your company/carrier is allowed to impose stricter standards than those recommended by the Medical Review Board.
Some companies are requiring at least 6 hours of CPAP use, 80% of days.
This is explained in Part 5 of this series of articles on Sleep Apnea.
When is this sleep study law come infect in Michigan going to this Dr. I get only one year card because of diabetes wanted a1c did blood work got never got card call them oh know he wants sleep study done 10 days left then no cdl is this the law I need to work
@Cliff
As this article explains – THERE IS NO SLEEP STUDY LAW.
Please read all the parts of this sleep apnea article so you understand your position as a driver, and how to establish if you may be at risk for having sleep apnea.
The final call on sleep apnea screening rests with the medical examiner, but it is based on your overall health picture, not a check list of items such as BMI, neck size, age, etc.
He will not give me a card work tells me they need me now or there replacing me no work no unployment not med. Ready for work this Dr. Making me lose my job whant do I do got a sleep study DEC 29 but I’ll be job less by then please help
@Cliff
There is no new law requiring you to take a sleep study.
So go somewhere else and get your new medical card.
So I am hoping you can help clear up my confusion. I went to the CME that my employer sent me to last week. Was given a 1 year physical. I have a blood pressure issue and understand this. But during the exam the CME, he asked me about any sleep or being tired issues. I marked no on the medical form, and honestly told him I wake up feeling awake and refreshed and do not get tired during the day. But he measured my neck, 17.25”, my BMI is over the 35, and I am over 40, so he said I had to have a sleep apnea study before next year’s physical. Tried to discuss with him, he stated as he walked out “it is mandatory, the law as of May 2014” and would not talk to me anymore. So I have talked to other CME’s that said odds are they would have not put the sleep apnea study requirement on me, but because he did, and now have to do it. I called the Regional Office of FMCSA, and was told that because he wrote it on my paper work that now I have to do the study. But I see in other posts here that it seems recommend that a person should/could wait 30 days and go to different CME. So my confusion is when my year is up can I go to a different CME as option, or do I have to do the sleep apnea study route now?
Also 1 of my co-workers went to the same CME Clinic in May and was flat out failed till he does the sleep apnea study. He is also a big man, over 40. But I was given a year, and he was just failed, same clinic different CME’s. He has not done anything as of yet, he is the shop foreman and does not drive that often. Could he just go to a different CME?
Just total confused and flustered, looking for good direction.
Do the CME’s submit their notes and results or only pass fail and time frame of physical to FMCSA and the State? If so HIPPA laws don’t apply?
Thank you,
@Bob
When it seems out of line, ask to see the law. It does not exist and you are not mandated by anyone, including the FMCSA to do such.
Just go somewhere else when its time for the next DOT. You will still be on a one year card with the blood pressure medication and unless you can get your doctor to remove you from those meds, it will stay that way.
But there is no law or guidelines for neck and bmi in relation to sleep apnea.
I have a current medical card good for 1 year, due to blood pressure. I was given a sleep study referral by my primary doctor, but a tritation test was done, not a sleep study so I really do not know if I have a problem. I was told that I have hypopnea. I now have a cpap with the sleep study cpap salesman of a doctor threatening to remove my cdl for non- compliance. Can he do that if he is not my DOT medical examiner?
@Elkomom
No, they can’t take something away from you that you already have.
Yes, you want to know if you have a condition that is unsafe for yourself and others, so continue on the present path to confirm or deny you have any conditions that would require monitoring by your doctor.
And unless you go and re-take a DOT examination, your non-CME doctor can’t take anything away from you at this point and there are no new rules regarding sleep apnea on the FMCSA books.
Thank you so much for your answers. You are a Godsend in this cpap nightmare.
But what will happen if I return the rent to own cpap machine ( they turned me in to the non-CME for non compliance) and cancel my Nov. compliance appt. with the non-CME doctor? When he reports me for non compliance, he really can’t have my cdl taken away as he threatened? And what about my next years exam? My CME doctor of 4 years was fully aware of all this when he renewed me for a full year.
@Elkomom
If you have a diagnosis of sleep apnea, then use the CPAP as prescribed.
If you do not have sleep apnea, then why would you need a CPAP.
And as far as next time, maybe some of these new CMEs will have read up on what the FMCSA handbook really says and you won’t have these problems. Either way, go elsewhere for your next DOT examination.
Hypopnea is abnormally shallow breathing or holding one’s breath, rather than it being an obstructive problem. This can originate with a central nervous system issue. It can result in the body not getting enough oxygen, the same result as apnea.
A (“without”) pnea (“to breathe”)
Hypo (“less than normal”) pnea (“to breathe”)
That is how it breaks down from the Latin.
It’s possible to be more severely effected by hypopnea if you’re holding your breath or breathing too shallowly (depending on oxygen levels during sleep) than a person who has mild obstructive apnea that occurs with less frequency and doesn’t reduce the oxygen levels as much.
I’m not a doctor but I have severe sleep apnea/hypopnea – I have obstructive events 59 times per hour, and I also don’t have a good inhale/exhale reflex from my central nervous sytem. So I have both issues and I’ve researched them. My oxygen levels in the lab went down to 70% pretty much all night without the CPAP.
The results to the body without getting enough oxygen, even if you don’t have *obstruction* events, can be really bad. Chronic acid reflux (which left alone for too long can lead to esophogeal lesions), weight gain, muscle pain, etc. Even if you don’t experience daytime sleepiness, which I never did, it can ruin your health.
Thank you, I just feel that overall health is so important on the road for even car drivers, the awareness of what lack of oxygen during sleep, from any reason, is going to run you into the ground and take your health either way, even if you’re not tired.
I recently renewed my DOT Medical card and the Dr. let me have it for one year due to high blood pressure that is controlled with medication. BUT he says I have exactly one year to lose over 100 pounds to be at the 30 BMI in order for me to continue driving next year. If I don’t he said I have to look for another job that FDOT requires the 30 BMI or less. Is this true? I haven’t weighed taht since junior high and I am also a mother of 3 and will be 60 next year. I have been driving public transportation bus for 36 years and now my job is at risk because of this issue. He also said since I am overweight then I have sleep apnea, “every overweight person does.” I do not snore or have sleeping problems. He said I HAVE to be tested as well. I am beginning to wonder if he has stock in the C-PAP machines or the Sleep Study Clinic.
@Laura
Such a ruling does not exist.
Yes your medical card is good for one year due to BP medications.
All else is a mis-interpretation of something that does not exist in the rules. Go somewhere else next time for your physical.
That being said, do whatever you can manage to be proactive about taking care of your health.
Is there any doctors out there that will bill a person who needs to have a sleep study done . I have no medical insurance .
@Gregory
We do not refer any sleep facilities.
Best to ask your primary care physician for recommendations. Or start with a Google search on ‘sleep study’ and do your research from there.
Having “no medical insurance” should not be a problem as long as you can pay personally. Many health facilities will give you a substantial discount for cash if you ask, and pay cash up front.
I was issued a 3 month medical card, and it was recommended that I go for a sleep study
because my bmi was 38 and neck size 18,with no other medical conditions present ,my blood pressure is within range and I am on no medications , I have lost 30 lbs and my neck size is now under 17, along with bmi now being under 34 . The medical examiner told me I must still go for a sleep study and he will not issue me a new card until I comply. He also stated that I can not go anywhere else and get a valid card because this is on my record now and I must comply even if I no longer show signs of sleep apnea. Is this true?
@Tom
Untrue.
If you wait thirty days after your last attempt to get your medical card, you can go anywhere you like to get your medical certificate, as long as the examiner is on the National Registry.
And secondly, there is no regulation regarding BMI or neck size. Ask to see the law, it ain’t there so ???
Go somewhere else.
Same crap happened to me. Went in for a new employee everything despite having my two year card they said retake the physical doc said take a sleep test or no two year card, im waiting for a month then going to my doctor. Makes me wonder why my employer uses this doctor office.
So if you wait 30 days you can reapply for a new medical card even if a different doctor said you need a sleep study? Isn’t the results sent to the dot? Wouldn’t new results red flag the other medical card?
@ab
If the first DOT examiner found, after looking at all 7 or 8 criteria for requesting a sleep study, then yes it may flag the medical card. If the original examiner only looked at 1 or 2 of the easiest criteria, then no, because you could go to the FMCSA website and enter into conflict with the examiner. FMCSA does not want you to do that, so really you are only getting a second opinion.
I can understand that the DOT is concerned about accidents caused by sleepiness. I can say that after working since 1998 in the tourbus industry of San Francisco Bay Area, there are a lot of drivers who take any and all opportunities to sleep in their buses. Their ability to drop off in a driver’s seat so easily and set their smartphone alarms to wake up on time – amazes me. I simply cannot sleep in a bus or in a driver’s seat, in fact, nowhere but in a bed.
But now I am told my age, BMI, neck circumference and HP pills is forcing me to take a sleep test to keep the Class B (busdriver’s) licence. I have three months to do it.
If I lose weight enough (say 25 lbs) and lose an inch on the neck within these three months, can I skip the sleep test?
Or do they now have me locked in permanently as a sleep apnea patient? Could I go back and take the physical at another DOT place?
It seems to me that this is a real money-making scam. All the drivers I have known and seen for years sleeping and snoring away seem to be still doing so. Either they work too many hours, drink at night, or just stay up all night on this darn internet. Or it’s the kids???
What do you think – is this a moneymaker deal for some of Washington’s “sleep” friends?
@Mark
Ask anyone who says that you must have this to show you the law. It does not exist.
If you feel you are not at risk for sleep apnea then wait 30 day and go somewhere else for your DOT examination. The person who did your last test does not fully understand the rules and guideline that are being set forth by the FMCSA.
Read Part 2 of our Sleep Apnea Series to make sure you understand the medical examiners role. If there is a reasonable chance of risk in assessing your overall health situation, the examiner is correct in referring you for further testing.
I have a class B CDL for school bus driver. The Nurse Practitioner that I went to for my yearly physical is saying I have to get a sleep study done every year before I can get a new DOT physical. I can’t find that anywhere in writing. Is that just her call? She has given me a 3 month card to get a new sleep study done. My regular doctor says I do not need a new sleep study done at this time as I’m doing great with the cpap machine.
@SL Tracy
It’s just her call. Go somewhere else next time.
Thanks! I couldn’t find anywhere online where it said that it was a requirement. Even the nurse called after work last night and apologized for how the NP was treating me and gave me the number of someone else in our area who can do the physicals.
I’ve been told by the examiner to get a sleep test to get my year card. I do not have CDLs, just a regular license. Do I have to?
@Ron
There is no reason to have a sleep study done unless you feel there may be a problem. If you are not a class A driver, driving interstate, then no you do not have to have a sleep study done. If they insist, ask to see the regulation in writing – It ain’t there.
If a driver has sleep apnea, has started using machine within the last week. Can he get a medical card? What is a CONDITIONAL medical card and it’s restrictions?
@Marta
Once starting on the CPAP he will have a 30 day wait period while he becomes accustomed to the unit. He may be able to get a one month conditional certification.
At one month he must demonstrate satisfactory compliance with CPAP therapy. He should have his doctor fill out a medical release form to take to his next DOT medical examination. After one month, he may be extended to a 3-month card. If compliant at 3 months, he’ll get a 1-year certification.
After that his medical card will be good for one year at a time.
Is there any legal way around this 30 day wait period?
@SciTech
A CME may choose to put him on a thirty day card to allow him to drive while he is acclimating to the device.
This would be a medical examiner decision based on driver circumstances, not a standard guideline by any means.
Otherwise there is no way around the wait period, that I am aware of.