Need a second opinion after a DOT physical? Check what 49 CFR 391.47 says.

With the advent of the NRCME, and especially with the current OSA screening controversies, this question is coming up more often, and drivers are getting the perception that certified medical examiners are more “strict” than ever.  The realty is not that medical examiners are more “strict”, but (for want of a better word), probably more “competent” .

More competent because they are now trained in rules and regulations governing commercial driver medical examinations qualifications, and have to pass a certification examination.  This training is generally not part of our medical training (unless of course the examiner is in the field of occupational medicine and received such training in residency or internship).   So if you are a driver who always had an easy time with the physical (whether you were healthy on no medications or with multiple diagnosis and on several mediations), just be aware that the examiner you are seeing now is probably not “strict” or “overzealous” on purpose, but probably just doing a better job.  Still, if you feel you do not agree with the result of your examination from a certain examiner you sought on your own, or one you were sent to by your supervisor or company, perhaps this particular FMCSA regulation might be of help.

49CFR 391.47 Resolution of conflicts of medical evaluation.