---
kind: "section"
citation: "49 C.F.R. § 390.123"
title: "49"
number: "390.123"
heading: "Medical examiner certification for qualified Department of Veterans Affairs examiners."
url: "https://uscodex.org/cfr/49/390.123"
---

# §390.123. Medical examiner certification for qualified Department of Veterans Affairs examiners.

- (a) For a qualified VA examiner to receive medical examiner certification from FMCSA under [§§ 390.123 through 390.135](/cfr/49/390.123..390.135.md), a person must:
  - (1) Be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional employed in the Department of Veterans Affairs;
  - (2) Be licensed, certified, or registered in a State to perform physical examinations;
  - (3) Register on the National Registry website and receive a National Registry number before taking the training that meets the requirements of [§ 390.125](/cfr/49/390.125.md);
  - (4) Be familiar with FMCSA's standards for, and physical requirements of, a commercial motor vehicle operator requiring medical certification, by completing the training program that meets the requirements of [§ 390.125](/cfr/49/390.125.md);
  - (5) Pass the medical examiner certification test provided by FMCSA, administered in accordance with [§ 390.127](/cfr/49/390.127.md), and has had his or her test information forwarded to FMCSA; and
  - (6) Never have been found to have acted fraudulently with respect to any certification of a commercial motor vehicle operator, including by fraudulently awarding a medical certificate.
- (b) If a person becomes a certified VA medical examiner under [§§ 390.123 through 390.135](/cfr/49/390.123..390.135.md), then to renew such certification the certified VA medical examiner must remain qualified under paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section and complete additional testing and training as required by [§ 390.131(a)(5)](/cfr/49/390.131.md?p=a-5).

## Notes

### Source

Source: 83 FR 26861, June 11, 2018, unless otherwise noted.

### Source

Source: 77 FR 24127, Apr. 20, 2012, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87.

### Source

Source: 53 FR 18052, May 19, 1988, unless otherwise noted.