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Todd Dills

Language of the sleep apnea bill close to becoming law

| October 08, 2013
This poll ran with reporting last week on reactions to news of the bill discussed in this post. Read the full report here.
This poll ran with reporting last week on reactions to news of the bill discussed in this post. Read the full report here.

Reader David Gilland shared a note yesterday on Overdrive‘s Facebook page relative to the sleep apnea bill that passed the House with a unanimous vote before the government’s partial shutdown and which has now passed the Senate: “You need to publish the sleep apnea bill so drivers understand what congress is requiring FMCSA to do,” he wrote. 

Good call, David, and apologies for not doing it before now — one reason we hadn’t as yet I suspect is due to the ultimate simplicity of the bill, i.e. there’s not more than a single page to it, as this pdf will show (follow the link to download a copy you can share around at will). Text of the bill — follow the status of H.R. 3095 via GovTrack.us — is as follows:

An Act
To ensure that any new or revised requirement providing for the screening, testing, or treatment of individuals operating commercial motor vehicles for sleep disorders is adopted pursuant to a rulemaking proceeding, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. COMMERCIAL MOTOR VEHICLE OPERATOR REQUIREMENTS RELATING TO SLEEP DISORDERS.
(a) IN GENERAL. —The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding.
(b) APPLICABILITY. —Subsection (a) shall not apply to a requirement that was in force before September 1, 2013.
(c) SLEEP DISORDERS DEFINED. —In this section, the term “sleep disorders” includes obstructive sleep apnea.

And that is the extent of it. Some commenters have seen this as nothing more than Congressional go-ahead granted to FMCSA to get on with whatever sleep-apnea-related medical certification rules they have in the works, but given the complex formality of the rulemaking process the bill requires, with copious time allowed for individual input, others have looked more favorably on the bill. What do you think? 

In any case, I hope the text here might clear up any confusion about just what the bill seeks to do. 

RELATED: 
Senate passes sleep apnea bill
Amid government shutdown furor, a tap on the sleep apnea brakes
FMCSA: Expect apnea guidance in near term
Sleep apnea reg recommendations: Comments closed?
Language of the MCSAC/Medical Review Board apnea recommendations

  • MercenaryMan

    Todd Please keep us abreast of when the PUBLIC COMMENT part comes, I think we need make sure the language of all possible treatment alternatives need to be made firm in the bill, Dental appliances should be part of the legal treatment, the manufactureres of RESMED, PHILLIPS AND GE whove spent millions gearing up with machines that are expensive and not easy to learn to use, will fight that tooth and nail as they have a vested interest in seeing the dental treatments not used, they would lose there interest in sleep apnea quickly once they found out there expensive machines arent the ONLY treatment.

  • Jason Haggard

    This bill really means nothing, it only requires them to allow public comments before they go ahead and ignore those comments like they have done with every other listening session.

  • lejoelle

    That is correct, all approved methods needs to be on the table.
    From the start the vested interests have been sitting at the table with FMCSA as advisors to the language regarding sleep apnea. Every regulation is backed by a group that wants its passage, it is the trucking interests that are not represented or very little input from our side.
    It is usually the haters of trucking that gets to sit at the table and add their agenda to the rule making.
    Where are the haters of trucks when their family member is the cause of an accident……they are wanting more regulations put on the industry.

  • Pingback: 8 Things That Increase Sleep Apnea Risk | Help Liberate My Arena

  • Jeff Wolsieffer

    I still feel like I was duped into this. I’ve gone from getting 8 of the 10 hours needed for sleep every night for driving OTR to staying awake for 4 hours and 10 minutes every night making sure the mask doesn’t fall off then trying to fall asleep during the remaining hours then driving completely wore-out every day for the last year – at least!
    Aren’t there LAWs against Whome You Need To Sleep With in the U.S. anymore?
    I mean, what part of having a 10 hour reset provides for C-PAP Compliance?
    – JW

  • Guest

    Well I am going to keep driving and I am never going to take one of those tests because this is America a free country start insulating people with your bullshit did you need to go to a different country because we in America will not stand for it thank you have a great day

  • William Davis

    well I’m going to keep driving and I’m never going to take that test because this is America a free country and if you want to start inslaving people you need to go to a different country this is America we will not stand for it if they want to do something that’s going to be helpful for the truck driving industry they need to get rid of everybody out of FMCSA and put truck drivers in their place they have been on the road for at least 10 yearsall those people who are making decisions for us don’t know the first thing about trucking and they do not listen to what we have to say because they don’t care they’re just in it for the money and that needs to stop

  • Roy Ijams

    While on cpap device I sleepwalked out of semi. My wife was driving about 60 at the time. Was 6/8/12. Trying be complaint again I slept 8 hr’s on cpap. I woke up feeling disoriented. Had a seizure about 5 min’s later. After a seizure you can’t drive for 10 yrs. Sleep clinic fraud is in billions. Oxygen toxicity can cause coma and death. Some infants that were put on cpap were blinded. Some negative posts about cpap get deleted. And sleep folks deny any negative side effects. Found 2 cases where people died on cpap. Oxygen level in lungs is not the same as in finger tips.

  • Tony

    Don’t like the fact that I was recommended for the sleep study. I just cut the fast food that truck drivers tend to eat and feel much better. As for you drivers saying you won’t follow the law. You’re probably the ones speeding out there trying to be a company man. We need truck drivers in America that are fit. And for the guy that walked out of his truck while his wife was doing 50 mph, she must of laughed the whole time. Stop the stories and keep on trucking!

  • Roy Ijams

    I can’t drive because of seizures after cpap usage. My grand daughter pulled the hose off my face mask trying to wake me up. As for who’s laughing at is sleep clinics the have been getting billions from fraudulent billing. If you think it so funny stay at home and have someone drive you every where you need togo. When I worked in oilfield I replaced others that passed out from heat. When driving I tried to unload most of my loads. As a driver trainer I wanted my students to be aware of things lumpers will try. We had a good job. Was making a good living had money in the bank still have money in our retirement fund. Oxygen toxicity can cause coma and or death. Oxygen theory has caused blindness and death in infants. Yep company man I’ve been hit head on by a four wheeler. My wife has been mooned by a driver, and had a driver pull over in front of us and to keep from hitting him we passed him on the shoulder. She has 30yrs with no speeding tickets. Have had several CVSA stickers. High value loads that required an escort. And put up with a lot of disrespectful drivers. I’ve done some research. Found billions in fraud. And the best you have is you think my wife and grand daughter would have found it funny to watch me roll down the highway and be hauled off. That is more of a reflection on your opinions.

  • DAK

    3/20/15 I went to do a pre employment DOT exam A little short fat lady told me I have a big neck and asked if I snore and feel tired when I wake .I made the mistake of telling her yes a little but I work nights and have kids and dogs that run around all day and yes I feel a little tired when I wake up. Sometimes its hard to sleep. Right away she told me I have to do a sleep study. I feel she made an incorrect call and she is the one with the big neck and needs a sleep study. I don’t have sleep apnea, I’m not even working for the company yet, I drive a tanker 8 to 10 hours a night,I’m not an OTR driver and now I have to do this rip you off test and the company I work for is not going to pay the 3500 they are trying to scam. I don’t have the money and she is threatening me with taking away my med card.She tells me if she don’t have proof I did the test within three months she will not update my medical card. Is this black mail to get my money? She is not even a doctor.

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