Dispute Aids Medical Reciprocity

A dispute over the medical exams that Canadian truck drivers need to work in the U.S. may result in a long-awaited reciprocity agreement between the two countries.

The crisis arose when the Canadian Medical Protective Assn., an organization that provides legal help and insurance to physicians, recommended that doctors stops performing the medical exams because of liability fears.

CMPA said Canadian doctors who sign the American medical form could be sued if the driver got into an accident in the U.S.

“Our legal counsel informed us that if a Canadian physician examined a Canadian driver and signed that form, it would be enough information or evidence for U.S. courts to accept jurisdiction for that doctor to be sued in the U.S.,” said Dr. James Sproule, a spokesman for the CMPA.

Dr. Sproule said the costs of legal settlements in the U.S. are 50 to 100 times higher than in Canada. “If we had a series of these very expensive legal actions in the U.S., it would have a significant detrimental effect on the overall insurance fees for physicians in Canada, not to mention the individual who may be pulled into a lawsuit in the U.S.,” he said.

CMPA’s recommendation alarmed the Canadian Trucking Alliance, a federation of provincial trucking associations.

“If acted upon at large, this will have extremely serious consequences not only for the trucking industry in Canada, but for Canadian trade in general,” David Bradley, CTA’s executive officer, wrote in a letter to CMPA.

To operate in the U.S., Canadian drivers must have a physical exam every two years and carry proof at all times. If doctors followed CMPA’s advice, drivers would have to have their exams performed in the U.S. or stay out.

Both sides believe the solution is for the U.S. and Canada to recognize each other’s medical exams. Such an arrangement between the two countries was agreed upon in principle two years ago under the North American Free Trade Agreement but was stalled while the driver licensing agencies in Canada’s provinces worked on details.

Implementation of the reciprocity agreement becomes more urgent now if Canadian doctors refuse to carry out U.S. medical exams. To accelerate agreement ratification, an emergency meeting of provincial transportation officials was held Nov. 4.

“That should clear the way for a formal exchange of letters to take place between Canada and the U.S. so that the agreement can be put in place,” said Graham Cooper, CTA senior vice president. “How soon that will be is open to debate, but a lot sooner that we thought it was going to happen.”

Once the letters are exchanged, it will take 90 days for the reciprocity agreement to go into effect.