The sleep apnea scam

Got a reply from Swift recruiter. She said the sleep study is NOT a Swift requirement BUT I must do what ever the doc says needs to be done (nice save). Since the sleep study is not a DOT requirement and not a Swift requirement that means the doc is requiring tests for his own personal gain and the gain of his pulmonologist buddy... as I see it! I'm not usually a complainer but this dude is standing between me and a job so I might have to call his licensing board and file a complaint. Can't hurt I guess

 

I drove backto Bakersfield to confront the doc and tell; him he had no authority to refuse my medical because sleep apnea testing was neither a DOT or Swift rule. Well he left and returned with this little gem. Guess I am shut down on the issue. Apologized and left.

391.41(b)(5)

A person is physically qualified to drive a commercial motor vehicle if that person:
Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to control and drive a commercial motor vehicle safely.
Since a driver must be alert at all times, any change in his or her mental state is in direct conflict with highway safety. Even the slightest impairment in respiratory function under emergency conditions (when greater oxygen supply is necessary for performance) may be detrimental to safe driving.
There are many conditions that interfere with oxygen exchange and may result in incapacitation, including emphysema, chronic asthma, carcinoma, tuberculosis, chronic bronchitis and sleep apnea. If the medical examiner detects a respiratory dysfunction, that in any way is likely to interfere with the driver's ability to safely control and drive a commercial motor vehicle, the driver must be referred to a specialist for further evaluation and therapy.

Since this is a job requirement wouldn't it be tax deductible for the sleep study? If so I may just bite the bullet and get it done but it is going to hurt dropping a check for $2,260 (today's price when I called, up from $1,200 Friday at the same doctor/clinic).

 

I last drove OTR in 1997