Policies
- Antitrust -
Approved by the NADME Board of Directors April 2005
The National Academy of DOT Medical Examiners (Academy) is a national not-for-profit professional
organization that exists to promote and enhance the quality and level of professional knowledge
and skills of medical practitioners and other individuals who perform or assist in the performance
of medical examinations to determine the physical qualification of drivers of commercial motor
vehicles subject to the regulations of the federal Department of Transportation, state agencies,
and/or the laws of foreign jurisdictions including (but not limited to Canada and Mexico). The
Academy is not organized to and may not play any role in the competitive decisions of its members
or their employees, nor in any way restrict competition among members or potential members.
The Academy provides a forum for exchange of ideas in a variety of settings including its annual
meeting, educational programs, committee meetings, and Board meetings. The Board of Directors of
the Academy College recognizes the possibility that the College and its activities could be viewed
by some as an opportunity for anti-competitive conduct. Therefore, the Board is promulgating this
policy statement to clearly and unequivocally support the policy of competition served by the
antitrust laws and to communicate the Academy's uncompromising policy to comply strictly in all
respects with those laws.
While recognizing the importance of the principle of competition served by the antitrust laws,
the Academy also recognizes the severity of the potential penalties that might be imposed on not
only the Academy but its members as well in the event that certain conduct is found to violate
the antitrust laws. Should the Academy or its members be involved in any violation of federal/state
antitrust laws, such violation can involve both civil as well as criminal penalties that may
include imprisonment for up to 3 years as well as fines up to $350,000 for individuals and up to
$10,000,000 for the Academy plus attorney fees. In addition, damage claims awarded to private
parties in a civil suit are tripled for antitrust violations. Given the severity of such penalties,
the Board intends to take all necessary and proper measures to ensure that violations of the
antitrust laws do not occur.
In order to ensure that the Academy and its members comply with the antitrust laws, the following
principles will be observed:
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The National Academy of DOT Medical Examiners, its committees, forums, and activities shall not
be used for the purpose of bringing about or attempting to bring about any understanding
or agreement, written or oral, formal or informal, expressed or implied, among two or more
members or other competitors with regard to prices or terms and conditions of contracts for
services or products. Discussions and exchanges of information about such topics will not
be permitted at Academy meetings or other activities.
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There will be no discussions discouraging or withholding patronage or services from, or
encouraging exclusive dealing with: any DOT medical practitioner or group of practitioners;
any other health care provider or group of health care providers; any supplier or group of
suppliers of DOT driver physical examination products or other health care products or services;
any consumer of DOT driver physical examinations or other heal care products or services;
any actual or potential competitor or group of actual potential competitors; any patients or
group of patients; or any private or governmental reimburser.
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There will be no discussions about allocating or dividing geographic or service markets,
customers, or patients.
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There will be no discussions about restricting, limiting, prohibiting, or sanctioning
advertising or solicitation that is not false, misleading, deceptive, or directly competitive
with Academy products or services.
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There will be no discussions about discouraging entry into or competition in any segment of
the DOT medical examiner market, or the health care market in general.
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There will be no discussions about whether the practices of any member, actual or potential
competitor, or other person are unethical or anti-competitive, unless the discussions or
complaints follow the prescribed due process provisions of the Academy.
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Speakers at committees, educational meetings, or other business meetings of the Academy
shall be informed that they must comply with the Academy's antitrust policy in the preparation
and the presentation of their remarks. Meetings will follow a written agenda approved in
advance by the Academy or its legal counsel.
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Meetings will follow a written agenda. Minutes will be prepared after the meeting to provide
a concise summary of important matters discussed and actions taken or conclusions reached.
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At informal discussions at the site of any Academy meeting, all participants are expected
to observe the same standards of personal conduct as are required of the Academy in its compliance.
- Copyright -
NOTICE: The use, publication, transmission, copying, reproduction, distribution, dissemination,
sale, participation in the transfer or sale, and/or any other unauthorized use or appropriation of
all or any portion or part of the training course and/or certification exam, by any means
whatsoever (including but not limited to, through photographic or electronic means and/or technology)
without NADME's prior written authorization is prohibited and will
result in appropriate legal measures being taken by NADME. The
modification, creation of a new work(s) from, display, or exploitation in any other way of all or
any portion of NADME's training and/or certification examination is
also prohibited without NADME's prior written authorization.
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