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well next sept when I see my AME for a reg class 3 I ask if that would scare her off...the thing is MD sign statements like that all the time...on insurance exams,school sports programs,scout camps,summer camps...etc etc...dentists commonly sign similar statements for preschoolers or first time school district sign ups,defense depart requires dental exams for solders before deployment stating no pre existing condition precluding deployment.So any perceived liability is so minimal compared to regular practice liability as to minimal.I think once this gets established there will soon be seminars at AMA conventions as how doing basic med exams can grow their practices with so little liability exposure!Obviously the MD s working in HMO settings etc will not wish to participate..forget Kaiser or blue shield ,blue cross...they are too busy and their administrators won't let them attend.No ,I think if you are tired of your medical being deferred to Oklahoma City...try your local doc in a box.

 

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AC 68-1 Appendix A is the form for the basic med.   I am going to drop a copy off, or possibly see my DR. to see if this is something that She can sign.   Kaiser will not do Drivers license medicals, but She did state if She can call this a "physical" She probably could.

My nest step would be to contact my AME to see what steps He may require.

I am on a SI and am over 40.   I jump thru the hoops yearly.      Younger healthier pilots may want to keep up the 3rd class physical, it may be simpler.

Ron

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21 minutes ago, thinwing said:

well next sept when I see my AME for a reg class 3 I ask if that would scare her off...the thing is MD sign statements like that all the time...on insurance exams,school sports programs,scout camps,summer camps...etc etc...dentists commonly sign similar statements for preschoolers or first time school district sign ups,defense depart requires dental exams for solders before deployment stating no pre existing condition precluding deployment.So any perceived liability is so minimal compared to regular practice liability as to minimal.I think once this gets established there will soon be seminars at AMA conventions as how doing basic med exams can grow their practices with so little liability exposure!Obviously the MD s working in HMO settings etc will not wish to participate..forget Kaiser or blue shield ,blue cross...they are too busy and their administrators won't let them attend.No ,I think if you are tired of your medical being deferred to Oklahoma City...try your local doc in a box.

 

I suspect you are absolutely right. There's not that much out of the ordinary here, not even the threat of fines and imprisonment - that exists every time a physician signs a disability report for an SSI Disability patient. The FAA regularly solicits physician statements in connection with medical applications and Special Insurances. Even when not asked, many doctors will toss in "The patient is ok to pilot" in a report.

The only anecdotal report I've heard was a pilot who reported he brought the sample form to his doctor and asked what she thought. "Bring it in. I'll sign it" was the immediate reply.

We're all speculating. Time will tell. 

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9 minutes ago, N803RM said:

I am on a SI and am over 40.   I jump thru the hoops yearly.      Younger healthier pilots may want to keep up the 3rd class physical, it may be simpler.

Ron

I was on an SI for awhile. Diet and exercise cleared the "condition" up, but I still have to fill out the stupid form every year and get my doc to sign it saying I'm OK.

I'll continue on the 3rd class because I like to fly in class A occasionally, but I suspect if I were in your shoes I'd do the same and let the 3rd class go.

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There in no comparing the liability exposure of sports, scout, scuba, and summer camp physicals to the BasicMed physical.

Most pilots know at least one, if not several, other pilots who have died in small plane crashes.  In my medical career I can't recall ever meeting anyone who has ever met someone who has known a child who died playing sports from a heart condition, or during scouts, summer camp, nor any adult who has died while scuba diving.

To ambulance chasers, every accident is an opportunity to fleece someone, pure and simple.  Every aviation accident where the pilot is killed is grounds for a suit.  Dead men tell no tales, so if Mr. Pilot augers in for absolutely any reason and the autopsy finds that Mr. Pilot had heart disease (which is almost the norm after age 40-50), it will be obvious to the attorney that Mr. Pilot was incapacitated by his heart condition and crashed as a result.  In all reality, such cases will settle out of court.  

Many people do not understand that after accidents many medical lawsuits occur in effort to help the survivors pay for medical costs associated with the accident (i.e. the survivors wouldn't normally sue, but if there are grounds to get money to pay the medical bills, they might pursue a suit).  This is one of the negative consequences of having a a system where we have neither a ~socialized healthcare system nor a system that requires people to carry the insurance coverage required to pay for care if/when injured.

It has not been mentioned here that dentists, chiropractors, and naturopathic physicians all will be able to sign off on BasicMed (if they are a state licensed physician).  With all due respect to my colleagues in healthcare, for certain you can always find someone in one of the more "bankruptcy prone" fields to sign off on anything.

I don't agree with a "time will tell" approach to BasicMed.  AOPA/EAA should get hot on getting rid of this "physician certification" issue before the cement really hardens.

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On January 27, 2017 at 6:32 PM, thinwing said:

He doesn't have to be primary care and you should have a basic comprehensive physical every 4 years anyway..you never got that from your AME..i.e. Worst physical since the one eyed retired Md vouching for scout camp

I don't go to an AME for medical CARE. I go for a medical CERTIFICATE. 

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20 hours ago, Tom said:

There in no comparing the liability exposure of sports, scout, scuba, and summer camp physicals to the BasicMed physical.

Most pilots know at least one, if not several, other pilots who have died in small plane crashes.  In my medical career I can't recall ever meeting anyone who has ever met someone who has known a child who died playing sports from a heart condition, or during scouts, summer camp, nor any adult who has died while scuba diving.

To ambulance chasers, every accident is an opportunity to fleece someone, pure and simple.  Every aviation accident where the pilot is killed is grounds for a suit.  Dead men tell no tales, so if Mr. Pilot augers in for absolutely any reason and the autopsy finds that Mr. Pilot had heart disease (which is almost the norm after age 40-50), it will be obvious to the attorney that Mr. Pilot was incapacitated by his heart condition and crashed as a result.  In all reality, such cases will settle out of court.  

Many people do not understand that after accidents many medical lawsuits occur in effort to help the survivors pay for medical costs associated with the accident (i.e. the survivors wouldn't normally sue, but if there are grounds to get money to pay the medical bills, they might pursue a suit).  This is one of the negative consequences of having a a system where we have neither a ~socialized healthcare system nor a system that requires people to carry the insurance coverage required to pay for care if/when injured.

It has not been mentioned here that dentists, chiropractors, and naturopathic physicians all will be able to sign off on BasicMed (if they are a state licensed physician).  With all due respect to my colleagues in healthcare, for certain you can always find someone in one of the more "bankruptcy prone" fields to sign off on anything.

I don't agree with a "time will tell" approach to BasicMed.  AOPA/EAA should get hot on getting rid of this "physician certification" issue before the cement really hardens.

From the position of risk, I have to disagree. Your comparisons are not valid.

It is easy to find malpractice cases, millions of them perhaps, concerning concussions for example. While none of these may include death of the victim, there is still a lawyer suing for damages. By shear volume these place more risk on the physician than the BasicMed will.   

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3 minutes ago, Marauder said:

Surely, there has to be medical doctors who fly airplanes and understand our needs. Of course, since they all fly Bonanzas, we would all have disqualifying conditions based on their observation that we fly Mooneys.


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some people just like slow airplanes :o

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23 hours ago, Tom said:

There in no comparing the liability exposure of sports, scout, scuba, and summer camp physicals to the BasicMed physical.

Most pilots know at least one, if not several, other pilots who have died in small plane crashes.  In my medical career I can't recall ever meeting anyone who has ever met someone who has known a child who died playing sports from a heart condition, or during scouts, summer camp, nor any adult who has died while scuba diving.

To ambulance chasers, every accident is an opportunity to fleece someone, pure and simple.  Every aviation accident where the pilot is killed is grounds for a suit.  Dead men tell no tales, so if Mr. Pilot augers in for absolutely any reason and the autopsy finds that Mr. Pilot had heart disease (which is almost the norm after age 40-50), it will be obvious to the attorney that Mr. Pilot was incapacitated by his heart condition and crashed as a result.  In all reality, such cases will settle out of court.  

Many people do not understand that after accidents many medical lawsuits occur in effort to help the survivors pay for medical costs associated with the accident (i.e. the survivors wouldn't normally sue, but if there are grounds to get money to pay the medical bills, they might pursue a suit).  This is one of the negative consequences of having a a system where we have neither a ~socialized healthcare system nor a system that requires people to carry the insurance coverage required to pay for care if/when injured.

It has not been mentioned here that dentists, chiropractors, and naturopathic physicians all will be able to sign off on BasicMed (if they are a state licensed physician).  With all due respect to my colleagues in healthcare, for certain you can always find someone in one of the more "bankruptcy prone" fields to sign off on anything.

I don't agree with a "time will tell" approach to BasicMed.  AOPA/EAA should get hot on getting rid of this "physician certification" issue before the cement really hardens.

So you are saying you would participate if the sentence "to my knowledge I know of no condition that would prohibit flying an airplane" were removed?

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I mentioned Dr Achtel in Sacramento..he is an AME,also a pediatric heart surgeon,I believe he has a real life knowledge of medical liability.I am sure DR Tom ,you can imagine the drama of a mother losing her infant to risky surgery to repair a natal heart defect.Another friend and patient abandoned his Obgyn specialty for emerg medicine simply due to liability.Too many addicted mothers with typical results.My point is that after reading the 71 page FAA basic med document ,I continuously see self  certification statements the pilot self certifys..Statements like ,"I am under the care of my physician for this condition"I have a drivers license"I have taken Aopas on line course,I had a medical last 10 years,it was congress intent to change the way FAA aeromedical intrenched archaic medical philosophy affected an aging population of pvt pilots flying light aircraft.Dr Tom has pointed out this entrenched risk adverse self serving beaucracy that I am not even sure are peer reviewed have some unique theory.I can understand Dr Toms objection...the statement it self is completely redundant because in  the FAA preamble and instructions ,they make it clear that every thing (thousands) of conditions could effect the safety of flight.He won't sign it because the statement itself is empirically untrue!That I why I believe it has no legal bearing...it's a catch 22 that won't hold up in court.I wonder what would happen if you Dr Tom lined out the statement ,initialed along with pilot ,that every thing discussed is a condition as treated that could be a safety of flight issue.That is why the requirement for Aopa s self  assessment course,national highway data base request..well anyway ,perfect or not ,it's a start...a direct congressional mandate on this subject that's never happened before!

 

 

 

 

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7 hours ago, mooneyflyfast said:

The proposed FAA form for the Dr. to sign has a warning that he could be liable for a 250,000 fine and 5 years in prison for misrepresentations or concealing facts.  Obviously designed to discourage a Dr. from singing. 

.

That's true of a lot of forms doctors and others fill out for the government. I wonder how many pilots know we "could be liable" for similar penalties for misrepresentations or fraudulent concealment when we fill out our medical applications, applications for pilot certificates and ratings, etc? In theory, for false entries in our logbooks too.

Yes, I have no doubt those penalties will discourage doctors from outright lies on the form.  Whether it does much more than that remains to be seen.

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2 hours ago, midlifeflyer said:

 I wonder how many pilots know we "could be liable" for similar penalties for misrepresentations or fraudulent concealment when we fill out our medical applications....

It's simple un-nuanced language prominently in view when you E-sign the FAA Med-Express form.  

I noticed it yesterday as I filled in the boxes for my 3rd class medical certificate. 

PS. I passed.  

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I have attached section 2307 of the FAA re-authorization act all 2,700 words just for the 3rd class medial reform.  I retrieved this from the Federal web site and I believe this is the final version that was passed and signed by the President.  I reformatted it to make it easier to read and understand if you are not a Washington bureaucrat but still somewhat confusing.  However, I think the best thing that can happen for us is to have the new rules the FAA is proposing regarding this permanently put on hold then subsection (i) takes effect sometime mid this year and all we need to follow is the firs part of the law subsection (a) and everything else becomes a waste of paper.

I did this because it seemed that nobody was posting the text of the law itself just a summary of the good parts not all the gory details.

3rd class medical reform sec 2307.pdf

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10 hours ago, 1964-M20E said:

I have attached section 2307 of the FAA re-authorization act all 2,700 words just for the 3rd class medial reform.  I retrieved this from the Federal web site and I believe this is the final version that was passed and signed by the President.  I reformatted it to make it easier to read and understand if you are not a Washington bureaucrat but still somewhat confusing.  However, I think the best thing that can happen for us is to have the new rules the FAA is proposing regarding this permanently put on hold then subsection (i) takes effect sometime mid this year and all we need to follow is the firs part of the law subsection (a) and everything else becomes a waste of paper.

I did this because it seemed that nobody was posting the text of the law itself just a summary of the good parts not all the gory details.

3rd class medical reform sec 2307.pdf

Have you missed the Final Rule, FAQ, and AC the FAA has published and that we've all been talking about? Or not realize the rule the FAA published is pretty much the statute verbatim? There is nothing in the FAA Final Rule that isn't also in the statute. That's actually the biggest part if the problem.

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9 hours ago, midlifeflyer said:

Have you missed the Final Rule, FAQ, and AC the FAA has published and that we've all been talking about? Or not realize the rule the FAA published is pretty much the statute verbatim? There is nothing in the FAA Final Rule that isn't also in the statute. That's actually the biggest part if the problem.

What the FAA did in their rules was add the form for the doctor to sign off on, list all the things the doctor needs to check, the medical education course to be done every 2 years and the penalties to the doctor for not reporting something per the law and who knows what else.  If the FAA does nothing those items do not exist and if you have had a class 3 physical in the last 10 years you are good to go.   Subsection (a) shown below with section 5 in green which does not apply if the FAA does not publish any rules regarding the law. 

Subsection (i) below in yellow eliminates all other sections of the law except subsection (a) if the FAA does not create the rules.  The pilot then only needs to make a good faith effort  to have a physical and comply with the law. 

So my take on it is no forms to fill out, no medical education course to do every 2 years just got see you doctor for a routine physical every 4 years or sooner and you are good to go.  Simple easy compliance with a physical to fly is the intent of the law and what we battled for but the bureaucrats and backroom deals muddied the waters with everything below subsection (a).  The only thing is you need to have had a 3rd class physical or better in the past 10 years that has not been revoked or suspended and special issuance counts or a new pilot need to get a 3rd class initially.  I'm no lawyer but that is how I read it.

So again we are much better off with this if the FAA does nothing.  We need to keep the bureaucrats out of the mix here and the temporary suspension of any new rules by the Feds is a good thing in this case.

 

SEC. 2307 NOTE: 49 USC 44703 note MEDICAL CERTIFICATION OF                      CERTAIN SMALL AIRCRAFT PILOTS.

 

(a) NOTE: Deadline. Regulations; In General Not later than

180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if

(1) The individual possesses a valid driver's license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

(2) NOTE: Time period the individual holds a medical certificate issued by the Federal Aviation Administration on the date of enactment of this Act, held such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of   enactment;

(3) The most recent medical certificate issued by the Federal Aviation Administration to the individual

(A) Indicates whether the certificate is first, second, or third class;

(B) May include authorization for special issuance;

(C) May be expired

(D) Cannot have been revoked or suspended; and

(E) Cannot have been withdrawn;

(4) the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied

(5) NOTE: Time period the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course

(6) the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly

(7) NOTE: Time period the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months and

(A) prior to the examination, the individual

(i) completed the individual's section of the checklist described in subsection(b) and

(ii) provided the completed checklist to the physician performing the examination; and

(B) the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b), checking each item specified during the examination and addressing, as      medically appropriate, every medical condition listed, and any medications the individual is taking; and

(8) the individual is operating in accordance with the following conditions:

(A) The covered aircraft is carrying not more than 5 passengers.        (B) The individual is operating the covered aircraft under visual flight rules or instrument flight rules.

(C) The flight, including each portion of that flight, is not carried out

(i) for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

(ii) at an altitude that is more than 18,000 feet above mean sea level                        (iii) outside the United States, unless authorized by the country in which the flight is conducted; or

(iv) at an indicated air speed exceeding 250 knots.

 

(i) NOTE: Effective date. Regulations. Federal Register, publication; Prohibition on Enforcement Actions.--Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet, through a good faith effort, the applicable requirements under subsection (a), except paragraph (5) of that subsection, unless the Administrator has published final regulations in the Federal Register under that subsection.

 

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30 minutes ago, 1964-M20E said:

What the FAA did in their rules was add the form for the doctor to sign off on, list all the things the doctor needs to check, the medical education course to be done every 2 years and the penalties to the doctor for not reporting something per the law and who knows what else.  If the FAA does nothing those items do not exist and if you have had a class 3 physical in the last 10 years you are good to go.   Subsection (a) shown below with section 5 in green which does not apply if the FAA does not publish any rules regarding the law. 

Subsection (i) below in yellow eliminates all other sections of the law except subsection (a) if the FAA does not create the rules.  The pilot then only needs to make a good faith effort  to have a physical and comply with the law. 

So my take on it is no forms to fill out, no medical education course to do every 2 years just got see you doctor for a routine physical every 4 years or sooner and you are good to go.  Simple easy compliance with a physical to fly is the intent of the law and what we battled for but the bureaucrats and backroom deals muddied the waters with everything below subsection (a).  The only thing is you need to have had a 3rd class physical or better in the past 10 years that has not been revoked or suspended and special issuance counts or a new pilot need to get a 3rd class initially.  I'm no lawyer but that is how I read it.

So again we are much better off with this if the FAA does nothing.  We need to keep the bureaucrats out of the mix here and the temporary suspension of any new rules by the Feds is a good thing in this case.

 

SEC. 2307 NOTE: 49 USC 44703 note MEDICAL CERTIFICATION OF                      CERTAIN SMALL AIRCRAFT PILOTS.

 

 

 

(a) NOTE: Deadline. Regulations; In General Not later than

 

180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if

 

(1) The individual possesses a valid driver's license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

 

(2) NOTE: Time period the individual holds a medical certificate issued by the Federal Aviation Administration on the date of enactment of this Act, held such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of   enactment;

 

(3) The most recent medical certificate issued by the Federal Aviation Administration to the individual

 

(A) Indicates whether the certificate is first, second, or third class;

 

(B) May include authorization for special issuance;

 

(C) May be expired

 

(D) Cannot have been revoked or suspended; and

 

(E) Cannot have been withdrawn;

 

(4) the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied

 

(5) NOTE: Time period the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course

 

(6) the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly

 

(7) NOTE: Time period the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months and

 

(A) prior to the examination, the individual

 

(i) completed the individual's section of the checklist described in subsection(b) and

 

(ii) provided the completed checklist to the physician performing the examination; and

 

(B) the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b), checking each item specified during the examination and addressing, as      medically appropriate, every medical condition listed, and any medications the individual is taking; and

 

(8) the individual is operating in accordance with the following conditions:

 

(A) The covered aircraft is carrying not more than 5 passengers.        (B) The individual is operating the covered aircraft under visual flight rules or instrument flight rules.

 

(C) The flight, including each portion of that flight, is not carried out

 

(i) for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

 

(ii) at an altitude that is more than 18,000 feet above mean sea level                        (iii) outside the United States, unless authorized by the country in which the flight is conducted; or

 

(iv) at an indicated air speed exceeding 250 knots.

 

 

(i) NOTE: Effective date. Regulations. Federal Register, publication; Prohibition on Enforcement Actions.--Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet, through a good faith effort, the applicable requirements under subsection (a), except paragraph (5) of that subsection, unless the Administrator has published final regulations in the Federal Register under that subsection.

 

 

Except that subsection a requires the completion of the checklist in subsection b.

" the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection ( b ) "

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Yes that is true but if the FAA does not make the check list the subsection (i) takes over and you make a good faith effort to comply with the law and the items listed in subsection (b).  Which most any good physical from a doctor will cover and you keep a record of you doctor visit and in my opinion you are good to go.

The biggest thing is there is medical education course every 2 years you visit you doctor regularly for a good physical and if you are under the care and treatment for other medical conditions and you have been cleared for normal activity again you are good to go.

At least my reading of it if the FAA does not make any additional rules.  Remember the bureaucrats can really foul this up if they have their way and in my opinion the FAA wants to remove any and all good faith efforts by pilots and have full control over the medical process.

 

 

 

 

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On ‎1‎/‎27‎/‎2017 at 4:01 PM, N803RM said:

I talked to my primary care giver Tuesday at Kaiser.  She told me that Kaiser will not do drivers license medicals.  She "may" be able to help and call it a general purpose medical and fill out the paper work.  She does sign yearly a letter to the FAA for my SI.  She is also not a fan of flying, and I have offered many times to take her for a ride.

Last week, I found a draft of the medical form on line and can not find it again.  Do you have a copy that could be shared/??   My SI expires the end of May.  Hopefully with the form she will understand more and help.    I may have to continue with the SI or try something else.   I am also going to call me AME and get his input.

Thanks Ron

I saw my personal Dr. at Kaiser yesterday, bad news on other stuff.  She did say that She would sign the Medical form, after all, who knows me better medically than her.  She did ask about the Cardiologist, and I told her that those requirements would not be required anymore, but I do feel that they would be a great idea to continue with.

Ron

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Yes that is true but if the FAA does not make the check list the subsection (i) takes over and you make a good faith effort to comply with the law and the items listed in subsection (B).  Which most any good physical from a doctor will cover and you keep a record of you doctor visit and in my opinion you are good to go.
The biggest thing is there is medical education course every 2 years you visit you doctor regularly for a good physical and if you are under the care and treatment for other medical conditions and you have been cleared for normal activity again you are good to go.
At least my reading of it if the FAA does not make any additional rules.  Remember the bureaucrats can really foul this up if they have their way and in my opinion the FAA wants to remove any and all good faith efforts by pilots and have full control over the medical process.
 
 
 
 


If a physician treats the examination as whether or not a person can drive a car, I think we will be fine. Even with that, they are not in the business of telling someone they shouldn't drive anymore. In my state, this is the extent of the medical requirements:

"You are physically or mentally unable to drive safely. If you are subject to loss of consciousness from diseases of the central nervous system, you must furnish the Division a written certification by your family physician that your infirmity is under sufficient control to permit you to drive a motor vehicle safely. Medical and Vision evaluation forms are available."

Go to a DMV and watch the eye exam of a 90 year old and you know driving is treated as a "right". How many of you had to help convince your parents to hand in the car keys?

I believe the FAA will be providing physicians some training and guidelines on the examination. That will be the real indicator of how difficult this process will be.

Wonder if the they will include the color blindness requirement?


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