FAA Extension - Actual Text

[wallda]

It has taken me a while to locate this, but I believe this is what will go to the president.

https://www.commerce.senate.gov/public/_cache/files/87d79640-ed29-4b2d-b753-2ff1e013d68c/55FAB49D5D20A65A9BAC5E53F199BE80.hres-.pdf

Page 69 MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.

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SEC. 2307. MEDICAL CERTIFICATION OF CERTAIN SMALLAIRCRAFT PILOTS.
(a) IN GENERAL.—Not later than 180 days after thedate of enactment of this Act, the Administrator of theFederal Aviation Administration shall issue or revise regu-lations to ensure that an individual may operate as pilotin command of a covered aircraft if—
(1) the individual possesses a valid driver’s li-cense issued by a State, territory, or possession ofthe United States and complies with all medical re-quirements or restrictions associated with that li-cense;
(2) the individual holds a medical certificateissued by the Federal Aviation Administration onthe date of enactment of this Act, held such a cer-tificate at any point during the 10-year period pre-ceding such date of enactment, or obtains such acertificate after such date of enactment;
(3) the most recent medical certificate issued bythe Federal Aviation Administration to the indi-vidual—
(A) indicates whether the certificate isfirst, second, or third class;
(B) may include authorization for specialissuance;
(C) may be expired;



(D) cannot have been revoked or sus-
pended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman med-ical certification submitted to the Federal AviationAdministration by the individual cannot have beencompleted and denied;
(5) the individual has completed a medical edu-cation course described in subsection (c) during the24 calendar months before acting as pilot in com-mand of a covered aircraft and demonstrates proofof completion of the course;
(6) the individual, when serving as a pilot incommand, is under the care and treatment of a phy-sician if the individual has been diagnosed with anymedical condition that may impact the ability of theindividual to fly;
(7) the individual has received a comprehensivemedical examination from a State-licensed physicianduring the previous 48 months and—
(A) prior to the examination, the indi-vidual—
(i) completed the individual’s sectionof the checklist described in subsection (b);and



(ii) provided the completed checklist
to the physician performing the examina-tion; and
(B) the physician conducted the com-
prehensive medical examination in accordancewith the checklist described in subsection (b),checking each item specified during the exam-ination and addressing, as medically appro-priate, every medical condition listed, and anymedications the individual is taking; and
(8) the individual is operating in accordancewith the following conditions:
(A) The covered aircraft is carrying notmore than 5 passengers.
(B) The individual is operating the coveredaircraft under visual flight rules or instrumentflight rules.


that

(C) The flight, including each portion offlight, is not carried out—
(i) for compensation or hire, includingthat no passenger or property on the flightis being carried for compensation or hire;
(ii) at an altitude that is more than18,000 feet above mean sea level;



(iii) outside the United States, unless
authorized by the country in which theflight is conducted; or
(iv) at an indicated air speed exceed-ing 250 knots.

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(b) COMPREHENSIVE MEDICAL EXAMINATION.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Adminis- trator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in
subsection (a)(7).
(2) REQUIREMENTS.—The checklist shall con-
tain—
(A) a section, for the individual to com- plete that contains—
(i) boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Admin- istration Form 8500–8 (3–99); and
(ii) a signature line for the individual to affirm that—


(I) the answers provided by the individual on that checklist, including the individual’s answers regarding



medical history, are true and com- plete;
(II) the individual understands that he or she is prohibited under Federal Aviation Administration regu- lations from acting as pilot in com- mand, or any other capacity as a re- quired flight crew member, if he or she knows or has reason to know of any medical deficiency or medically disqualifying condition that would make the individual unable to operate the aircraft in a safe manner; and
(III) the individual is aware of the regulations pertaining to the pro- hibition on operations during medical deficiency and has no medically dis- qualifying conditions in accordance with applicable law;
(B) a section with instructions for the indi- vidual to provide the completed checklist to the physician performing the comprehensive medical examination required in subsection (a)(7); and
(C) a section, for the physician to com- plete, that instructs the physician—



of—

(i) to perform a clinical examination
(I) head, face, neck, and scalp;


(II) nose, sinuses, mouth, and throat;
(III) ears, general (internal and external canals), and eardrums (per- foration);
(IV) eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associ- ated parallel movement, nystagmus);
(V) lungs and chest (not includ- ing breast examination);
(VI) heart (precordial activity, rhythm, sounds, and murmurs);
(VII) vascular system (pulse, am- plitude, and character, and arms, legs, and others);
(VIII) abdomen and viscera (in- cluding hernia);
(IX) anus (not including digital examination);
(X) skin;



(XI) G–U system (not including
pelvic examination);
(XII) upper and lower extrem-
ities (strength and range of motion); (XIII) spine and other musculo-
skeletal;
(XIV) identifying body marks,
scars, and tattoos (size and location); (XV) lymphatics;
(XVI) neurologic (tendon re- flexes, equilibrium, senses, cranial nerves, and coordination, etc.);
(XVII) psychiatric (appearance, behavior, mood, communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and
intermediate vision, field of vision, color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physi- cian, in his or her medical judgment, considers necessary;


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(ii) to exercise medical discretion to
address, as medically appropriate, any medical conditions identified, and to exer- cise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical ex- amination;
(iii) to discuss all drugs the individual reports taking (prescription and non- prescription) and their potential to inter- fere with the safe operation of an aircraft or motor vehicle;
(iv) to sign the checklist, stating: ‘‘I certify that I discussed all items on this checklist with the individual during my ex- amination, discussed any medications the individual is taking that could interfere with their ability to safely operate an air- craft or motor vehicle, and performed an examination that included all of the items on this checklist. I certify that I am not aware of any medical condition that, as presently treated, could interfere with the individual’s ability to safely operate an air- craft.’’; and





(v) to provide the date the comprehen-
sive medical examination was completed, and the physician’s full name, address, telephone number, and State medical li- cense number.
(3) LOGBOOK.—The completed checklist shall be retained in the individual’s logbook and made available on request.

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(c) MEDICAL EDUCATION COURSE REQUIRE-
MENTS.—The medical education course described in this subsection shall—
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in co- ordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;
(3) educate pilots on conducting medical self-as- sessments;
(4) advise pilots on identifying warning signs of potential serious medical conditions;
(5) identify risk mitigation strategies for med- ical conditions;
(6) increase awareness of the impacts of poten- tially impairing over-the-counter and prescription drug medications;



(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the prohibition on operations during medical defi-
ciency and medically disqualifying conditions;
(9) provide the checklist developed by the Fed- eral Aviation Administration in accordance with sub-
section (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the Federal Aviation Administration—
(A) a certification of completion of the medical education course, which shall be printed and retained in the individual’s logbook and made available upon request, and shall contain the individual’s name, address, and airman cer- tificate number;
(B) subject to subsection (d), a release au- thorizing the National Driver Register through a designated State Department of Motor Vehi- cles to furnish to the Federal Aviation Adminis- tration information pertaining to the individ- ual’s driving record;
(C) a certification by the individual that the individual is under the care and treatment



of a physician if the individual has been diag-
nosed with any medical condition that may im- pact the ability of the individual to fly, as re- quired under subsection (a)(6);
(D) a form that includes—
(i) the name, address, telephone num-
ber, and airman certificate number of the individual;
(ii) the name, address, telephone num- ber, and State medical license number of the physician performing the comprehen- sive medical examination required in sub- section (a)(7);
(iii) the date of the comprehensive medical examination required in subsection (a)(7); and
(iv) a certification by the individual that the checklist described in subsection (b) was followed and signed by the physi- cian in the comprehensive medical exam- ination required in subsection (a)(7); and (E) a statement, which shall be printed,
and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stat-



ing: ‘‘I understand that I cannot act as pilot in
command, or any other capacity as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner.’’.
(d) NATIONAL DRIVER REGISTER.—The authoriza- tion under subsection (c)(10)(B) shall be an authorization for a single access to the information contained in the Na- tional Driver Register.
(e) SPECIAL ISSUANCE PROCESS.—
(1) IN GENERAL.—An individual who has quali-
fied for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command of a covered aircraft shall be re- quired to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:
(A) A mental health disorder, limited to an established medical history or clinical diagnosis of—
(i) personality disorder that is severe enough to have repeatedly manifested itself by overt acts;



(ii) psychosis, defined as a case in
which an individual—
(I) has manifested delusions, hal-
lucinations, grossly bizarre or disorga- nized behavior, or other commonly ac- cepted symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behav- ior, or other commonly accepted symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the
previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal Regulations.
(B) A neurological disorder, limited to an
established medical history or clinical diagnosis of any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness with- out satisfactory medical explanation of the cause.



(iii) A transient loss of control of
nervous system functions without satisfac- tory medical explanation of the cause.
(C) A cardiovascular condition, limited to a
one-time special issuance for each diagnosis of the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has required treatment.
(iii) Cardiac valve replacement.

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(iv) Heart replacement.
(2) SPECIAL RULE FOR CARDIOVASCULAR CON-
DITIONS.—In the case of an individual with a car- diovascular condition, the process for obtaining an Authorization for Special Issuance of a Medical Cer- tificate shall be satisfied with the successful comple- tion of an appropriate clinical evaluation without a mandatory wait period.
(3) SPECIAL RULE FOR MENTAL HEALTH CON- DITIONS.—
(A) IN GENERAL.—In the case of an indi- vidual with a clinically diagnosed mental health condition, the third-class medical certificate ex- emption under subsection (a) shall not apply if—

1. 1 (i) in the judgment of the individual’s
2. 2 State-licensed medical specialist, the condi-
3. 3 tion—
4. 4 (I) renders the individual unable
5. 5 to safely perform the duties or exer-
6. 6 cise the airman privileges described in
7. 7 subsection (a)(8); or
8. 8 (II) may reasonably be expected
9. 9 to make the individual unable to per-
10. 10 form the duties or exercise the privi-
11. 11 leges described in subsection (a)(8); or
12. 12 (ii) the individual’s driver’s license is
13. 13 revoked by the issuing agency as a result
14. 14 of a clinically diagnosed mental health con-
15. 15 dition.
16. 16 (B) CERTIFICATION.—Subject to subpara-
17. 17 graph (A), an individual clinically diagnosed
18. 18 with a mental health condition shall certify
19. 19 every 2 years, in conjunction with the certifi-
20. 20 cation under subsection (c)(10)(C), that the in-
21. 21 dividual is under the care of a State-licensed
22. 22 medical specialist for that mental health condi-
23. 23 tion.
24. 24 (4) SPECIAL RULE FOR NEUROLOGICAL CONDI-
25. 25 TIONS.—

(A) IN GENERAL.—In the case of an indi-
vidual with a clinically diagnosed neurological condition, the third-class medical certificate ex- emption under subsection (a) shall not apply if—
(i) in the judgment of the individual’s State-licensed medical specialist, the condi- tion—
(I) renders the individual unable to safely perform the duties or exer- cise the airman privileges described in subsection (a)(8); or
(II) may reasonably be expected to make the individual unable to per- form the duties or exercise the privi- leges described in subsection (a)(8); or (ii) the individual’s driver’s license is
revoked by the issuing agency as a result of a clinically diagnosed neurological condi- tion.
(B) CERTIFICATION.—Subject to subpara-
graph (A), an individual clinically diagnosed with a neurological condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual
is under the care of a State-licensed medical
specialist for that neurological condition.
(f) IDENTIFICATION OF ADDITIONAL MEDICAL CON-
DITIONS FOR CACI PROGRAM.—
(1) IN GENERAL.—Not later than 180 days
after the date of enactment of this Act, the Adminis- trator shall review and identify additional medical conditions that could be added to the program known as the Conditions AMEs Can Issue (CACI) program.
(2) CONSULTATIONS.—In carrying out para- graph (1), the Administrator shall consult with avia- tion, medical, and union stakeholders.
(3) REPORT REQUIRED.—Not later than 180 days after the date of enactment of this Act, the Ad- ministrator shall submit to the appropriate commit- tees of Congress a report listing the medical condi- tions that have been added to the CACI program under paragraph (1).
(g) EXPEDITED AUTHORIZATION FOR SPECIAL
ISSUANCE OF A MEDICAL CERTIFICATE.—

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(1) IN GENERAL.—The Administrator shall im-
plement procedures to expedite the process for ob- taining an Authorization for Special Issuance of a

1. 1 Medical Certificate under section 67.401 of title 14,
2. 2 Code of Federal Regulations.
3. 3 (2) CONSULTATIONS.—In carrying out para-
4. 4 graph (1), the Administrator shall consult with avia-
5. 5 tion, medical, and union stakeholders.
6. 6 (3) REPORT REQUIRED.—Not later than 1 year
7. 7 after the date of enactment of this Act, the Adminis-
8. 8 trator shall submit to the appropriate committees of
9. 9 Congress a report describing how the procedures im-
10. 10 plemented under paragraph (1) will streamline the
11. 11 process for obtaining an Authorization for Special
12. 12 Issuance of a Medical Certificate and reduce the
13. 13 amount of time needed to review and decide special
14. 14 issuance cases.
15. 15 (h) REPORT REQUIRED.—Not later than 5 years
16. 16 after the date of enactment of this Act, the Administrator,
17. 17 in coordination with the National Transportation Safety
18. 18 Board, shall submit to the appropriate committees of Con-
19. 19 gress a report that describes the effect of the regulations
20. 20 issued or revised under subsection (a) and includes statis-
21. 21 tics with respect to changes in small aircraft activity and
22. 22 safety incidents.
23. 23 (i) PROHIBITION ON ENFORCEMENT ACTIONS.—Be-
24. 24 ginning on the date that is 1 year after the date of enact-
25. 25 ment of this Act, the Administrator may not take an en-forcement action for not holding a valid third-class med-

ical 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 Ad- ministrator has published final regulations in the Federal Register under that subsection.
(j) COVERED AIRCRAFT DEFINED.—In this section, the term ‘‘covered aircraft’’ means an aircraft that—
(1) is authorized under Federal law to carry not more than 6 occupants; and
(2) has a maximum certificated takeoff weight of not more than 6,000 pounds.
(k) OPERATIONS COVERED.—The provisions and re-
quirements covered in this section do not apply to pilots who elect to operate under the medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.
(l) AUTHORITY TO REQUIRE ADDITIONAL INFORMA- TION.—
(1) IN GENERAL.—If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator’s Safety Hotline, that reflects on an individual’s abil- ity to safely operate a covered aircraft under the
third-class medical certificate exemption in sub-
section (a), the Administrator may require the indi- vidual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating a covered aircraft.
(2) USE OF INFORMATION.—The Administrator may use credible or urgent information received under paragraph (1) to request an individual to pro- vide additional information or to take actions under section 44709(b) of title 49, United States Code.

[deftone]

So we still need a docs signature on a medical checkout every 4 years. I wonder how many docs are going to be unwilling to take on this "liability"? We may end up going back to the AME for this anyway!

It is good news that it appears to be making its way back through the system though! Congrats to all who made the effort to call their local politicians etc

[wallda]

I work in medical research and have discussed with a few non-AME clinicians and none had concerns. What is nice about the wording, if you current doctor won't sign it you can find another doctor and repeat. There is no denial from the FAA.

[L16 Pilot]

I hold a commercial driver's license (CDL) and also a school bus drivers license and never had a problem my regular doc signing off on the form.

[deftone]

Good to know it shouldnt be a problem then! I was just concerned in these current days of avoiding liability that the docs may not have been willing to sign off on something that they were not familiar with. I noticed a sign in the docs office a few months ago stating that they would no longer sign off on physical exams for the local high school athletes and local youth sport teams (apparently many now require kids to get checked out prior to participating)