Legal Briefing

A change to the FAA's medical application

A few years ago, there were several prosecutions of pilots who visited an FAA-designated aviation medical examiner (AME) for a medical certificate and provided incorrect answers on their FAA medical certificate application forms. The Justice Department criminally prosecuted the pilots under a federal statute that prohibits anyone from knowingly and willfully making a material false representation to the government. The FAA acted to revoke the pilots' airman and medical certificates because their intentionally false answers violated the federal aviation regulations.

The Justice Department prosecutions and the FAA enforcement actions came about because of a cross-matching of medical information that took place between the FAA and the Social Security Administration. The government discovered that some pilots were receiving social security benefits for medical conditions that were not properly disclosed on the medical certificate application form. These pilots denied that they intentionally falsified the form and contended that there was not a specific question on the application form that fairly asked for the information. One of the questions on the application form that was intended to elicit this kind of information was Item 18(x), which asks, "Have you ever in your life or do you presently have illness, disability, or surgery?" These pilots answered no.

An 18-month probe called "Operation Safe Pilot" investigated 40,000 pilots residing in northern California. The operation discovered approximately 3,220 pilots with current medical certificates who were collecting Social Security benefits for an array of illnesses that were medically disqualifying. This investigation resulted in the U.S. Attorney General's Office prosecuting at least 40 pilots.

As a consequence of that experience, the FAA is changing the form to add a specific question in Item 18(y) that asks for disclosure of "medical disability benefits." The FAA intends to elicit information about any disability benefits, not just those benefits from the Social Security Administration. The privacy statement that accompanies the application form has also been changed to state that the FAA is authorized to disclose information to other federal agencies for verification of the accuracy or completeness of the information.

An important responsibility is placed on a pilot who applies for an airman medical certificate. The FAA expects the pilot to answer all of the questions on the form fully and accurately in order to make an appropriate determination of medical qualifications. In addition to identifying information such as name, address, and physical description, the form asks detailed questions about the applicant's medical history. It asks about any admissions to a hospital (any time) and about any visits to health professionals in the preceding three years. It also specifically asks about any history of frequent or severe headaches, episodes of unconsciousness, diabetes, and allergies.

One tricky question asks about the current use of any medication, even nonprescription. There is also a question that asks about your driving record (especially related to alcohol or drugs, and includes loss of driving privileges) and a question about any non-traffic convictions of a felony or a misdemeanor. Another question, which seems out of place on this medical form, is one that calls for your total flight time, to date and in the past six months. For any positive answers, details of the condition are to be provided in the Explanations section on the form. At the bottom of the form, the pilot must sign the form certifying that all statements and answers provided on the form "are complete and true to the best of my knowledge."

Completing the FAA's medical certificate application form can sometimes feel like a daunting task, especially when we see that the government is swift to take serious action against the pilot for an incorrect answer or the omission of elicited information.

When filling out the form, take your time and read the questions thoroughly, use the instruction sheet to help you, and seek help from the AME if something does not seem clear. If possible, practice filling out the form in advance of your visit to the examiner; consider using AOPA's TurboMedical. Seek advice, if necessary, so that you are not rushed into answering--or answering incorrectly--the questions while in the AME's office.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.