Medical question

RV7Guy · #1 09-08-2013, 05:16 PM

A friend of mine recently had a minor heart attack and ultimately a stint procedure. He is a PP with Class 3 medical. He thinks he doesn't have to report this until his next medical. He has been flying.

I have searched Part 67 and this is definitely a disqualifying event but I can't find any, "duty to report." I know there has to be something there.

I'd hate to see this guy lose his ticket over a misconception of the FAR's.

Any information?......

az_gila · #2 09-08-2013, 05:45 PM

Darwin, does this help?

http://www.faa.gov/licenses_certific...ance/coronary/

I think FAR 61.53 is the one you were looking for -

§ 61.53 Prohibition on operations during medical deficiency.

(a) Operations that require a medical certificate. Except as provided for in paragraph (b) of this section, no person who holds a medical certificate issued under part 67 of this chapter may act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person:

(1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or

(2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation.

(b) Operations that do not require a medical certificate. For operations provided for in § 61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.

(c) Operations requiring a medical certificate or a U.S. driver's license. For operations provided for in § 61.23(c), a person must meet the provisions of—

(1) Paragraph (a) of this section if that person holds a medical certificate issued under part 67 of this chapter and does not hold a U.S. driver's license.

(2) Paragraph (b) of this section if that person holds a U.S. driver's license.

I guess it's not a "duty to report", but rather a "duty to not act as a pilot"

RV7Guy · #3 09-08-2013, 06:05 PM

Hi Gil,

Thanks for that. I saw that section and it applies but it is typical of the FAR's in vagueness.

I could have sworn I saw a mandatory notification on issues like this somewhere.

Again, thanks!!

John Owen · #4 09-08-2013, 06:20 PM

No mandatory reporting usually required but it requires a six month stand down then apply for a special issuance. The reg is not real clear about the reporting requirement. The FAA seems to like for the Part 121 guys to let them know but I have heard it differently from one FAA guy to the next. The requirements for the special issuance are things/tests that would be typically done by the cardiologist anyway. For any specific questions, feel free to PM me.

John
Sr. AME
RV-8

DanBaier · #5 09-08-2013, 06:27 PM

There is no required notification. However, having the cardiac event means the existing medical certificate is no longer valid at this point.

That does not mean that this person cannot fly sport pilot. If they never report anything and never seek another medical, they can, in fact, fly sport pilot (assuming they meet the other prescribed requirements).

It does not mean they cannot fly aircraft than light sport - someone else has to be on board as the PIC.

Also, probably a good idea to check the insurance policy requirements.

Dan

flyinga · #6 09-08-2013, 06:27 PM

Mandatory reporting is required for DUIs, etc. Perhaps that is what caused your confusion.

Brantel · #7 09-08-2013, 06:38 PM

I have personal first hand experience with this issue.....

Your friend is wrong and is in violation of the FAR's if he is acting as PIC of an aircraft that requires a 3rd class medical or above. In the past there was a mandatory 6 month grounding for stents before the test could even be done to attempt to get a special issuance medical. There has been some indication that this wait time is soon to be shortened.

If he wants to fly on a 3rd class medical, he has no choice but to go thru this process and he will be stuck with a special issuance medical as long as the current rules are in place. The typical cardiac SI requires renewal at least once a year.

Take a look at the back of any medical certificate. It specifically spells out the rules around medical deficiency.

Your friend might as well face the facts and get started with the process as it is a bunch of long red tape. After the waiting period, the FAA will ask that he submit a bunch of current test results, history, details of what happened to him, records on his hospitalization, records and actual video of his stenting procedure, doctor dictations, pretty much everything. They usually want originals where possible and are very picky! He might as well start collecting this stuff now because they will want it and it takes time to collect. They will want current test results of whatever they decide they want to see tested. Those test will not be accepted if they are done before the required waiting period and they cannot be too old either.

Once he gets em everything they want, it is a waiting game of anywhere from 3-6 months. They may even ask for more stuff once the case goes before the board.

It can be done, many have done it. I have been on a SI since 2008.

If your friend keeps flying, he is breaking the law, jeopardizing GA and most likely his insurance will not pay of something happens while he is PIC....

BobTurner · #8 09-08-2013, 06:39 PM

There is no reporting rule. But as Gil pointed out, he knows he has had a disqualifying 'event' which will require a special issuance, so he cannot legally act as PIC or a required crewmember until he does report it, and gets a waiver from his AME and Oklahoma City.
Good News: for minor heart attacks the FAA is giving out waivers pretty routinely now. I think there is a 6 month wait, and then a stress test (don't quote me on this). A former 182 partner got his class three medical back after a similar procedure. AOPA can be helpful.
Bad news: if he self-certifies that he is safe he can fly a sport plane under the sport pilot rules. But if he goes to his AME and his request for a medical waiver is refused, he cannot fly at all, not even as a sport pilot. Tough call.

LettersFromFlyoverCountry · #9 09-09-2013, 06:59 AM

In the end, the only question, I think, is when does he want to be grounded while the FAA -- in all its sequester glory -- takes its sweet time getting him back in the air -- now? Or at the next medical?

I've missed the entire flying season after my event and I'm kind of kicking myself that I waited until May to start over with the medical folks.

And still grounded, of course.

Bill.Peyton · #10 09-09-2013, 07:22 AM

I can not see any reason to report the condition until the next scheduled medical or six months, which ever occurs last. My understanding is there is a 6 month waiting period from the medical procedure, prior to their consideration for a special issuance. Reporting it gains you nothing. If you report it you could no longer fly Light Sport category.

As others have stated. Your medical certificate is no longer valid due to this disqualifying condition. I also suspect your insurance would not be in force.