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FAA regs re: antidepressant use

vettdvr" said:
Correct if the FE never had the form and denied the medical then as I understand the system he could fly sport in accordance with sport regs.
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Ummmmm, not quite accurate. Might want to look at CFR 61.53.
Either way it does not mean he should not train.
 
(b) Operations that do not require a medical certificate. For operations provided for in Sec. 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.
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I'm not a lawyer, but I would argue that a medical statement from a Dr. saying he is fit to operate a motor vehicle would suffice. The Sport Pilot medical regs are less restrictive for a reason. If he thinks he is safe, and his prescribing Dr. agrees, then.....
 
Don Tedrow" said:
<div class="ubbcode-block"><div class="ubbcode-header">Quote:"](b) Operations that do not require a medical certificate. For operations provided for in Sec. 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.
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I'm not a lawyer, but I would argue that a medical statement from a Dr. saying he is fit to operate a motor vehicle would suffice. The Sport Pilot medical regs are less restrictive for a reason. If he thinks he is safe, and his prescribing Dr. agrees, then..... [/quote]

I am not a lawyer as well, but am playing Devils Advocate. The major issue would be if an incident were to occur. I have assisted in enough aircraft crash investigations to know that one of the first things after an accident a blood draw would be done (whether alive or deceased) to determine what medications are in the pilots system, it is standard procedure for all NTSB investigations involving injury or death. If there is a prescribed medication,the investigators next move will be to talk to the doctor. If the doctor says he is safe to operate an aircraft on those medications, he assumes the responsibility and the liability, however the pilot also always assumes the most responsibility and liability when making the decision to fly and believe me a civil litigation lawyer would also be all over it. I had to research medications during my quest to get my medical, which took me almost a year the first time August 2010 to June 2011. Most of the medications listed do have negative side effects when it comes to aviation when first started. Depression, suicidal thoughts and tendencies, raised blood pressure, dizziness and insomnia are just a few.

An example of worst case scenario.

Lawyer- So Mr. Aviator your blood test after the accident shows that you were on prescription medication for clinical depression prior to the accident. Were you aware of the possible side effects of these medications and that theory can be aggravated at higher altitudes? You recently filled out a medical certification application with Dr. So and So correct and he said that you would be denied a medical certificate based on the medication you were prescribed?

Pilot- yes sir, but my doctor told me I was safe to fly using these medications.

Lawyer- Is your doctor a certified AME who is trained in aviation medicine who can tell you that you are safe to operate an aircraft?

Pilot- Well no

Lawyer- Mr. Aviator, is it not true that you made a decision to fly knowing that the medications you were prescribed could have negative side effects and that regardless of what the AME told you, you disregarded that information and tried to find a loophole to fly and in doing so were responsible for the death of.........

The final decision of course is his, but the consequences for a bad decision can be severe.
 
The final decision of course is his, but the consequences for a bad decision can be severe.
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I agree, and note that the consequences for any kind bad decisions may always be severe in aviation. Bad decisions cause most accidents. However, in my own experience, Drs do routinely prescribe anti-depressants and other, similar drugs for mild conditions. My own son was prescribed by a military Dr. However, he was not restricted from operating any machinery or handling a weapon, and he does both weekly. I would not hesitate to allow him to fly an airplane, on or off medication, were he so rated.
 
Thanks. Didn't expect there to be this much discussion with my post.

A private-pilot-friend in Seattle, whom I consulted ten days ago after getting the AME's email, said the same as some of you: consider sport pilot training for now as a way to keep going in aviation. Again: I did not file an official MedXpress form with the FAA; I only consulted via email with an AME that had been recommended to me.

I may just check-in with my CFI once a month and go up for a flight as a way to keep my feet in the water with Cessna/PPL-directed flying. Also, the suggestion to get my written out of the way is also a good piece of advice. It's been hard to adjust to the suddenness of the news. Unfortunately, I can't afford to fly with my CFI for months just to wait it out. I think a year is unnecessarily excessive, but the FAA makes the rules.
 
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So you didn't submit anything to the FAA? Am I missing something here?

Why not switch to one of the 4 approved anti-depressants, go to a different AME, and get your medical? Just don't mention your short stint on the non-approved one.

Am I missing something here?
 
There may be a small light at the end of the tunnel. I read that the FAA is considering changing the 12-month waiting period to 6-months. But, that being said, there are a lot of hoops to jump through in getting a special issuance while on a SSRI. And it is not cheap either. It will cost you up to a few thousand dollars to get through the SSRI special issuance. I know someone who went that route.
 
I agree that light sport would be the way to go. It would get you flying solo and the transition to your PPL won't take that much time.

I sympathize with you medical issues. I have had to jump the FAA hoops WAY TOO MANY times. Two SI's the most recent has me taking multiple tests every year. What a pain.

My advice to anyone getting a medical is don't tell them anything you don't have to tell them.

Things will get worse, now that the Government is getting involved in Health Care. Anything you talk to your doctor about can become an issue, just because it was mentioned. I am currently addressing issues with the FAA about an unfounded concern I discussed with my personal physician. Unfortunately it was part of my medical records submitted for a SI.

Once the FAA gets hold of it..... It is forever.

Considering Sport Pilot myself.
 
You are not required to list anything that is considered routine.

Eye checks, physicals, dental, dematology checks. Also if you went for a visit for a reason and no treatment (ex virus) is needed just say no treatment.

If you do have a health issue you must list it but you don't have to shoot yourself in the foot.

Ex.. visit dematology for checks for skin cancer and have them burned off. You might say went to doc for cancer, or you might not list it because it is a routine regular annual check for prevention.
 
vettdvr" said:
You are not required to list anything that is considered routine.

Eye checks, physicals, dental, dematology checks. Also if you went for a visit for a reason and no treatment (ex virus) is needed just say no treatment.

If you do have a health issue you must list it but you don't have to shoot yourself in the foot.

Ex.. visit dematology for checks for skin cancer and have them burned off. You might say went to doc for cancer, or you might not list it because it is a routine regular annual check for prevention.
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Agreed. Be careful what you tell your personal physician as well as your AME. You never know what may find its way into your medical history and how it may be used "against" you. I always ask my physician for a copy of my medical records so I can review the information. If there is an error or some questionable information, I address it before it goes any further. Just as you should "police" your credit report for errors, as a pilot you need to do the same with your medical records. Don't be paranoid, just exercise due diligence.
 
Dr. Bruce Chien IS the go to guy on any medical certificate issues. Period, end of discussion. I recommend that you visit the AOPA Forum and do a search on what Dr. Chien has said on this very subject. You can also post anonymously on the Medical Matters Forum and he usually will answer your questions directly.

http://forums.aopa.org/forumdisplay.php?f=12
 
BNB-SP" said:
Why not switch to one of the 4 approved anti-depressants, go to a different AME, and get your medical? Just don't mention your short stint on the non-approved one.
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In these days of electronic medical records, that's precisely what you do not want to do. The penalties when this comes to the surface (and it likely will - sooner or later) will be serious. It really will be in his best interest to jump through all of the silly FAA hoops now rather than put everything at risk. When they ask "Have you ever...?" and "List all visits during the past 5 years." that's exactly what they expect you to do. They don't take it too lightly when they catch you falsifying information on a medical application.
 
Correct me if I'm wrong, but by law, medical records are confidential and may only be released with your permission. I doubt the FAA could gain access to anything until after the fact of an incident, and then only by warrant.

The FAA world is a strange place. Tough call.
 
Cessna Dude" said:
Correct me if I'm wrong, but by law, medical records are confidential and may only be released with your permission. I doubt the FAA could gain access to anything until after the fact of an incident, and then only by warrant.

The FAA world is a strange place. Tough call.
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Correct me if I am wrong:

I am protected against Illegal search of my plane, except by Homeland security when they detrmine they want to.

I have the right to a private email unless the feds want to listen

I have the right to private cell message unless the feds decide they want to ease drop

I have the right to private medical records unless..........you fill it in.
 
Agreed. 110%

But as we all know, the FAA doesn't do a thing that is proactive, unless it's by an act of Congress. Unless they have something to suspect, there's no way they are going to examine your medical history. How on earth would they even know where to find it? Which doctor? Which clinic? Which hospital to ask? They have no clue.

It takes the retirement check salivating grey hairs months to do anything the private sector can do in hours. The FAA taking on any additional work or responsibility unless they see a smoking gun seems highly unlikely to me.

It all boils down to only telling them what you want them to know. What you want them to know is the ethical question.
 
If it comes up (and it has) all they have to do is get your medical insurance EOBs. The insurance codes will give them everything they need to know. Now, if you wanted to do it and pay cash under an assumed name then it's what your conscience will bear.
 
vettdvr" said:
Correct me if I am wrong:

I am protected against Illegal search of my plane, except by Homeland security when they detrmine they want to.

I have the right to a private email unless the feds want to listen

I have the right to private cell message unless the feds decide they want to ease drop

I have the right to private medical records unless..........you fill it in.
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A strict constitutionalist would argue that none of the rights you listed above exist.
 
I don't think there are any strict constitutionalist to argue the point, but then what do I know I'm not a lawyer all I do is read the documents. To each their own interpertation which is why this country has so many lawyers.
 
vettdvr" said:
I don't think there are any strict constitutionalist to argue the point, but then what do I know I'm not a lawyer all I do is read the documents. To each their own interpertation which is why this country has so many lawyers.
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You don't think there are any strict constitutionalist?
 
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