| (b) No disease or condition of the middle or
internal ear, nose, oral cavity, pharynx, or larynx that—
(1) Interferes with, or is aggravated by, flying or
may reasonably be expected to do so; or
(2) Interferes with clear and effective speech
communication.
(c) No disease or condition manifested by, or that
may reasonably be expected to be manifested by, vertigo or a disturbance of
equilibrium.
§ 67.307 Mental.
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Mental standards for a third-class airman medical
certificate are:
(a) No established medical history or clinical
diagnosis of any of the following:
(1) A personality disorder that is severe enough to
have repeatedly manifested itself by overt acts.
(2) A psychosis. As used in this section,
“psychosis” refers to a mental disorder in which—
(i) The individual has manifested delusions,
hallucinations, grossly bizarre or disorganized behavior, or other commonly
accepted symptoms of this condition; or
(ii) The individual may reasonably be expected to
manifest delusions, hallucinations, grossly bizarre or disorganized
behavior, or other commonly accepted symptoms of this condition.
(3) A bipolar disorder.
(4) Substance dependence, except where there is
established clinical evidence, satisfactory to the Federal Air Surgeon, of
recovery, including sustained total abstinence from the substance(s) for not
less than the preceding 2 years. As used in this section—
(i) “Substance” includes: alcohol; other sedatives
and hypnotics; anxiolytics; opioids; central nervous system stimulants such
as cocaine, amphetamines, and similarly acting sympathomimetics;
hallucinogens; phencyclidine or similarly acting arylcyclohexylamines;
cannabis; inhalants; and other psychoactive drugs and chemicals; and
(ii) “Substance dependence” means a condition in
which a person is dependent on a substance, other than tobacco or ordinary
xanthine-containing (e.g., caffeine) beverages, as evidenced by—
(A) Increased tolerance;
(B) Manifestation of withdrawal symptoms;
(C) Impaired control of use; or
(D) Continued use despite damage to physical health
or impairment of social, personal, or occupational functioning.
(b) No substance abuse within the preceding 2 years
defined as:
(1) Use of a substance in a situation in which that
use was physically hazardous, if there has been at any other time an
instance of the use of a substance also in a situation in which that use was
physically hazardous;
(2) A verified positive drug test result, an
alcohol test result of 0.04 or greater alcohol concentration, or a refusal
to submit to a drug or alcohol test required by the U.S. Department of
Transportation or an agency of the U.S. Department of Transportation; or
(3) Misuse of a substance that the Federal Air
Surgeon, based on case history and appropriate, qualified medical judgment
relating to the substance involved, finds—
(i) Makes the person unable to safely perform the
duties or exercise the privileges of the airman certificate applied for or
held; or
(ii) May reasonably be expected, for the maximum
duration of the airman medical certificate applied for or held, to make the
person unable to perform those duties or exercise those privileges.
(c) No other personality disorder, neurosis, or
other mental condition that the Federal Air Surgeon, based on the case
history and appropriate, qualified medical judgment relating to the
condition involved, finds—
(1) Makes the person unable to safely perform the
duties or exercise the privileges of the airman certificate applied for or
held; or
(2) May reasonably be expected, for the maximum
duration of the airman medical certificate applied for or held, to make the
person unable to perform those duties or exercise those privileges.
[Doc. No. 27940, 61 FR 11256, Mar. 19, 1996, as
amended by Amdt. 67–19, 71 FR 35764, June 21, 2006]
§ 67.309 Neurologic.
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Neurologic standards for a third-class airman
medical certificate are:
(a) No established medical history or clinical
diagnosis of any of the following:
(1) Epilepsy;
(2) A disturbance of consciousness without
satisfactory medical explanation of the cause; or
(3) A transient loss of control of nervous system
function(s) without satisfactory medical explanation of the cause.
(b) No other seizure disorder, disturbance of
consciousness, or neurologic condition that the Federal Air Surgeon, based
on the case history and appropriate, qualified medical judgment relating to
the condition involved, finds—
(1) Makes the person unable to safely perform the
duties or exercise the privileges of the airman certificate applied for or
held; or
(2) May reasonably be expected, for the maximum
duration of the airman medical certificate applied for or held, to make the
person unable to perform those duties or exercise those privileges.
§ 67.311 Cardiovascular.
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Cardiovascular standards for a third-class airman
medical certificate are no established medical history or clinical diagnosis
of any of the following:
(a) Myocardial infarction;
(b) Angina pectoris;
(c) Coronary heart disease that has required
treatment or, if untreated, that has been symptomatic or clinically
significant;
(d) Cardiac valve replacement;
(e) Permanent cardiac pacemaker implantation; or
(f) Heart replacement.
§ 67.313 General medical condition.
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The general medical standards for a third-class
airman medical certificate are:
(a) No established medical history or clinical
diagnosis of diabetes mellitus that requires insulin or any other
hypoglycemic drug for control.
(b) No other organic, functional, or structural
disease, defect, or limitation that the Federal Air Surgeon, based on the
case history and appropriate, qualified medical judgment relating to the
condition involved, finds—
(1) Makes the person unable to safely perform the
duties or exercise the privileges of the airman certificate applied for or
held; or
(2) May reasonably be expected, for the maximum
duration of the airman medical certificate applied for or held, to make the
person unable to perform those duties or exercise those privileges.
(c) No medication or other treatment that the
Federal Air Surgeon, based on the case history and appropriate, qualified
medical judgment relating to the medication or other treatment involved,
finds—
(1) Makes the person unable to safely perform the
duties or exercise the privileges of the airman certificate applied for or
held; or
(2) May reasonably be expected, for the maximum
duration of the airman medical certificate applied for or held, to make the
person unable to perform those duties or exercise those privileges.
§ 67.315 Discretionary issuance.
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A person who does not meet the provisions of
§§67.303 through 67.313 may apply for the discretionary issuance of a
certificate under §67.401.
Subpart E—Certification Procedures
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§ 67.401 Special issuance of medical
certificates.
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(a) At the discretion of the Federal Air Surgeon,
an Authorization for Special Issuance of a Medical Certificate
(Authorization), valid for a specified period, may be granted to a person
who does not meet the provisions of subparts B, C, or D of this part if the
person shows to the satisfaction of the Federal Air Surgeon that the duties
authorized by the class of medical certificate applied for can be performed
without endangering public safety during the period in which the
Authorization would be in force. The Federal Air Surgeon may authorize a
special medical flight test, practical test, or medical evaluation for this
purpose. A medical certificate of the appropriate class may be issued to a
person who does not meet the provisions of subparts B, C, or D of this part
if that person possesses a valid Authorization and is otherwise eligible. An
airman medical certificate issued in accordance with this section shall
expire no later than the end of the validity period or upon the withdrawal
of the Authorization upon which it is based. At the end of its specified
validity period, for grant of a new Authorization, the person must again
show to the satisfaction of the Federal Air Surgeon that the duties
authorized by the class of medical certificate applied for can be performed
without endangering public safety during the period in which the
Authorization would be in force.
(b) At the discretion of the Federal Air Surgeon, a
Statement of Demonstrated Ability (SODA) may be granted, instead of an
Authorization, to a person whose disqualifying condition is static or
nonprogressive and who has been found capable of performing airman duties
without endangering public safety. A SODA does not expire and authorizes a
designated aviation medical examiner to issue a medical certificate of a
specified class if the examiner finds that the condition described on its
face has not adversely changed.
(c) In granting an Authorization or SODA, the
Federal Air Surgeon may consider the person's operational experience and any
medical facts that may affect the ability of the person to perform airman
duties including—
(1) The combined effect on the person of failure to
meet more than one requirement of this part; and
(2) The prognosis derived from professional
consideration of all available information regarding the person.
(d) In granting an Authorization or SODA under this
section, the Federal Air Surgeon specifies the class of medical certificate
authorized to be issued and may do any or all of the following:
(1) Limit the duration of an Authorization;
(2) Condition the granting of a new Authorization
on the results of subsequent medical tests, examinations, or evaluations;
(3) State on the Authorization or SODA, and any
medical certificate based upon it, any operational limitation needed for
safety; or
(4) Condition the continued effect of an
Authorization or SODA, and any second- or third-class medical certificate
based upon it, on compliance with a statement of functional limitations
issued to the person in coordination with the Director of Flight Standards
or the Director's designee.
(e) In determining whether an Authorization or SODA
should be granted to an applicant for a third-class medical certificate, the
Federal Air Surgeon considers the freedom of an airman, exercising the
privileges of a private pilot certificate, to accept reasonable risks to his
or her person and property that are not acceptable in the exercise of
commercial or airline transport pilot privileges, and, at the same time,
considers the need to protect the safety of persons and property in other
aircraft and on the ground.
(f) An Authorization or SODA granted under the
provisions of this section to a person who does not meet the applicable
provisions of subparts B, C, or D of this part may be withdrawn, at the
discretion of the Federal Air Surgeon, at any time if—
(1) There is adverse change in the holder's medical
condition;
(2) The holder fails to comply with a statement of
functional limitations or operational limitations issued as a condition of
certification under this section;
(3) Public safety would be endangered by the
holder's exercise of airman privileges;
(4) The holder fails to provide medical information
reasonably needed by the Federal Air Surgeon for certification under this
section; or
(5) The holder makes or causes to be made a
statement or entry that is the basis for withdrawal of an Authorization or
SODA under §67.403.
(g) A person who has been granted an Authorization
or SODA under this section based on a special medical flight or practical
test need not take the test again during later physical examinations unless
the Federal Air Surgeon determines or has reason to believe that the
physical deficiency has or may have degraded to a degree to require another
special medical flight test or practical test.
(h) The authority of the Federal Air Surgeon under
this section is also exercised by the Manager, Aeromedical Certification
Division, and each Regional Flight Surgeon.
(i) If an Authorization or SODA is withdrawn under
paragraph (f) of this section the following procedures apply:
(1) The holder of the Authorization or SODA will be
served a letter of withdrawal, stating the reason for the action;
(2) By not later than 60 days after the service of
the letter of withdrawal, the holder of the Authorization or SODA may
request, in writing, that the Federal Air Surgeon provide for review of the
decision to withdraw. The request for review may be accompanied by
supporting medical evidence;
(3) Within 60 days of receipt of a request for
review, a written final decision either affirming or reversing the decision
to withdraw will be issued; and
(4) A medical certificate rendered invalid pursuant
to a withdrawal, in accordance with paragraph (a) of this section, shall be
surrendered to the Administrator upon request.
(j) No grant of a special issuance made prior to
September 16, 1996, may be used to obtain a medical certificate after the
earlier of the following dates:
(1) September 16, 1997; or
(2) The date on which the holder of such special
issuance is required to provide additional information to the FAA as a
condition for continued medical certification.
§ 67.403 Applications, certificates, logbooks,
reports, and records: Falsification, reproduction, or alteration; incorrect
statements.
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(a) No person may make or cause to be made—
(1) A fraudulent or intentionally false statement
on any application for a medical certificate or on a request for any
Authorization for Special Issuance of a Medical Certificate (Authorization)
or Statement of Demonstrated Ability (SODA) under this part;
(2) A fraudulent or intentionally false entry in
any logbook, record, or report that is kept, made, or used, to show
compliance with any requirement for any medical certificate or for any
Authorization or SODA under this part;
(3) A reproduction, for fraudulent purposes, of any
medical certificate under this part; or
(4) An alteration of any medical certificate under
this part.
(b) The commission by any person of an act
prohibited under paragraph (a) of this section is a basis for—
(1) Suspending or revoking all airman, ground
instructor, and medical certificates and ratings held by that person;
(2) Withdrawing all Authorizations or SODA's held
by that person; and
(3) Denying all applications for medical
certification and requests for Authorizations or SODA's.
(c) The following may serve as a basis for
suspending or revoking a medical certificate; withdrawing an Authorization
or SODA; or denying an application for a medical certificate or request for
an authorization or SODA:
(1) An incorrect statement, upon which the FAA
relied, made in support of an application for a medical certificate or
request for an Authorization or SODA.
(2) An incorrect entry, upon which the FAA relied,
made in any logbook, record, or report that is kept, made, or used to show
compliance with any requirement for a medical certificate or an
Authorization or SODA.
§ 67.405 Medical examinations: Who may give.
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(a) First-class. Any aviation medical
examiner who is specifically designated for the purpose may give the
examination for the first-class medical certificate. Any interested person
may obtain a list of these aviation medical examiners, in any area, from the
FAA Regional Flight Surgeon of the region in which the area is located.
(b) Second- and third-class. Any aviation
medical examiner may give the examination for the second- or third-class
medical certificate. Any interested person may obtain a list of aviation
medical examiners, in any area, from the FAA Regional Flight Surgeon of the
region in which the area is located.
§ 67.407 Delegation of authority.
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(a) The authority of the Administrator under 49
U.S.C. 44703 to issue or deny medical certificates is delegated to the
Federal Air Surgeon to the extent necessary to—
(1) Examine applicants for and holders of medical
certificates to determine whether they meet applicable medical standards;
and
(2) Issue, renew, and deny medical certificates,
and issue, renew, deny, and withdraw Authorizations for Special Issuance of
a Medical Certificate and Statements of Demonstrated Ability to a person
based upon meeting or failing to meet applicable medical standards.
(b) Subject to limitations in this chapter, the
delegated functions of the Federal Air Surgeon to examine applicants for and
holders of medical certificates for compliance with applicable medical
standards and to issue, renew, and deny medical certificates are also
delegated to aviation medical examiners and to authorized representatives of
the Federal Air Surgeon within the FAA.
(c) The authority of the Administrator under 49
U.S.C. 44702, to reconsider the action of an aviation medical examiner is
delegated to the Federal Air Surgeon; the Manager, Aeromedical Certification
Division; and each Regional Flight Surgeon. Where the person does not meet
the standards of §§67.107(b)(3) and (c), 67.109(b), 67.113(b) and (c),
67.207(b)(3) and (c), 67.209(b), 67.213(b) and (c), 67.307(b)(3) and (c),
67.309(b), or 67.313(b) and (c), any action taken under this paragraph other
than by the Federal Air Surgeon is subject to reconsideration by the Federal
Air Surgeon. A certificate issued by an aviation medical examiner is
considered to be affirmed as issued unless an FAA official named in this
paragraph (authorized official) reverses that issuance within 60 days after
the date of issuance. However, if within 60 days after the date of issuance
an authorized official requests the certificate holder to submit additional
medical information, an authorized official may reverse the issuance within
60 days after receipt of the requested information.
(d) The authority of the Administrator under 49
U.S.C. 44709 to re-examine any civil airman to the extent necessary to
determine an airman's qualification to continue to hold an airman medical
certificate, is delegated to the Federal Air Surgeon and his or her
authorized representatives within the FAA.
§ 67.409 Denial of medical certificate.
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(a) Any person who is denied a medical certificate
by an aviation medical examiner may, within 30 days after the date of the
denial, apply in writing and in duplicate to the Federal Air Surgeon,
Attention: Manager, Aeromedical Certification Division, AAM–300, Federal
Aviation Administration, P.O. Box 26080, Oklahoma City, Oklahoma 73126, for
reconsideration of that denial. If the person does not ask for
reconsideration during the 30-day period after the date of the denial, he or
she is considered to have withdrawn the application for a medical
certificate.
(b) The denial of a medical certificate—
(1) By an aviation medical examiner is not a denial
by the Administrator under 49 U.S.C. 44703.
(2) By the Federal Air Surgeon is considered to be
a denial by the Administrator under 49 U.S.C. 44703.
(3) By the Manager, Aeromedical Certification
Division, or a Regional Flight Surgeon is considered to be a denial by the
Administrator under 49 U.S.C. 44703 except where the person does not meet
the standards of §§67.107(b)(3) and (c), 67.109(b), or 67.113(b) and (c);
67.207(b)(3) and (c), 67.209(b), or 67.213(b) and (c); or 67.307(b)(3) and
(c), 67.309(b), or 67.313(b) and (c).
(c) Any action taken under §67.407(c) that wholly
or partly reverses the issue of a medical certificate by an aviation medical
examiner is the denial of a medical certificate under paragraph (b) of this
section.
(d) If the issue of a medical certificate is wholly
or partly reversed by the Federal Air Surgeon; the Manager, Aeromedical
Certification Division; or a Regional Flight Surgeon, the person holding
that certificate shall surrender it, upon request of the FAA.
§ 67.411 Medical certificates by flight surgeons
of Armed Forces.
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(a) The FAA has designated flight surgeons of the
Armed Forces on specified military posts, stations, and facilities, as
aviation medical examiners.
(b) An aviation medical examiner described in
paragraph (a) of this section may give physical examinations for the FAA
medical certificates to persons who are on active duty or who are, under
Department of Defense medical programs, eligible for FAA medical
certification as civil airmen. In addition, such an examiner may issue or
deny an appropriate FAA medical certificate in accordance with the
regulations of this chapter and the policies of the FAA.
(c) Any interested person may obtain a list of the
military posts, stations, and facilities at which a flight surgeon has been
designated as an aviation medical examiner from the Surgeon General of the
Armed Force concerned or from the Manager, Aeromedical Education Division,
AAM–400, Federal Aviation Administration, P.O. Box 26082, Oklahoma City,
Oklahoma 73125.
§ 67.413 Medical records.
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(a) Whenever the Administrator finds that
additional medical information or history is necessary to determine whether
an applicant for or the holder of a medical certificate meets the medical
standards for it, the Administrator requests that person to furnish that
information or to authorize any clinic, hospital, physician, or other person
to release to the Administrator all available information or records
concerning that history. If the applicant or holder fails to provide the
requested medical information or history or to authorize the release so
requested, the Administrator may suspend, modify, or revoke all medical
certificates the airman holds or may, in the case of an applicant, deny the
application for an airman medical certificate.
(b) If an airman medical certificate is suspended
or modified under paragraph (a) of this section, that suspension or
modification remains in effect until the requested information, history, or
authorization is provided to the FAA and until the Federal Air Surgeon
determines whether the person meets the medical standards under this part.
§ 67.415 Return of medical certificate after
suspension or revocation.
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The holder of any medical certificate issued under
this part that is suspended or revoked shall, upon the Administrator's
request, return it to the Administrator |
