Backcountry Pilot • Pilot Bill of rights 2 / medical

Pilot Bill of rights 2 / medical

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Re: Pilot Bill of rights 2 / medical

I dont get it.. it asks for the doc to sign that he is not AWARE of any conditions... this does not shove a stick of dynamite up the drs ass and light the fuse for him.

This is no different than asking yourself if your OK to make this flight today. The Dr can't be held liable if you lied to him as he was OBVIOUSLY not "aware" or made aware of a condition.

Seems that we have a shit ton of arm chair lawyers here that are fully convinced that their opinions are the only way that the bill can be read.

There will never ever be a way to make 100% of the people happy. Yes a few will end up still not being able to fly but as others have said, they cant fly now so why should it be any skin off my dick? If those who can't fly now but have a true passion for flying, they would be out flying ultralights or building something in the garage and flying it out of the back yard or someones pasture. How many people do you see that are convicted time and time again or driving while license revoked.. big deal, that still does not stop them from driving. A piece of paper in my hand from ANY dr. certainly wont stop me from flying if I truly want to fly.

I will gladly take any improvement we have on the current system and not bitch because I only got the steak and not the baked potato or asparagus on the side
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Re: Pilot Bill of rights 2 / medical

+1, Leni.
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Re: Pilot Bill of rights 2 / medical

mtv wrote:
marcusofcotton wrote:
hotrod180 wrote:Is a drivers license mentioned anywhere in this proposal? Is there still gonna be a 3rd class medical?


Copy and paste from the beginning of S571 text:

1.Short title
This Act may be cited as Pilot’s Bill of Rights 2.

2.Medical certification of certain small aircraft pilots
(a)In general
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if—

(1)the individual possesses a valid driver’s license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;...


Marcus,

Sorry, but that's just from the summary of the bill. Read the full text, where you'll find this:

(2) REQUIREMENTS.—The checklist shall contain—

(A) a section, for the individual to complete that contains—

(i) boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Administration Form 8500–8 (3–99);

(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 complete;

(II) the individual understands that he or she is prohibited under Federal Aviation Administration regulations from acting as pilot in command, or any other capacity as a required 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 prohibition on operations during medical deficiency and has no medically disqualifying conditions in accordance with applicable law;

(B) a section with instructions for the individual 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 complete, that instructs the physician—

(i) to perform a clinical examination of—

(I) head, face, neck, and scalp;

(II) nose, sinuses, mouth, and throat;

(III) ears, general (internal and external canals), and eardrums (perforation);

(IV) eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associated parallel movement, nystagmus);

(V) lungs and chest (not including breast examination);

(VI) heart (precordial activity, rhythm, sounds, and murmurs);

(VII) vascular system (pulse, amplitude, and character, and arms, legs, and others);

(VIII) abdomen and viscera (including hernia);

(IX) anus (not including digital examination);

(X) skin;

(XI) G–U system (not including pelvic examination);

(XII) upper and lower extremities (strength and range of motion);

(XIII) spine and other musculoskeletal;

(XIV) identifying body marks, scars, and tattoos (size and location);

(XV) lymphatics;

(XVI) neurologic (tendon reflexes, 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 physician, in his or her medical judgment, considers necessary;

(ii) to exercise medical discretion to address, as medically appropriate, any medical conditions identified, and to exercise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination;

(iii) to discuss all drugs the individual reports taking (prescription and nonprescription) and their potential to interfere 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 examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft 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 aircraft.”; and

(v) to provide the date the comprehensive medical examination was completed, and the physician’s full name, address, telephone number, and State medical license number.

In other words, you'll still have to fill all the squares from a flight physical. The only difference is who signs the form and where that for lives after its signed.

I can't imagine most doctors' malpractice insurance will be happy with their insured signing a form that says one is safe to fly. At least a an AME has training in aerospace medicine and they've got the FAA behind them. Your family doc going to know enough to be comfortable signing you off to fly?

I think one advantage under this bill is that a pilot COULD go to their AME for the exam but NOT ask for a third class medical, just the signature. At least the AME will understand this. And he'll probably charge more.......

But, if you can't pass a flight physical now, you won't legally be able to fly under this bill either.....except LS, of course.

MTV
Mike,
Thanks for the reply. I didn't see at the time how my post might be interpreted. I only meant to point out an answer to Hotrod 180's question about the mention of a driver's license in the bill. The point I meant to make (but failed) was that without a driver's license, no flying under these provisions. You'd need the 3rd class medical.
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Re: Pilot Bill of rights 2 / medical

Seems silly to have the drivers license requirement if they're also gonna have the doctor's exam requirement. With Sport Pilot, the DL is in lieu of the exam.
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Re: Pilot Bill of rights 2 / medical

"...(iv) to sign the checklist, stating: “I certify that I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft 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 aircraft.”; and..."

That word "could" is a problem. "would likely" would be a more reasonable substitute for "could".

I believe I read this was added the last minute through a proposal by Diane Fienstien (sp?). Perhaps the House could be persuaded to not add that language to their bill and then the Senate might agree in the conference committee??? A little risky, but there were already ~70 Senate cosponsors before that language was added.
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Re: Pilot Bill of rights 2 / medical

marcusofcotton wrote:"...(iv) to sign the checklist, stating: “I certify that I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft 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 aircraft.”; and..."

That word "could" is a problem. "would likely" would be a more reasonable substitute for "could".

I believe I read this was added the last minute through a proposal by Diane Fienstien (sp?). Perhaps the House could be persuaded to not add that language to their bill and then the Senate might agree in the conference committee??? A little risky, but there were already ~70 Senate cosponsors before that language was added.

+1 Now is the time to lobby your congressman.
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Re: Pilot Bill of rights 2 / medical

At this point, having already passed the house, I believe that revamping the language is gonna queer the whole deal. Or once they start revamping, they'll add language which is even more objectionable, or add riders that some legislators will find objectionable.
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Re: Pilot Bill of rights 2 / medical

When did this pass the House?
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Re: Pilot Bill of rights 2 / medical

Oops, I meant passed the Senate.
Hopefully it'll pass the house soon, then on to the White House..
My fear is that if they start monkeying with it,
even more objectionable stuff will be added or the whole thing'll just fizzle out (aka die in committee).
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Re: Pilot Bill of rights 2 / medical

I would be curious what an internal med doc or other doc would charge for the exam that encompasses everything on the list MTV posted.

I am thinking a 3rd Class Medical is going to be cheaper unless you can roll it into an annual physical your insurance pays for.

TD
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Re: Pilot Bill of rights 2 / medical

Tom, I specialize in internal medicine and aviation medicine. I would bill that a level five outpatient code, which is the highest that we have. That would cover 40 or more minutes, as long as greater than 50% of the time was spent reviewing records in counseling and in the examination. To be honest, I do not know exactly what the reimbursement is for that, but I would think it to be somewhere in the $200 range. That would be fascinating, cause I only charge $100 for a pilot medical.
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Re: Pilot Bill of rights 2 / medical

I'm thinking that I will probably just keep going to the same doc for this 4-year-check as I've been using for my medical certificate. He is a pretty good guy, seems reasonable, and since he's an AME he knows aeromedical stuff.
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Re: Pilot Bill of rights 2 / medical

akavidflyer wrote:I will gladly take any improvement we have on the current system and not bitch because I only got the steak and not the baked potato or asparagus on the side


That's the question, Leni: is it an improvement?

My 3rd class this year took 10 minutes. I finally found the best AME I've had yet. The last one wanted to inspect my brown eye and that was the last time I visited him. This new guy did the basics: blood pressure, vision, hearing, then signed me off and took my cash. See you in 2 years.

Aside from the SI stuff, the new comprehensive medical checklist is going to land in the hands of some new-to-this doctors who will likely become sudden crusaders for perfect compliance, as if we're applicants to the Naval flight school. That, or serious due diligence for liability as some have speculated here.

I'd have been satisfied with a required periodic physical exam without the checklist and signature, just like I do anyway in earnest with my personal doctor (who happens to be an attractive woman my age...yowza!) When my brown eye gets inspected, it's on my terms and purely for non-flight purposes.

4 years is better than 2, though not better than the 5 we enjoyed as an under-40 year old. And I have to agree that the 3rd class medical cert, as well as this new proposal, is a hollow assurance designed to placate the masses. Although I suppose if the worst thing to come of it is better health among us, that's a good thing.
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Re: Pilot Bill of rights 2 / medical

Zzz wrote:.... I finally found the best AME I've had yet. The last one wanted to inspect my brown eye and that was the last time I visited him. .......


:^o Aw, come on, you know you liked it.
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Re: Pilot Bill of rights 2 / medical

Below is just a portion of what an exam by an AME is to consist of. What is on the new proposed ruling that would drive the cost higher than what my AME would charge me? Especially in light of the fact that my doctor is not "certifying" me, as my AME is, only stating that he has discussed what is listed, performed an exam, and only "certifying" he is not aware of any issues.

I would think that this is removing quite a bit of liability from my doctor, he is not being asked to be an expert in anything else other than his medical field. Again, quite a bit different from what my AME stated by "certifying" me.



Guide for Aviation Medical Examiners - Application Process for Medical Certification

Exam Techniques and Criteria for Qualification

The Examiner must personally conduct the physical examination. This section provides guidance for completion of Items 21-58 of the Application for Airman Medical Certificate or Airman Medical and Student Pilot Certificate, FAA Form 8500-8.

The Examiner must carefully read the applicant's history page of FAA Form 8500-8 (Items 1-20) before conducting the physical examination and completing the Report of Medical Examination. This alerts the Examiner to possible pathological findings.

The Examiner must note in Item 60 of the FAA Form 8500-8 any condition found in the course of the examination. The Examiner must list the facts, such as dates, frequency, and severity of occurrence.

When a question arises, the Federal Air Surgeon encourages Examiners first to check this Guide for Aviation Medical Examiners and other FAA informational documents. If the question remains unresolved, the Examiner should seek advice from a RFS or the Manager of the AMCD.

After all routine evaluations and tests are completed, the Examiner should make a complete review of FAA Form 8500-8. If the form is complete and accurate, the Examiner should add final comments, make qualification decision statements, and sign the declaration. The medical history page of FAA Form 8500-8 must be completed in the handwriting of and signed and dated by the applicant. Upon completion of the physical examination, the entire FAA Form 8500-8, Items 1 through 64, must be electronically transmitted to the FAA.
Exam Item(s)


21-22. Height and Weight
23-24. Statement of Demonstrated Ability (SODA); SODA Serial Number
25. Head, Face, Neck, and Scalp
26. Nose
27. Sinuses
28. Mouth and Throat
29. Ear
30. Ear Drums
31. Eyes
32. Ophthalmoscopic
33. Pupils
34. Ocular Motility
35. Lungs and Chest
36. Heart
37. Vascular System
38. Abdomen and Viscera
39. Anus (No Disposition)
40. Skin
41. G-U System

42. Upper and Lower Extremities
43. Spine and other Musculoskeletal
44. Identifying Body Marks, Scars, Tattoos
45. Lymphatics
46. Neurologic
47. Psychiatric Conditions
48. General Systemic
49. Hearing
50. Distant Vision
51. Near and Intermediate Vision
52. Color Vision
53. Field of Vision
54. Heterophoria
55. Blood Pressure
56. Pulse
57. Urine Test
58. ECG (No Disposition)
[/i]
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Re: Pilot Bill of rights 2 / medical

And also, am I missing something here, isn't the new proposed exam pretty much what our normal class 3 medical exams are suppose to be? Is there someone in the medical field that can point out the difference other than the wording? I know a lot of us are on familiar terms with our AME, but technically, aren't these exams pretty much the same? Take the same amount of time, etc? What about paperwork, the same, or less? I'd be willing to pay my AME more after seeing what the FAA has required him to do to be certified to certify me, but not the other way around.



Below is just a portion of what an exam by an AME is to consist of. What is on the new proposed ruling that would drive the cost higher than what my AME would charge me? Especially in light of the fact that my doctor is not "certifying" me, as my AME is, only stating that he has discussed what is listed, performed an exam, and only "certifying" he is not aware of any issues.

I would think that this is removing quite a bit of liability from my doctor, he is not being asked to be an expert in anything else other than his medical field. Again, quite a bit different from what my AME stated by "certifying" me.



Guide for Aviation Medical Examiners - Application Process for Medical Certification

Exam Techniques and Criteria for Qualification

The Examiner must personally conduct the physical examination. This section provides guidance for completion of Items 21-58 of the Application for Airman Medical Certificate or Airman Medical and Student Pilot Certificate, FAA Form 8500-8.

The Examiner must carefully read the applicant's history page of FAA Form 8500-8 (Items 1-20) before conducting the physical examination and completing the Report of Medical Examination. This alerts the Examiner to possible pathological findings.

The Examiner must note in Item 60 of the FAA Form 8500-8 any condition found in the course of the examination. The Examiner must list the facts, such as dates, frequency, and severity of occurrence.

When a question arises, the Federal Air Surgeon encourages Examiners first to check this Guide for Aviation Medical Examiners and other FAA informational documents. If the question remains unresolved, the Examiner should seek advice from a RFS or the Manager of the AMCD.

After all routine evaluations and tests are completed, the Examiner should make a complete review of FAA Form 8500-8. If the form is complete and accurate, the Examiner should add final comments, make qualification decision statements, and sign the declaration. The medical history page of FAA Form 8500-8 must be completed in the handwriting of and signed and dated by the applicant. Upon completion of the physical examination, the entire FAA Form 8500-8, Items 1 through 64, must be electronically transmitted to the FAA.
Exam Item(s)


21-22. Height and Weight
23-24. Statement of Demonstrated Ability (SODA); SODA Serial Number
25. Head, Face, Neck, and Scalp
26. Nose
27. Sinuses
28. Mouth and Throat
29. Ear
30. Ear Drums
31. Eyes
32. Ophthalmoscopic
33. Pupils
34. Ocular Motility
35. Lungs and Chest
36. Heart
37. Vascular System
38. Abdomen and Viscera
39. Anus (No Disposition)
40. Skin
41. G-U System
42. Upper and Lower Extremities
43. Spine and other Musculoskeletal
44. Identifying Body Marks, Scars, Tattoos
45. Lymphatics
46. Neurologic
47. Psychiatric Conditions
48. General Systemic
49. Hearing
50. Distant Vision
51. Near and Intermediate Vision
52. Color Vision
53. Field of Vision
54. Heterophoria
55. Blood Pressure
56. Pulse
57. Urine Test
58. ECG (No Disposition)
[/i]
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Re: Pilot Bill of rights 2 / medical

Zenith,

Yes, the required exam issues are exactly the same as for a third class medical.

What's different you say that could change cost to you? There is no "standard fee" for this. Ever look at a medical bill BEFORE insurance got involved? Scary.

My routine annual physical this year consisted of a routine checkup, a couple routine blood tests, and was billed at well north of $300. It took maybe twenty minutes, tops.

Medicare "allowed" $55. And that's what the doc got.

My last medical cost over $6000. None of that was covered by insurance. If it were, I'd have paid maybe $1000, but more likely $500 at most. That's because so many folks have tests and don't pay at all.....somebody has to pay, so unless you have someone holding their feet to the fire for you, it'll be you who pays.

MTV
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Re: Pilot Bill of rights 2 / medical

One thing seems apparent about the new system. Less trackability of EMR's.
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Re: Pilot Bill of rights 2 / medical

Right after this bill passed the Senate, I expressed my concerns to the AOPA medical folks regarding what this bill does and does not do.

I just got this response from AOPA:

Mike, thanks for your comments about the Senate version of PBR2. We also have some concerns about the language in the Senate version that passed with the last minute changes. We will be addressing those issues with the House version of the bill when it is taken up after congress reconvenes in 2016. Appreciate your comments.

Best regards,

Gary Crump, Director
PIC Medical Certification

Hopefully, AOPA will succeed in making this a better bill by the time it goes to the White House for signature.

MTV
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Re: Pilot Bill of rights 2 / medical

The added Senate last minute language might have been intended as a poison pill.
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