So, I hate it when people state opposing opinions back and forth when there may be some sort of authoritative answer available. That seemed to me to be the case regarding the obligation of the DHS if he is an AME and finds something questionable in the medical records obtained through a release you sign.
So I decided to call up the office of the Manager, Aerospace Medical Certification Division, FAA, Oklahoma City. I wrote down the following question and read it verbatim:
“...Our pilot group is considering an agreement with our company which would have us sign a release of our medical records to a company-designated AME, but who may not be - and likely is not - the AME the pilot goes to for his flight physical. If that AME sees something in those records which makes him question that pilot’s fitness for duty, does he have an obligation to report it to the FAA?”
The agent I was speaking to wanted more information in order to be comfortable with providing an answer, so I came up with the following scenario: Suppose I have a sick occurrence due to bronchitis and it’s my third occurrence of bronchitis in the past 6 months. In reviewing the records pertaining to these occurrences, the DHS comes to believe that I may have a more significant issue, such as asthma. He calls me and tells me that he thinks I should stop flying and get evaluated. I tell him that I have it under control and am comfortable exercising my medical certificate. If he is not satisfied with that answer and feels I may be flying with a potentially disqualifying condition, can he let it go, or does he have an obligation to report me to the FAA?
The woman who I was speaking with was very nice and very interested. She wanted to get the answer right, so she asked if she could put me on hold and ask others for a definitive answer. She did not tell me who, exactly, she was going to for the answer. When she came back, she told me, “The short answer is: If he or she is a certified AME and you have not satisfied their concerns, he or she would have an obligation to report it.”
I don't know if this is the definitive answer to the debate, but I could not think of someone more authoritative to call than the office of the FAA's Aeromedical Certification Division.