bankston

I've read on a couple of threads here the advise that you have one doc as your AME and then your "real" doc that you tell your "real" medical problems to.

Perhaps I'm just naive about the whole process... If the FAA has your social security number and your employer information, which they do, do they not also have the means to discover that you are seeing another doctor for some reason or another? Or does HIPPA and patient confidentiality effectively shield pilots from this practice of revealing (potentially exclusionary) medical information to one doctor and not the the AME?

Surely, given the claws that our govt. has, you would think they have -or someday will have- the means, under the guise of "protecting" us and those around, to access the medical records of our "real" doctors either through insurance companies, the doctors themselves, or some through some other mechanism. Frankly I'd be surprised if the FAA doesn't already have some mechanism in place to verify the veracity the statements made by pilots on their medical apps.

In my opinion, the prospect of not keeping something from an AME that I AM telling my "real" doc scares the **** out of me. The possible repercussions - lost licenses, jail, fines- of failing to disclose potentially exclusionary information are so steep. Is it really worth it?

B

brownie

Are you a pilot or an AME lurking on this site.

bankston

I'm a newb pilot. No wonder there aren't any replies if people think I'm a lurking AME

Real honest question: If someone does provide false information on during a medical, what methods do the FAA have to find that information out if you are not involved in any sort of accident/incident?

Planespotta

But really, I'm pretty sure they have the ability to search your medical records and see if you have any conditions (e.g., recently took Ridalin, some obscure anti-depressant, prescriptions, etc.). If it's on the record, consider it in the hands of the FAA.

RXS676

There was a fairly high-profile case in California where pilots were receiving disability benefits for conditions that were medically disqualifying. Criminal charges were filed by the U.S. Attorney's office. Here's a link to the article:

CALIFORNIA / Federal charges against 40 pilots / They're accused of hiding disabilities

rickair7777

Not exactly true. On your FAA medical application form you certify that you are telling the truth, but you do NOT authorize them to access your civilian medical records...doctor/patient confidentiality still applies.

This means that they cannot just go on a fishing expedition. If they call your doctor out of the blue and ask to see your records he will rightly tell them to pound sand. However...if you were involved in accident or incident where reasonable suspicion existed, they COULD subpoena your records. The trick is that they need some reasonable suspicion to start with to justify a subpoena.

Also any medical records which are ALREADY legitimately in the hands of the government CAN be accessed at will...this includes military records and things like social security or VA disability stuff. This kind of thing CAN get you in a world of trouble...the FAA recently prosecuted some pilots after they cross-checked FAA medical certs with disability records. The important thing to note here is that the FAA DID NOT have (or need) any reasonable suspicion first, they simply cross-checked the databses and nailed everybody who held a medical but was on disability for a condition they forget to mention to their AME This was a pure fishing expedition.

bankston

Thanks for the replies. This is all very interesting.

brownie

The only way the feds will spend the money or the time to go after anyone is if there is an accident or incident involved other then that there are no reason to waist thier little federal budget to pursue every suspecious pilot activity out there. Stay clean go see your non ame doc and stay healthy, You should have no problemo.

RXS676

There was no accident or incident in the case of the 40 pilots in Northern California (see my earlier post) who were indicted by a federal grand jury.

There was another California case, involving a pilot who was a plaintiff in a personal injury lawsuit against an office furniture manufacturer. He was claiming that his office chair collapsed under him and he hit his head, and submitted medical records showing that he was experiencing headaches, dizziness, fainting spells, and other neurological problems. The attorney for the chair manufacturer (illegally) disclosed this to the FAA, and he was ultimately convicted of perjury for not disclosing his neurological symptoms at his FAA physical. His conviction ended up being overturned on appeal (the ninth circuit is notoriously liberal).

rickair7777

Another good point...anything in the public domain (ie court records) could also be accessed by the FAA at will. They would not have the resources to scour every court record for personal injury lawsuits involving pilots, but if they got wind of it somehow...

Basically if it's just between you and your doc, the FAA will need to be suspicous in the first place, and also have some information to justify a subponea. An accident, incident, or estranged ex could provide that suspicion however...