New Medical Denials Raise Concerns

The FAA says those who have their medicals denied under a new deferral processing policy will not necessarily be disqualified from obtaining medical certification through BasicMed. Effective Jan.1, anyone whose medical deferral is not accompanied by all the necessary paperwork and reports will have their medical denied. A medical denial makes a pilot ineligible for BasicMed and Sport Pilot. But under the new policy, affected pilots will be able to apply for reconsideration of the denial and if that's approved they will again be eligible for BasicMed and Sport Pilot. Here's the FAA's statement:

"FAA Statement

The Federal Aviation Administration (FAA) is modifying the process for people applying for an Airman Medical Certificate. Pilots with incomplete examinations and paperwork will now receive an initial denial with specific guidance for reconsideration. This provides the applicant with an immediate answer, reduces wait times by eliminating the backlog of deferred medical certificates and gives clear reconsideration criteria to meet upon reapplying.

The modification takes effect on Jan. 1, 2025.

Background

About 95% of pilots leave the Aviation Medical Examiner’s (AME’s) office with an issued Airman Medical Certificate.  The FAA is modifying the process for the 5% who are deferred to the FAA for decision.

Per your specific question: BasicMed requires that the individual has a valid FAA medical certificate for at least 1 day after July 14, 2006, that was not subsequently denied, suspended, revoked or withdrawn. If the FAA reconsiders and issues a medical certificate after any denial, then the individual is now eligible for BasicMed.  

EAA still has an issue with the policy because it can leave some pilots grounded for an extended period. "These denials will render pilots ineligible to fly under Sport Pilot or BasicMed while their application is in process, as they are able to today," EAA said in its initial assessment. "With some applications taking more than a year to process, this will leave many airmen on the ground and unable to stay proficient." EAA said the change was apparently the result of section 801 of the new FAA reauthorization and it's now evaluating the legal underpinning of the new policy. Here's that section.

‘‘SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.

‘‘(a) IN GENERAL.—The Administrator shall provide timely, writ- ten notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.

‘‘(b) INFORMATION REQUIRED.—In providing notification under subsection (a), the Administrator shall inform the individual—

‘‘(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;

‘‘(2) that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;

‘‘(3) that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and

‘‘(4) when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.
‘‘(c) EXCEPTION.—Nothing in this section prohibits the Adminis-

trator from reexamining a certificate holder if the Administrator has reasonable grounds—

‘‘(1) to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or

‘‘(2) to demonstrate that the airman obtained such a certifi- cate or rating through fraudulent means or through an exam- ination that was inadequate to establish the qualifications of an airman.
‘‘(d) STANDARD OF REVIEW.—An order issued by the Adminis-

trator to amend, modify, suspend, or revoke an airman certificate

H. R. 3935—297

after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act.’’.