Special Issuance and new Basic Med?

A

anon1368

Guest
I posted another thread about radiation-associated carotid stenosis and have a marginally-related follow up question...I elected to start a new thread. One of the things that that diagnosis did was stimulate me to go ahead and go Basic Med, so I now have Basic Med and a Class 3 that's valid for another year.

One of the other effects of neck radiation is thyroid damage. I am hypothyroid as a result (no big deal...easily managed) and I was given a Special Issuance for that until 2026, with an every-two-year report required from my PCP regarding the status of that hypothyroidism. At this point, I plan to not get a new Class 3 when this one expires, and will just fly under Basic Med.

My question: What do I do about the Special Issuance if I'm not seeing my AME? Do I just submit the PCP statement and lab value to the FAA myself? Or do I need to see an AME for maintenance of this thyroid SI? I'm wondering how to maintain this Special Issuance if I'm not getting an FAA Medical?
 
Hopefully @Brad Z will chime in. I think once the 3rd class expires you shouldn't have to do anything. The FAA cannot revoke an expired medical, nor can they require info submissions for a medical that has expired.
 
You just let your Special Issuance expire and fly on Basic Med. That's assuming that you don't plan to resume the SI later, because you'll have to start over in that case and anything you submit to the FAA (now or in the distant future) jeopardizes your Class 3 and risks invalidation of your Basic Med.

Letting your SI expire is NOT the same as being denied medical certification.

In your case your medical certification expires before your SI, so there is absolutely no reason to provide information to the FAA - all risk, zero benefit.
 
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Half Fast said:
Hopefully @Brad Z will chime in. I think once the 3rd class expires you shouldn't have to do anything. The FAA cannot revoke an expired medical, nor can they require info submissions for a medical that has expired.
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Thanks...there wouldn't be any problem achieving or maintaining the conditions of the Special Issuance if necessary, but you think it's possible that it may just go away once the Class 3 expires? That would be even better, of course...
 
anon1368 said:
Thanks...there wouldn't be any problem achieving or maintaining the conditions of the Special Issuance if necessary, but you think it's possible that it may just go away once the Class 3 expires? That would be even better, of course...
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I don't work for the FAA, but @Brad Z does, so you might want his confirmation. It's my understanding that once your Class 3 expires, the FAA no longer has any grounds to require you to submit the SI info. Be sure that in granting your SI the FAA didn't put a new date on the Class 3.

WARNING - A few people have been put in jeopardy by some "Helpful Hannah" at a doctor's office who submits the info to the FAA anyway. The FAA interprets such a submission as evidence of your intent to renew the Class 3 and you can get stuck in an endless loop. Avoid this. The same problem will occur if you yourself continue to submit SI info after the Class 3 expires. I believe Dr. Bruce ( @bbchien ) has had some experience with situations like this.
 
Half Fast said:
I don't work for the FAA, but @Brad Z does, so you might want his confirmation. It's my understanding that once your Class 3 expires, the FAA no longer has any grounds to require you to submit the SI info. Be sure that in granting your SI the FAA didn't put a new date on the Class 3.

WARNING - A few people have been put in jeopardy by some "Helpful Hannah" at a doctor's office who submits the info to the FAA anyway. The FAA interprets such a submission as evidence of your intent to renew the Class 3 and you can get stuck in an endless loop. Avoid this. The same problem will occur if you yourself continue to submit SI info after the Class 3 expires. I believe Dr. Bruce ( @bbchien ) has had some experience with situations like this.
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Thank you. The Special Issuance was issued three years ago at the same time as a Class 3, with the SI expiring in 2026. They mandated thyroid updates from my PCP every two years, same schedule as my Class 3 renewals from my AME. My current Class 3 expires in one year. So...thyroid update due in one year, and renew Class 3 in one year if I decide to do so. My plan is to not renew the Class 3, just not sure what to do with the 2-year update on the thyroid SI. Question is..now that I have Basic Med, do I just ignore both maintaining the SI (treating physician updates) and just let the Class 3 expire?

I should mention that the thyroid is fine...no issues and normal TSH. I'm not concerned about the thyroid, only concerned about what to do with the Special Issuance when I let the Class 3 lapse.
 
OP, you might be interested in this Letter of Interpretation from FAA legal: https://www.faa.gov/about/office_or...Domingo-AFX-1-2_2018_Legal_Interpretation.pdf .

In part, it says
As explained further in this memorandum, when an airman's special issuance
medical certificate has expired and the airman is not in the process of seeking a new special
issuance medical certificate, additional medical information is not reasonably needed for
certification under§ 67.401. Consequently, the Federal Air Surgeon may not withdraw the
Authorization based on the airman's failure to provide information "not reasonably needed
by the Federal Air Surgeon for certification under this section[§ 67.401(f)(4)]."
.
.
.
As such, an airman's responsibility to comply
with the terms of an unexpired Authorization - including a term that requires regular
submission of medical information - terminates when the associated special issuance
medical certificate expires. Because there is no reasonable basis for requiring an airman in
those circumstances to provide medical infonnation that is not needed for determining
medical certification under§ 67.401,3 the FAA would not have a basis to withdraw the
Authorization.

The above interpretation is consistent with the purpose of BasicMed, to allow an
airman who can meet alternate requirements to fly without holding a medical certificate.​
 
Half Fast said:
OP, you might be interested in this Letter of Interpretation from FAA legal: https://www.faa.gov/about/office_or...Domingo-AFX-1-2_2018_Legal_Interpretation.pdf .

In part, it says
As explained further in this memorandum, when an airman's special issuance
medical certificate has expired and the airman is not in the process of seeking a new special
issuance medical certificate, additional medical information is not reasonably needed for
certification under§ 67.401. Consequently, the Federal Air Surgeon may not withdraw the
Authorization based on the airman's failure to provide information "not reasonably needed
by the Federal Air Surgeon for certification under this section[§ 67.401(f)(4)]."
.
.
.
As such, an airman's responsibility to comply
with the terms of an unexpired Authorization - including a term that requires regular
submission of medical information - terminates when the associated special issuance
medical certificate expires. Because there is no reasonable basis for requiring an airman in
those circumstances to provide medical infonnation that is not needed for determining
medical certification under§ 67.401,3 the FAA would not have a basis to withdraw the
Authorization.

The above interpretation is consistent with the purpose of BasicMed, to allow an
airman who can meet alternate requirements to fly without holding a medical certificate.​
Click to expand...
It appears that that completely answers my question. Thank you for the effort.
 
The legal interpretation above addresses the issue. One suggestion I have made to folks is if you' receive a letter from AMCD requesting medical updates in relation to the letter of authorization for a special issuance after the medical certificate itself has expired, you send a letter back indicating that you will not be providing a updated medical records as you have transitioned to BasicMed. You obviously don't have to do that but it removes any uncertainty from anyone reviewing your case from understanding why they haven't received updated reports.
 
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