AME and Physician-patient Privilege

[idahoflier]

Another thread has me curious.

The scenario: A pilot has a disqualifying medical condition that is allowed with an SI but the pilot in question has omitted that disqualifying medical condition on several applications for a medical certificates. The pilot in question then seeks counsel from an AME regarding the situation.

Is the AME bound by Physician-patient Privilege to not disclose this information or as an AME are they required to report the information to the FAA?

 

[AggieMike88]

Another thread has me curious.

The scenario: A pilot has a disqualifying medical condition that is allowed with an SI but the pilot in question has omitted that disqualifying medical condition on several applications for a medical certificates. The pilot in question then seeks counsel from an AME regarding the situation.

Is the AME bound by Physician-patient Privilege to not disclose this information or as an AME are they required to report the information to the FAA?

From past threads on a host of varying topics, and Dr. Bruce providing various commentary.... My understanding is this....

If the airmen goes in to the AME and seeks a consultation, doctor-patient privilege is attached. Mainly because no forms were filled out and all discussions are between the airman and the doctor only and behind a closed door.

If the airmen goes into the AME and seeks a FAA Medical, completes the FAA 8500-8 form, the AME opens the form and begins the exam, then doctor-patient privilege is not attached because by submitting the form, and the AME opening it (and required to send along to the government), the parties involved (airman and doctor) have granted permission for the FAA to see the details and take action as needed.
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And this is the basis of many of us recommending CONSULTATIONS first if there is any hint of certification denial or major delay/expense.

 

[Matthew]

I'm not sure the AME is acting as a physician while doing a medical. I don't remember ever filling out a HIPAA form at an AME office either.

 

[Kenny Phillips]

Another thread has me curious.

The scenario: A pilot has a disqualifying medical condition that is allowed with an SI but the pilot in question has omitted that disqualifying medical condition on several applications for a medical certificates. The pilot in question then seeks counsel from an AME regarding the situation.

Is the AME bound by Physician-patient Privilege to not disclose this information or as an AME are they required to report the information to the FAA?

As has been mentioned, the FAA is gonna get to see the info anyway, as an SI is needed. But the real question is: was the info omitted due to forgetfulness or intentionally? People forget stuff.

 

[idahoflier]

As has been mentioned, the FAA is gonna get to see the info anyway, as an SI is needed. But the real question is: was the info omitted due to forgetfulness or intentionally? People forget stuff.

The FAA isn't going to get to see the info unless the pilot discloses the condition or the FAA finds out about the pilot's condition some other way... It's "some other way" I'm curious about with regard to whether or not an AME has to disclose the information to the FAA if they become aware that the pilot has been omitting the condition on previous medical applications.

 

[idahoflier]

And this is the basis of many of us recommending CONSULTATIONS first if there is any hint of certification denial or major delay/expense.

I too have recommended consultations for people that have never had a medical or are diagnosed with a condition which will have to be addressed immediately or on the next medical application. But that's a different scenario...