Basic med while awaiting class 3 SI renewal.

[Smnjr]

Hi all, long time lurker, first time poster. I started flying in November of ‘23 and passed my checkride a couple months ago. I had to navigate the class 3 special issuance process for some past episodes of uveitis. It was pretty simple but painstakingly slow. The SI renewal process has generated a question I haven’t been able to satisfactorily answer based on my searching.

As part of my renewal I had to submit documentation from my eye doctor. There have been no changes in my vision or any other developments. However, despite my submission 7 weeks in advance of my 12/31/24 certificate expiration, my file is sitting on a desk somewhere and I am grounded awaiting renewal. When I’ve checked in with OKC the advice has been to submit 90 days out next year because there’s a 26,000 case backlog.

If I complete the basic med requirements, can I continue to fly under that in the meantime and maintain it as secondary medical for periods if/when the inefficiency of the SI process may cause a period of unexpected expiration?

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.

 

[AvNavCom]

So based on a recent discussion I had with an FAA Regional flight surgeon, the current guidance is that as long as your most recent FAA medical was not denied or revoked, you can fly under BasicMed while pending an SI decision from the FAA. The case I put to them was an individual on BasicMed who subsequently pursued a Class 2 medical which would require a special issuance. They acknowledged that the current regs don't adequately address such a situation, but provided the solution above. They were going to run all that by Dr. Northrup at a meeting later that week and let me know if there were any objections from higher up to that position, and I didn't hear anything back.

While flying under BasicMed, you must adhere to the restrictions and requirements of that medical certification. The logic is that by flying under BasicMed, you are not exercising the privileges of your Class 3 medical certificate, and therefore you are not in violation of any Class 1/2/3 SI issuance.

 

[midlifeflyer]

There's nothing in the regulations which precludes operating under BasicMed while a 3d class application is pending. The events which make BasicMed inapplicable under 61.23(c)(3)(ii) are:

Most recent FAA medical suspended or revoked.​

Most recent application for FAA medical denied.​

"Pending" is not among them.

 

[Dana]

the current guidance is that as long as your most recent FAA medical was not denied or revoked, you can fly under BasicMed while pending an SI decision from the FAA.

I didn't think that was correct, but upon reading the regulation I now think that's right. Unlike Sport Pilots, who must "Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate)", i.e. a deferral makes SP invalid, basicmed is worded differently:

§ 61.23(c)(3)(ii) The most recently issued medical certificate—​

​

(A) May include an authorization for special issuance;​

​

(B) May be expired; and​

​

(C) Cannot have been suspended or revoked.​

​

(iii) The most recently issued Authorization for a Special Issuance of a Medical Certificate cannot have been withdrawn; and​

​

(iv) The most recent application for an airman medical certificate submitted to the FAA cannot have been completed and denied.​

So it looks like operating under basicmed during a deferral is OK,

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.

I would say to dump the class 3 unless you plan operations not allowed under basicmed. But now that you've applied, you gotta finish this SI and get the medical issued per (iii) above before you can dump it.

 

[midlifeflyer]

I didn't think that was correct, but upon reading the regulation I now think that's right. Unlike Sport Pilots, who must "Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate)", i.e. a deferral makes SP invalid, basicmed is worded differently:

​

Personally, until the FAA gives specific guidance on the question, although I know many agree with you, I personally (not a legal opinion) don't agree that pending automatically bars sport pilot activity so long as the pilot does "Not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner."

"Time of application" can be read narrowly or broadly. The most narrow view would be when you hit the "submit" button in MedXpress, even if you never go to an AME to look at it. The broad view is that "time of application" is not a single point in time but a process that continues until either approval or denial.

 

[4CornerFlyer]

This situation is one of principle reasons Basic Med exists: to free non-commercial pilots from onerous requirements and lengthy delays to maintain an FAA medical certificate after a special issuance. The classic example is when the FAA wants testing such as an annual stress test after a heart attack that the pilot's cardiologist does not think necessary. As stated previously, unless you will be doing commercial operations or those which aren't allowed under Basic Med (above 18,000 feet, Canada, 8 passengers, over 12500 pounds etc) there really isn't a good reason to continue FAA Class III certification.
Jon

 

[AvNavCom]

Canada

Oh, Canada. Get with the program!

 

[4CornerFlyer]

As I understand it, the issue for the Canadians is that the US does not recognize their similar medical designation (Category 4), which has been in existence long before Basic Med. In that context, the Canadian refusal to accept US Basic Med seems reasonable.
Jon

 

[midlifeflyer]

As I understand it, the issue for the Canadians is that the US does not recognize their similar medical designation (Category 4), which has been in existence long before Basic Med. In that context, the Canadian refusal to accept US Basic Med seems reasonable.
Jon

I don't think it's a "similar designation." The Canadian Category 4 is much more restrictive than BasicMed. When it comes to powered airplane, the 4 is for student pilots and beyond that, the biggest are LSAs.

 

[Jon Wilder]

As long as -

Your most recent Special Issuance Authorization has NOT been withdrawn
Your most recent application for a medical certificate has NOT been denied
Your most recent medical certificate has NOT been suspended nor revoked

You can operate under BasicMed.

 

[Half Fast]

"Time of application" can be read narrowly or broadly. The most narrow view would be when you hit the "submit" button in MedXpress, even if you never go to an AME to look at it. The broad view is that "time of application" is not a single point in time but a process that continues until either approval or denial.

I agree with you for the "time of application" reason, but I'd also say there's further support in the "have been found" language:

Unlike Sport Pilots, who must "Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application...

A deferral is not a finding; rather, the finding is delayed pending further review. Until there is a finding, and a negative one at that, the pilot should be eligible to fly under SP rules.

IANAL, this is not legal advice, your mileage may vary, void where prohibited by the law and the prophets, do not exceed recommended dosage.

 

[Dana]

A deferral is not a finding; rather, the finding is delayed pending further review. Until there is a finding, and a negative one at that, the pilot should be eligible to fly under SP rules.

But if the applicant wasn't "found eligible" at time of application, then SP isn't an option until such time as the pilot is found eligible.

 

[Stewartb]

Hi all, long time lurker, first time poster. I started flying in November of ‘23 and passed my checkride a couple months ago. I had to navigate the class 3 special issuance process for some past episodes of uveitis. It was pretty simple but painstakingly slow. The SI renewal process has generated a question I haven’t been able to satisfactorily answer based on my searching.

As part of my renewal I had to submit documentation from my eye doctor. There have been no changes in my vision or any other developments. However, despite my submission 7 weeks in advance of my 12/31/24 certificate expiration, my file is sitting on a desk somewhere and I am grounded awaiting renewal. When I’ve checked in with OKC the advice has been to submit 90 days out next year because there’s a 26,000 case backlog.

If I complete the basic med requirements, can I continue to fly under that in the meantime and maintain it as secondary medical for periods if/when the inefficiency of the SI process may cause a period of unexpected expiration?

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.

I know several 3rd class pilots that maintain Basic Med for potential issues like yours. If you aren’t crossing international borders? I can’t think of any reason to keep a 3rd class medical cert. I sure haven’t missed mine.

 

[Smnjr]

Thanks all. Got it all done on Tuesday.

 

[midlifeflyer]

But if the applicant wasn't "found eligible" at time of application, then SP isn't an option until such time as the pilot is found eligible.

When in your opinion is “time of application”? When you hit “submit”? When the doc pulls it up? When the doc hits “submit” for the deferral? When OK City asks for information? When OK City issues either a certificate or a denial? Some other stage? Is an application a process or a one-time event?

Can you support your view with reference to FAA rules or guidance Not saying you are wrong, but without that, your opinion is no more valuable than mine (that it’s a process that ends with a yea or nay decision).

 

[Brad Z]

When in your opinion is “time of application”? When you hit “submit”? When the doc pulls it up? When the doc hits “submit” for the deferral? When OK City asks for information? When OK City issues either a certificate or a denial? Some other stage? Is an application a process or a one-time event?

Can you support your view with reference to FAA rules or guidance Not saying you are wrong, but without that, your opinion is no more valuable than mine (that it’s a process that ends with a yea or nay decision).

See Tilton 2007 Legal Interp.

 

[midlifeflyer]

See Tilton 2007 Legal Interp.

I'm familiar with Tilton and agree with what it says. The applicant withdrawing an application after denial terminates the application process with a denial. I don't even have an issue with withdrawal at any point after the AME uses the confirmation number to pull up the application terminating the application process without the applicant "having been found eligible." AFAIL, the FAA has always considered withdrawal as a denial but makes it clear in the case of sport pilots with the "not having been found eligible" language.

Yes, I did say earlier "that it's a process that ends with a yea or nay decision." I left out "or withdrawal of the application by the pilot."

 

[Rcmutz]

As long as -

Your most recent Special Issuance Authorization has NOT been withdrawn
Your most recent application for a medical certificate has NOT been denied
Your most recent medical certificate has NOT been suspended nor revoked

You can operate under BasicMed.

So, I have a tangential question. I have been operating under a SI for Sleep Apnea with a Class 3 medical for 20 years which requires me to submit compliance data every year since my Class 3 is only good for 1 year. Every 2 years I see the AME. I also have completed all the requirements for Basic Med. My SI expires in 2028. I want to fully transition to BM. I had heard in the past, that if you don’t supply the necessary information for the SI, they will revoke it with a letter. Is that still the case? Do I need to notify the FAA that I am going over to BM?

 

[robin ardoin]

So, I have a tangential question. I have been operating under a SI for Sleep Apnea with a Class 3 medical for 20 years which requires me to submit compliance data every year since my Class 3 is only good for 1 year. Every 2 years I see the AME. I also have completed all the requirements for Basic Med. My SI expires in 2028. I want to fully transition to BM. I had heard in the past, that if you don’t supply the necessary information for the SI, they will revoke it with a letter. Is that still the case? Do I need to notify the FAA that I am going over to BM?

Your SI class 3 medical certificate is good for 12 months. Your Special Issuance authorization, that authorizes your AME to issue a medical certificate every 12 months, is valid until some date in 2028. If you let your current medical certificate expire, while fulfilling all the requirements of such during the 12 mo period, and DO NOT authorize your AME to submit another application/issuance for a new medical certificate, you will be fine to fly under BasicMed. Understand that the medical certificate (valid for 12 months) is separate from the SI Authorization, that may be valid for many years. Once you have held a medical certificate and that one has not been revoked or a new application denied, you are good to go. The FAA cannot revoke a certificate that has expired. I obtained my BM requirements while my class 3 SI certificate was still valid, let it expire with explicit instructions to my AME not to submit further documentation, that I did not want issuance of another med certificate when the current one expires.

 

[Jon Wilder]

So, I have a tangential question. I have been operating under a SI for Sleep Apnea with a Class 3 medical for 20 years which requires me to submit compliance data every year since my Class 3 is only good for 1 year. Every 2 years I see the AME. I also have completed all the requirements for Basic Med. My SI expires in 2028. I want to fully transition to BM. I had heard in the past, that if you don’t supply the necessary information for the SI, they will revoke it with a letter. Is that still the case? Do I need to notify the FAA that I am going over to BM?

As per the FAA Domingo letter (a legal interpretation issued by FAA Legal Counsel regarding the periodic submission of medical information with an unexpired Special Issuance Authorization Letter and an expired Special Issuance Medical Certificate), "Authorizations often have a longer duration than the associated special issuance medical certificate. These longer durations are for internal FAA administrative purposes and aid the Office Aerospace Medicine with the processing of special issuance medical certificates under §67.401. The Authorization's longer duration period conveys no independent medical privilege as evidenced by the requirement for an airman to demonstrate that he remains qualified for a new special issuance medical certificate when the current special issuance medical certificate expires. 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 information that is not needed for determining medical certification under §67.401, the FAA would not have a basis to withdraw the Authorization."

You can find a copy of Domingo at https://www.faa.gov/media/11051

This means keep doing everything you're doing until your medical certificate expires. Once it expires, DO NOT apply for another medical certificate and DO NOT make a follow up appointment for your AME to issue another interim certificate. Just walk away from it altogether. You may even want to email your AME letting him know that you will not be renewing your medical certificate, and revoke in writing any and all prior authorizations to share your protected health information with anyone outside of his practice. The Special Issuance Authorization Letter becomes a mere piece of paper at that point.

You can get BasicMed in place before your medical certificate expires.

1) Print out the FAA Comprehensive Medical Examination Checklist from https://www.faa.gov/documentLibrary/media/Form/FAA_Form_8700-2_OMB_EXP_06-2026.pdf

2) Fill out Section 2 of the checklist.

3) Make an appointment with either your primary care doctor or any state license physician.

4) Have the doctor perform a physical in accordance with the CMEC Checklist. They will also go over everything you filled out in Section 2 with you. Have them fill out their information at the end of Section 3 and sign.

5) Go to the AOPA BasicMed website. Register for an account (it's free) and take the online BasicMed Course.

6) Put the BasicMed CMEC Checklist in your logbook and go fly.

The course you renew every two years, while the physical must be redone every four years.

 

[Rcmutz]

Thanks for taking the time to lay it out, John.. All makes sense.

 

[Pinecone]

As I understand it, the issue for the Canadians is that the US does not recognize their similar medical designation (Category 4), which has been in existence long before Basic Med. In that context, the Canadian refusal to accept US Basic Med seems reasonable.
Jon

No, the reason is, ICAO does not recognize BasicMed.

There was a presentation on Social Flight. They mentioned that recognizing Basic Med would be an onerous process for Canada. But if they wait and ICAO recognizes it, then it is a simple change.

 

[markair]

Hi all, long time lurker, first time poster. I started flying in November of ‘23 and passed my checkride a couple months ago. I had to navigate the class 3 special issuance process for some past episodes of uveitis. It was pretty simple but painstakingly slow. The SI renewal process has generated a question I haven’t been able to satisfactorily answer based on my searching.

As part of my renewal I had to submit documentation from my eye doctor. There have been no changes in my vision or any other developments. However, despite my submission 7 weeks in advance of my 12/31/24 certificate expiration, my file is sitting on a desk somewhere and I am grounded awaiting renewal. When I’ve checked in with OKC the advice has been to submit 90 days out next year because there’s a 26,000 case backlog.

If I complete the basic med requirements, can I continue to fly under that in the meantime and maintain it as secondary medical for periods if/when the inefficiency of the SI process may cause a period of unexpected expiration?

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.

I AM MARK FROM SAN FRANCISCO CALIF.IM 62 YRS OLD AND HAVE DIABETES BUT HAD SAME SITUATION W/CL 3 SI.AFTER 3-2024 I WAS NOT FLYING SO IN 5-2025 GOT BASIC AND FLEW ALONG W/MY INSTRUCTOR FOR A BIANNUAL FLT REVIEW.SO U CAN FLY WHILE THE SPECIAL ISSUE PROCESS ISA ON GOING WITH THE BASIC MED TILL ITS ISSUED.

 

[midlifeflyer]

I AM MARK FROM SAN FRANCISCO CALIF.IM 62 YRS OLD AND HAVE DIABETES BUT HAD SAME SITUATION W/CL 3 SI.AFTER 3-2024 I WAS NOT FLYING SO IN 5-2025 GOT BASIC AND FLEW ALONG W/MY INSTRUCTOR FOR A BIANNUAL FLT REVIEW.SO U CAN FLY WHILE THE SPECIAL ISSUE PROCESS ISA ON GOING WITH THE BASIC MED TILL ITS ISSUED.

Is uncontrolled YELLING one of the medical issues you are facing?

Flying with an instructor is never prohibited by a medical issue.

 

[Brad Z]

Is uncontrolled YELLING one of the medical issues you are facing?

Flying with an instructor is never prohibited by a medical issue.

Go easy on the guy who writes all the NOTAMs for the FAA. It's not his fault his caps lock key has been stuck since 1962.

 

[Dana]

Go easy on the guy who writes all the NOTAMs for the FAA. It's not his fault his caps lock key has been stuck since 1962.

Maybe he's accessing POA via a teletype machine?

 

[bbchien]

Go easy on the guy who writes all the NOTAMs for the FAA. It's not his fault his caps lock key has been stuck since 1962

Does his keyboard say "unisys" on it? I'd LOL but the whole 50 year dis-investment in our air safety system is just so dismaying.....

 

[Smnjr]

Update to my original question for Dr. Chien

My class 3 SI medical certificate is good for 12 month intervals at the end of which I have been submitting reports from my eye doctor to the FAA for renewal. My current medical is set to expire at the end of December but the underlying authorization is good for another 2 years.

I am strongly considering transitioning fully to basic med, which I already have in addition to my medical. I have scoured the forum and read the Domingo letter but wanted to make sure I am understanding my particular situation correctly as I think the requirements for compliance can vary based on conditions.

If don’t send in this year’s update from my eye doctor and let my medical expire, have I satisfied the requirements for the transition to basic med?

 

[Kenny Phillips]

Update to my original question for Dr. Chien

My class 3 SI medical certificate is good for 12 month intervals at the end of which I have been submitting reports from my eye doctor to the FAA for renewal. My current medical is set to expire at the end of December but the underlying authorization is good for another 2 years.

I am strongly considering transitioning fully to basic med, which I already have in addition to my medical. I have scoured the forum and read the Domingo letter but wanted to make sure I am understanding my particular situation correctly as I think the requirements for compliance can vary based on conditions.

If don’t send in this year’s update from my eye doctor and let my medical expire, have I satisfied the requirements for the transition to basic med?

The answer is (I'm in exactly the same boat as you, with normal-tension glaucoma and visual field loss) your third class medical must be valid up to its expiration date. IOW, my medical is good for two years, but my SI for one, so I have to go through the SI process one more time, then BM will "take over".

 

[robin ardoin]

You are fine to transition to BM once the current class 3 SI medical expires (actually, you can get BM now but you still must fulfill all the requirements of the SI until it expires). The Special Issuance Authorization expiry does not come into play and is separate from the SI medical certificate. Make sure your AME understands that you will not be pursuing another class 3 (or any class FAA medical) at the end of the current period and not to submit any further information after the date that the medical expires. Brad Z can confirm this.

 

[bbchien]

Kenny, the "SI authorization letter is valid through" date, and the expiry date of the SI certificate are Two totally separate items. If you bump up against your "not valid for an class after...." date, and nobody sends the FAA any more information, your Cert was indeed valid to the end of its' date and no effort at renewal has occurred.

Then you're on BASIC med.
Nothing further is required. So no you don't have to go through the process one further time. Just be certain your doc doesn't send any further documents to the agency "direct", as that has been interpreted in the past by Medica Branch as "attempted reapplication". Give that direction to the offices, IN WRITING.

There's an opinion and interpretation on that but a lotta old staff got DOGE'd (they didn't want to take any chances on their pensions) and they bailed. It's Domingo AFX-1-2-_2018 (10/12/2018). Invariably, some of the staff didn't get the email.

The answer is (I'm in exactly the same boat as you, with normal-tension glaucoma and visual field loss) your third class medical must be valid up to its expiration date. IOW, my medical is good for two years, but my SI for one, so I have to go through the SI process one more time, then BM will "take over".

B

 

[Smnjr]

So just for clarity. No need to submit anything to satisfy the underlying authorization. Just let the current cert it expire and fly under basic med.

 

[Rcmutz]

So just for clarity. No need to submit anything to satisfy the underlying authorization. Just let the current cert it expire and fly under basic med.

My understanding is that if you don’t send in the required information for the underlying authorization, the authorization becomes invalid. I sent the information in for my authorization, but did not go for a third class medical exam. When I sent the required information in for the authorization, I let the FAA know I was transitioning to BM (which I already have) and letting my 3rd class medical certificate expire, but want to keep the underlying authorization valid until it’s expiration date in 2028. Hope it doesn’t confuse them. Seems pretty straight forward, but this is the FAA.

 

[Brad Z]

My understanding is that if you don’t send in the required information for the underlying authorization, the authorization becomes invalid. I sent the information in for my authorization, but did not go for a third class medical exam. When I sent the required information in for the authorization, I let the FAA know I was transitioning to BM (which I already have) and letting my 3rd class medical certificate expire, but want to keep the underlying authorization valid until it’s expiration date in 2028. Hope it doesn’t confuse them. Seems pretty straight forward, but this is the FAA.

Nope, that should not confuse them, and should work exactly as intended.

 

[hindsight2020]

So just for clarity. No need to submit anything to satisfy the underlying authorization. Just let the current cert it expire and fly under basic med.

Correct, where the medical expiration date is sooner than the SI auth expiry, which I believe is the OPs case. Once the medical is expired, the underlying authorization is moot.

The other poster is concerned about the FAA potentially retroactively denying/withdrawing his expired medical because he didn't keep up with the authorization requirements of an SI autho with expiration date longer than the medical expiration date. Admin law can be pretty tyrannical, so there's some basis for that neurosis, but it doesn't make it legal, 'Might Makes Right' dystopia of present governmental circumstances notwithstanding.

 

[Rcmutz]

Nope, that should not confuse them, and should work exactly as intended.

I’m hoping so. If like before they renew the authorization based upon me sending in the required annual CPAP report, that is ok with me. Don’t ever want to have to retake that sleep study if my PCP decides to discontinue doing the BM exam, and I want to go back to 3rd Class.

 

[Brad Z]

I’m hoping so. If like before they renew the authorization based upon me sending in the required annual CPAP report, that is ok with me. Don’t ever want to have to retake that sleep study if my PCP decides to discontinue doing the BM exam, and I want to go back to 3rd Class.

If you're transitioning to BasicMed, do not send any more medical information.

 

[Jon Wilder]

@Brad Z is correct. Once the underlying medical certificate times out, and you do not have a pending application for a new medical certificate, your Authorization becomes a piece of paper. You are only beholden to compliance with the Authorization Letter for as long as you hold a valid medical certificate issued under the Authorization Letter (FAA Office of the Chief Counsel to Ricardo Domingo, Flight Standards, legal interpretation issued Oct 2018).

If your medical certificate has timed out AND you are not currently seeking another, don't send any medical information, get BasicMed and don't look back.