What happens if an AME issues a medical certificate when he should have deferred?

[yaddayadda]

Other than any potential consequences for the AME himself, what does the FAA do in a case that should have been originally deferred, and where the FAA would've asked for more documentation before issuing?

Do they retroactively claw back the issuance, or do you keep the valid certificate while they ask for documentation, with deadlines to provide that documentation?

 

[bflynn]

The FAA will withdraw the medical. They review every one.

 

[yaddayadda]

Will they immediately withdraw it as protocol, or is it possible they would just ask for the documentation they would've asked for if it had been deferred, and then withdraw if you don't reply or if they actually deny you?

 

[JOhnH]

Locally, an AME was theoretically issuing medical certificates that he shouldn't have.
He lost his AME priv's and every airman with an active certificate issued by him had to have a new certificate issued by an approved AME.

 

[yaddayadda]

Locally, an AME was theoretically issuing medical certificates that he shouldn't have.
He lost his AME priv's and every airman with an active certificate issued by him had to have a new certificate issued by an approved AME.

Right. In my case, I'm dealing with a HIMS AME who is, from all indications, well-respected. It's perfectly possible, indeed likely, that he's totally right that my application doesn't warrant a deferral (and of course he would know much more about that than me).

Just asking if it technically did require a deferral, what happens from there.

Should also say, the reason I think it might require a deferral would be fully disclosed in the application. I'm not suggesting my AME is doing anything shady.

 

[amster105]

Right. In my case, I'm dealing with a HIMS AME who is, from all indications, well-respected. It's perfectly possible, indeed likely, that he's totally right that my application doesn't warrant a deferral (and of course he would know much more about that than me).

Just asking if it technically did require a deferral, what happens from there.

Should also say, the reason I think it might require a deferral would be fully disclosed in the application. I'm not suggesting my AME is doing anything shady.

Check out the CACI guide for AMEs. It's what tells them what they can issue a medical for and what needs to be deferred.

 

[bflynn]

Whether or not they ask for more information or reverse it immediately would depend on the circumstance. The general topic is covered in FAA order 8500.1D, but there isn’t much guidance. The FAA does review every medical.

Is there something specific or just being hypothetical?

 

[yaddayadda]

I am so sorry to waste everyone's time, but I reviewed the CACI as amster105 and, in fact, my application does not require a deferral. I had been reading something wrong. Should've just trusted what my AME was saying.

Thanks anyway everyone!

 

[flyingron]

Will they immediately withdraw it as protocol, or is it possible they would just ask for the documentation they would've asked for if it had been deferred, and then withdraw if you don't reply or if they actually deny you?

Depends. Sometimes they'll point out you don't meet the requirements and withdraw the medical. Sometimes they say they are unable to determine and then you might get to fly while jumping through their hoops I think.

 

[Initial Fix]

Years ago I got an FAA request for additional info for a medical months after it was issued. It was a really trivial post surgery document. I shared the request with my AME at the time who couldn’t believe they asked for the info.