Basic Med gray area

Here's the place to ask all of your medical questions. But don't believe everything you read!

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Merlinspop
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Basic Med gray area

Postby Merlinspop » Wed Aug 22, 2018 11:43 am

So, I might be eligible for basic med after all. But the FAA’s website contradicts itself and I can’t find a definitive authoritative source.

Last medical issued 4/2003 when I was 39, so it was valid through 4/2008.

One FAA page says a pilot has to have a medical “valid after” July 15, 2006. If this is correct, I’m eligible.

The AC 68-1 says “issued after” July 15, 2006. If this is correct, I’m not eligible.

Has anyone got something I can firmly stand on? The guy at AOPA I talked to says their position is “valid after” is correct.

Bruce
- Bruce

TimTaylor
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Re: Basic Med gray area

Postby TimTaylor » Wed Aug 22, 2018 11:56 am

You must have held a valid FAA medical certificate within the 10 year look-back period from when Basic Med was signed into law 7/15/16. So, if your medical certificate was valid on 7/16/06 or after, you qualify for Basic Med unless there is some other problem that people will bring up to prove I'm wrong. It's not based on when you had your physical except as that determines the expiration date of your valid medical certificate.

In my case, my 2nd class medical expired (no longer valid) after 5/31/06, so I missed out by 45 days. Bummer.
Commercial Pilot Airplane Single & Multiengine Land; Instrument Airplane; Sport Endorsement Airplane Single Engine Sea; Flight Instructor Airplane Single And Multiengine; Ground Instructor Advanced Instrument

Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Wed Aug 22, 2018 12:17 pm

TimTaylor wrote:You must have held a valid FAA medical certificate within the 10 year look-back period from when Basic Med was signed into law 7/15/16. So, if your medical certificate was valid on 7/16/06 or after, you qualify for Basic Med unless there is some other problem that people will bring up to prove I'm wrong. It's not based on when you had your physical except as that determines the expiration date of your valid medical certificate.

It looks like you agree with AOPA (and me, but clearly that is to my benefit).
I had previously thought it was a 24 month expiration since I turned 40, but the language is pretty clear that the duration of the medical is based on "at the time of issue" and I was 39, which would make it 60 months, meaning it was valid until 4/2008.

AOPA wrote me back and quoted FAR 61.23 (3) (i) (B)...

A person using a U.S. driver's license to meet the requirements of paragraph (c) while operating under the conditions and limitations of § 61.113(i) must meet the following requirements -

(i) The person must -

(B) At any point after July 14, 2006, have held a medical certificate issued under part 67 of this chapter;

Since my medical was valid, I'm deemed to have held it in compliance with the above.
- Bruce

TimTaylor
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Re: Basic Med gray area

Postby TimTaylor » Wed Aug 22, 2018 12:34 pm

This is not a grey area. That's the law as written.
Commercial Pilot Airplane Single & Multiengine Land; Instrument Airplane; Sport Endorsement Airplane Single Engine Sea; Flight Instructor Airplane Single And Multiengine; Ground Instructor Advanced Instrument

Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Wed Aug 22, 2018 12:38 pm

TimTaylor wrote:This is not a grey area. That's the law as written.

I called it gray because of the way the FAA contradicted itself.
- Bruce

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Re: Basic Med gray area

Postby TimTaylor » Wed Aug 22, 2018 12:51 pm

Merlinspop wrote:
TimTaylor wrote:This is not a grey area. That's the law as written.

I called it gray because of the way the FAA contradicted itself.


Yes, even they can get balled up at times. It's just a person stating what they think it says when that's not at all what it says.
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Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Wed Aug 22, 2018 1:02 pm

TimTaylor wrote:Yes, even they can get balled up at times. It's just a person stating what they think it says when that's not at all what it says.

True, and I get that people are human (I make plenty of mistakes to prove that old adage), but getting that wrong in the AC seems like something that should have been caught before publication. Glad it worked out in my favor... I might be shopping for a Pacer soon. Or a Cherokee 180. Or...
- Bruce

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Re: Basic Med gray area

Postby TimTaylor » Wed Aug 22, 2018 1:08 pm

Cherokee 180 is a great aircraft IMHO.
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Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Wed Aug 22, 2018 3:37 pm

If you’re a college football fan, play Lee Corso saying “Not so fast, my friend” in your head right now.

So... my medical was issued 4/2003 and I was under the age of 40. BUT... at that time, the “Under 40” valid time was only 36 months taking me to 4/2006. The FAA didn’t change THAT to 60 months until July of 2008. I didn’t have a valid medical after July 15, 2006. Missed it by 3 months.
- Bruce

TimTaylor
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Re: Basic Med gray area

Postby TimTaylor » Wed Aug 22, 2018 3:46 pm

That's too bad. Sorry.
Commercial Pilot Airplane Single & Multiengine Land; Instrument Airplane; Sport Endorsement Airplane Single Engine Sea; Flight Instructor Airplane Single And Multiengine; Ground Instructor Advanced Instrument

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Scooper
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Re: Basic Med gray area

Postby Scooper » Thu Aug 23, 2018 12:46 pm

Merlinspop wrote:If you’re a college football fan, play Lee Corso saying “Not so fast, my friend” in your head right now.

So... my medical was issued 4/2003 and I was under the age of 40. BUT... at that time, the “Under 40” valid time was only 36 months taking me to 4/2006. The FAA didn’t change THAT to 60 months until July of 2008. I didn’t have a valid medical after July 15, 2006. Missed it by 3 months.

Bruce, if you're able to get a 3rd class special issuance medical now, you can use that to qualify for BasicMed. Once you have the 3rd class SI, take the BasicMed online course, complete the CMEC and physical exam, and then just let the special issuance 3rd class medical lapse.
Stan Cooper (K4DRD)
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Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Thu Aug 23, 2018 3:22 pm

Scooper wrote:
Merlinspop wrote:If you’re a college football fan, play Lee Corso saying “Not so fast, my friend” in your head right now.

So... my medical was issued 4/2003 and I was under the age of 40. BUT... at that time, the “Under 40” valid time was only 36 months taking me to 4/2006. The FAA didn’t change THAT to 60 months until July of 2008. I didn’t have a valid medical after July 15, 2006. Missed it by 3 months.

Bruce, if you're able to get a 3rd class special issuance medical now, you can use that to qualify for BasicMed. Once you have the 3rd class SI, take the BasicMed online course, complete the CMEC and physical exam, and then just let the special issuance 3rd class medical lapse.

Absolutely, and I'll likely go that route. While the eventual outcome has a decent probability of being positive, I'm looking at 5-10 AMUs worth of testing to prove I don't have certain residual symptoms that won't be covered by my health insurance (unless I tell my doctor that I have those symptoms, which in turn would make the SI much less likely (the "Catch-22" of trying to prove a negative)).
- Bruce

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Scooper
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Re: Basic Med gray area

Postby Scooper » Thu Aug 23, 2018 5:19 pm

Merlinspop wrote:Absolutely, and I'll likely go that route. While the eventual outcome has a decent probability of being positive, I'm looking at 5-10 AMUs worth of testing to prove I don't have certain residual symptoms that won't be covered by my health insurance (unless I tell my doctor that I have those symptoms, which in turn would make the SI much less likely (the "Catch-22" of trying to prove a negative)).

I can certainly sympathize; the testing for my special issuance was costing a couple of thousand dollars every two years and that expense is the main reason I decided to fly as a sport pilot using my driver license. Fortunately, my SI 3rd class was valid through September, 2006, so I squeaked in under the ten year lookback for BasicMed.
Stan Cooper (K4DRD)
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Merlinspop
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Re: Basic Med gray area

Postby Merlinspop » Fri Aug 31, 2018 11:31 am

Just an update...
I had visited a local AME who has a good reputation for working with pilots who have issues in late July for a consultation. Talked to him about 2 issues of concern (I'll keep them off the public forum for now). He said neither will present a big problem, but will require him to defer to the regional office. He did say that it'd be a big help if I could get my GP to write a statement saying that in the DECADE since the last of the two issues that I haven't presented with any symptoms (which I haven't... I know I'm very fortunate in that regard). So I called her office and she had an open appointment so I ran right over. Holy Cow! When I told her what the AME asked for you'd think I handed her a live rattlesnake! "Oh, I can't possibly do that!" "I can't expose myself to that kind of liability when you crash!" "Flying isn't like driving a school bus" (she does a gazillion CDL physicals). She said she might consider writing the statement if I get her all the records from hospital stays and all the follow ups with specialists (why she was never interested in getting any of those records at the time of the events is the topic of a future, and final, conversation with her).

So, I spent the last month gathering up everything from every hospital stay and doctor I've seen in the last 10+ years (I know, I should have had my own copies of everything already; trust me, I will from now on!). Last Saturday, I did the MedXpress and went to the AME "officially." He went through everything and flagged pages that he thought would be helpful and then conducted the exam. Passed his part, but of course had to defer the issuance to New York. I scanned everything he asked for and sent them in. NY cleared me of one issue and asked for only a couple of tests (which should be ~$500, so not too bad at all in the grand scheme of things) for the other issue. Now I have appointments for the tests (unfortunately there's a wait due to scheduling). IF the test results are good, and I have no reason to suspect otherwise, it looks like I'll get my medical after all.

And a new GP who is willing to entertain BasicMed in 2 years.
- Bruce

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ShawnM
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Re: Basic Med gray area

Postby ShawnM » Sat Sep 01, 2018 10:27 am

Man, I'm exhausted just reading that post, I need a nap. :mrgreen:

That's a lot of work for a medical Bruce but good luck.


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