Drug Treatment - Pilot's License

I've been assigned the task of finding out the consequences of a
private pilot who voluntarily checks into drug rehab for assistance
beating a cocaine addiction. There have been no arrests, convictions
or run-ins with the law of any kind. Could any of you direct me to
the regs (DOT/FAA regs? - sorry, I forget which, as I haven't flown in
years) or any other resources that definitively address this issue?

I would like to have this info available when an intervention is
conducted next week. Thanks,

Julia Ambrose

If you want to get legal/technical, the regulatory language does not specify
reporting of self treatment... Based on what you say, no
arrests/convictions and not formally hospitalized with a bodily illness that
some insurance company has to pay for (paper trail), then what I always
advise folks who seek my counsel: Do a Clinton... Don't ask - Don't tell -
Pay your own bill...

Further, and in spite of the position the FAA lawyers will obviously take,
the HIPPA law makes your personal medical information your personal
property... I am awaiting with interest when the first test case comes where
the FAA takes certificate action against a pilot based on HIPPA protected
information... Should be a hoot to watch all the way up to the Brethern...
If I were a betting man, I would bet that the FAA will drop the case and
reinstate the pilot at the appellate level since they know that their regs
denying due process for pilots in the civil courts will not withstand a
constitutional scrutiny by the high court...

denny

"Julia" wrote in message
om...
I've been assigned the task of finding out the consequences of a
private pilot who voluntarily checks into drug rehab for assistance
beating a cocaine addiction.

"Dennis O'Connor" wrote in
:

Further, and in spite of the position the FAA lawyers will obviously
take, the HIPPA law makes your personal medical information your
personal property... I am awaiting with interest when the first test
case comes where the FAA takes certificate action against a pilot
based on HIPPA protected information...

The medical renewal form SPECIFICALLY requires the applicant to report all
such visits to medical professionals (especially for drug and mental
problems, even if it is just counseling).

You know, I thought the form then required the pilot to sign away his HIPPA
rights. Just looked back, it doesn't. It authorizes release of driving
records, but only attests that the medical information is correct. Nothing
about how it might be verified.

-----------------------------------------------
James M. Knox
TriSoft ph 512-385-0316
1109-A Shady Lane fax 512-366-4331
Austin, Tx 78721
-----------------------------------------------

"James M. Knox" wrote:

You know, I thought the form then required the pilot to sign away his HIPPA
rights. Just looked back, it doesn't.

It used to, but quite a few people refused to sign it, and the FAA had to grant
them certificates anyway. One of the guys who refused happened to be a writer,
and this got a certain amount of publicity. IIRC, his certificate was delayed for
several months while they argued back and forth about it. I wasn't aware the FAA
had removed it from the form, though. Maybe there is some intelligent life out
there?

George Patterson
Battle, n; A method of untying with the teeth a political knot that would
not yield to the tongue.

http://makeashorterlink.com/?D22A12CB7

I seem to remember that this pilot had a cocaine problem that was not
reported to either the FAA or to his employer. A judge had ordered his
record sealed on the grounds that it might hurt his career. Whether his
habit impaired his judgment in this case is still under investigation. You
do have to wonder what he was thinking to allow the airplane to be loaded
that way. OTOH this was probably the only job he could get. Getting fired
might not have seemed a viable option to him.

Dear Julia,

FAA Form 8500 asks in capital letters:

18. HAVE YOU EVER IN YOUR LIFE BEEN DIAGNOSED WITH, HAD, OR
DO YOU PRESENTLY HAVE ANY OF THE FOLLOWING?

n. Substance dependence or failed a drug test ever, or
substance abuse or use of illegal substance in the last
2 years.

If the pilot in question checks this box "no"
when he renews his medical,
based what you have said in your message,
he may be fined up to $250,000 or imprisoned
not more than 5 years, or both.

Moreover, if he is involved in an aircraft accident
and the insurance company finds out about this,
it is likely that his policy will be void, and
no claims will be paid. This is because insurance
policies require that a pilot have a valid
medical in order for the policy to be in effect.
Falsification of form 8500 will certainly void
his medical certificate.

--Ted

(Julia) wrote in message . com...
I've been assigned the task of finding out the consequences of a
private pilot who voluntarily checks into drug rehab for assistance
beating a cocaine addiction. There have been no arrests, convictions
or run-ins with the law of any kind. Could any of you direct me to
the regs (DOT/FAA regs? - sorry, I forget which, as I haven't flown in
years) or any other resources that definitively address this issue?

I would like to have this info available when an intervention is
conducted next week. Thanks,

Julia Ambrose