EAA is evaluating two just-announced changes to FAA medical policies intended to become effective January 1, 2025. The first would significantly alter the deferral process for medical certificates that require additional information for an FAA decision, and the second would be to change the color vision testing protocol.
This week the Office of Aerospace Medicine announced their intent to issue initial denials to any applicant requiring additional information for certification, with instructions for continuing the application with the requisite paperwork. Previously, these applicants would have had their applications deferred and been issued requests for information, but they would not be issued denials unless the information was not provided in a timely manner or if the provided information revealed that the applicant was ineligible. Initial denials under the new policy will not be issued for deferred cases submitted with all required information at the time of application.
Once the requested information is provided to the FAA, the application will proceed as usual, and a medical certificate will be issued if the applicant is deemed eligible. While this process is functionally similar to the current procedure of deferrals and requests for information, the addition of initial denials to the process creates numerous negative consequences. EAA is concerned that the use of denials as a routine part of the application process will significantly increase stress for applicants and introduce unintended consequences for those under initial denial. These denials will render pilots ineligible to fly under Sport Pilot or BasicMed while their application is in process, as they are able to today. With some applications taking more than a year to process, this will leave many airmen on the ground and unable to stay proficient. These initial denials will be reportable on future medical applications and any other paperwork (such as insurance, employment applications, etc…) that asks whether an airman has a previous medical denial. As previously stated, applications containing all pertinent information at the time of the AME exam will not be subject to initial denial – and regardless of this policy face the least amount of delays in the approval process – so members are strongly encouraged to discuss any change of medical status with an AME prior to applying for a medical certificate.
According to briefings provided to aviation medical examiners this week, this change is being driven by the FAA’s legal interpretation of Section 801 in the FAA Reauthorization Act of 2024 (Public Law 118-63). EAA is working to understand the validity of this interpretation and what remedies are available, including a delay in implementing this new policy. The consequences of this policy change are significant, even if the application process should remain similar in terms of timeframes and outcomes.
The second change announced is a significant modification to the FAA’s policy on color vision testing that should make the process easier for most applicants. It does, however, require some aviation medical examiners to purchase new equipment or subscriptions. The FAA is now requiring a computerized testing protocol, which should increase the accuracy of tests. It is not requiring the retest of any airmen with a current medical certificate except in specific cases, such as certain applicants upgrading their medicals to a 1st or 2nd class from a 3rd class or those with a condition or medication that makes color vision degradation likely. For all other airmen, the FAA is discontinuing color vision testing after the initial application; any additional testing will be based on medical history or medication use. EAA is continuing to review this just-announced change.
We will follow up with more information as it becomes available.
