Pilot's BIll of Rights
MedXPress PBR Acknowledgement and Relationship to Public Law 112-153
- Flying is a privilege not a right
- Pilots must submit sensitive personal information to the government, this is requirement of the job
- Pilot's have a legal duty to be honest (fraud is a crime)
- Fair Due Process demands that any defendant is able to access info that could be used against them
- Government has a duty to safeguard private information, and it must operate with fairness and reasonably transparency
- If the government is taking action against an airman that puts the pilot's license or medical certificate in jeopardy, the airman must have access to that information (evidential discovery)
- This access includes air traffic data and medical data
- Immediately below (blue background) is MedXPress's Synopsis of the Pilot's Bill of Rights (Accessed 24 March 2014)
- Further Below (white background) is actual Public Law 112-153, the statutory Pilot's Bill of Rights (Passed Aug 2012)
Guidance is compiled and interpreted by professional pilots and physicians at FlightPhysical.com from the 2014 AME Guide, FAA and FDA web data (www.FAA.gov & www.FDA.gov), instructions specified in the Aeronautical Information Manual, Federal Air Surgeon Bulletins from 1999-2015, and 14 CFR Part 61 and Part 67 (the FARs).
PILOT'S BILL OF RIGHTS WRITTEN NOTIFICATION
The information you submit on the FAA Form 8500-8 Application for an Airman Medical Certificate will be used by the Administrator of the Federal Aviation Administration as part of the basis for issuing an airman medical certificate to you under Title 49, United States Code (USC) section 44703(a), if the Administrator finds, after investigation, that you are qualified for, and physically able to perform the duties related to the certificate for which you are applying. Therefore, in accordance with the Pilot's Bill of Rights, Public Law 112-153, the Administrator is providing you with the applicable written notifications related to this investigation of your qualifications for an airman medical certificate:
The nature of the Administrator's investigation, which is precipitated by your submission of this application [refers to online Form 8500-8 via MedXPress], is to determine whether you meet the medical standards for airman medical certification under Title 14, Code of Federal Regulations (CFR) part 67.
Any response to an inquiry by a representative of the Administrator by you in connection with this investigation of your qualifications for an airman medical certificate may be used as evidence against you.
A copy of the releasable portions of your airman medical file is available to you upon your written request addressed to:
Federal Aviation Administration
Aerospace Medical Certification Division
Medical Records Department, AAM-331
P.O. Box 25082
Oklahoma City, OK 73125-9867
Terms of Service Agreement and Privacy Statement.
Agreement between User and the Federal Aviation Administration (FAA)
The FAA MedXPress website is composed of various web pages operated by the FAA.
The FAA MedXPress website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FAA MedXPress website constitutes your agreement to all such terms, conditions, and notices.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS [MedXPress] WEBSITE AND YOU MAY NOT REGISTER AS A USER [for MedXPress].
The FAA reserves the right to change the terms, conditions, and notices under which the FAA MedXPress website is offered.
No Unlawful or Prohibited Use
As a condition of your use of the FAA MedXPress website, you warrant to the FAA that you will not use the FAA MedXPress website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FAA MedXPress website in any manner which could damage, disable, overburden, or impair the FAA MedXPress website or interfere with any other party's use of the FAA MedXPress website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FAA MedXPress website.
The information, software, products, and services included in or available through the FAA MedXPress website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The FAA and/or its suppliers may make improvements and/or changes in the FAA MedXPress website at any time. Information contained in the FAA MedXPress website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
The FAA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the FAA MedXPress website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. The FAA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
This Statement of Privacy applies to the FAA MedXPress website and governs data collection and usage. By using the FAA MedXPress website, you consent to the data practices described in this statement.
Statement of Privacy
The information entered into the FAA MedXPress on-line version of the Form 8500-8, Application For Airman Medical Certificate or Airman Medical and Student Pilot Certificate, is solicited under the authority of Title 49, United States Code (U.S.C.) (Transportation) sections 109(9), 40113(a), 44701-44703, and 44709 (1994) formerly codified in the Federal Aviation Act of 1958, as amended, and Title 14, Code of Federal Regulations (CFR), part 67, Medical Standards and Certification.
Except for your Social Security Number (SSN), submission of this information is mandatory. Incomplete submission will result in delay of further consideration or denial of your application for a medical certificate or medical and student pilot certificate. Other than your SSN, the purpose of the information is to determine whether you meet Federal Aviation Administration (FAA) medical requirements to hold a medical certificate or medical and student pilot certificate. The information will also be used to provide data for the FAA's automated medical certification system to depict airman population patterns and to update certification procedures and medical standards. For air traffic control specialists (ATCS) employed by the Federal Government, the information requested will be used as a basis for determining medical eligibility for initial and continuing employment. The information becomes part of the FAA Privacy Act system of records, DOT/FAA-847, General Air Transportation Records on Individuals. These records and information in these records may be used (a) to provide basic airman certification and qualification information to the public upon request; (b) to disclose information to the National Transportation Safety Board (NTSB) in connection with its investigation responsibilities; (c) to provide information about airmen to Federal, state, and local law enforcement agencies when engaged in the investigation and apprehension of drug law violators; (d) to provide information about enforcement actions arising out of violations of the Federal Aviation Regulations to government agencies, the aviation industry, and the public upon request; (e) to disclose information to another Federal agency, or to a court or an administrative tribunal, when the Government or one of its agencies is a party to a judicial proceeding before the court or involved in administrative proceedings before the tribunal; and (f) to disclose information to other Federal agencies for verification of the accuracy or completeness of the information; and (g) to comply with the Prefatory Statement of General Routine Uses for the Department of Transportation.
Submission of your SSN is not required by law and is voluntary. Refusal to furnish your SSN will not result in the denial of any right, benefit, or privilege provided by law. Your SSN is solicited to assist in performing the agency's functions under 49 U.S.C. (Transportation). If supplied, it will be used by the FAA to associate all information in agency files relating to you. If you refuse to supply your SSN, a substitute number or other identifier will be assigned, as required.
By answering "Yes" to under No. 20, Applicant's Declaration, you permit the FAA to request information, if any, pertaining to your driving record from the National Driver Register (NDR). The FAA will then match such NDR information with the information you provide on the medical history part of the form. Since the NDR identifies only probable matches, the FAA will verify the NDR information it receives with the state of record. You have the right to request an NDR file check to determine if it contains any information and, if so, the accuracy of such information. Notarized requests may be sent to: DOT/NHTSA/NTS-32, 400 7th Street, S.W., Washington, DC 20590-0001, and must contain your complete name and date of birth. Other information about height, weight, and eye color will ensure correct positive identification.
Collection of Your Personal Information
The FAA MedXPress website collects personally identifiable information, such as your e-mail address, name, address, telephone number, and Social Security Number. The FAA MedXPress website also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, and gender.
There is also information about your computer hardware and software that is automatically collected by the FAA MedXPress website. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used by the FAA MedXPress website for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FAA MedXPress website.
You are responsible for your own registration and password. You are responsible for maintaining the confidentiality of your information and password. You agree that you will not let any other person to use your registration or password. You agree to immediately notify the FAA of any unauthorized use of your registration or password. This may be done by sending an email to:
Use of Your Personal InformationThe FAA collects and uses your personal information to operate the FAA MedXPress website and to provide your Form 8500-8 information to your AME. The FAA also uses your personally identifiable information to provide password and confirmation number information to you via your email address.
The FAA will not sell, rent, or lease your information to third parties. Information gathered by the FAA MedXPress website will be used solely for the purpose of reviewing applications for Medical Certificates, Airman and Student Pilot Medical Certificates, and medical clearances. Only the Aviation Medical Examiner (AME) to whom you provide your FAA MedXPress confirmation number will have access to your Form 8500-8 application data. By giving your confirmation number to your AME you are consenting to the AME being able to access your FAA MedXPress Form 8500-8 information.
The FAA will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the FAA or the site; (b) protect and defend the rights or property of the FAA; and, (c) act under exigent circumstances to protect the personal safety of users of the FAA MedXPress website, or the public.
A cookie is a text file that is placed on your hard disk by a web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. If you choose to decline cookies, you may not be able to access the FAA MedXPress website.
Security of Your Personal Information
Properly securing the information we collect online is a primary commitment. To help us do this, we take steps to: (a) employ internal access controls to ensure the only people who see your information are those with a need to do so to perform their official duties; (b) train relevant personnel on our privacy and security measures to know requirements for compliance; (c) secure the areas where we hold hard copies of information we collect online; (d) perform regular backups of the information we collect online to insure against loss; (e) use technical controls to secure the information we collect online, including but not limited to Secure Socket Layer (SSL), encryption, firewalls, and password protections; (f) periodically test our security procedures to ensure personnel and technical compliance; (g) employ external access safeguards to identify and prevent unauthorized attempts of outsiders to hack into, or cause harm to, the information in our systems.
Tampering with FAA's website is against the law. Depending on the offense, it is punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.
Changes to this Statement
The FAA will occasionally update this Statement of Privacy to reflect company and customer feedback. The FAA encourages you to periodically review this statement to be informed of how the FAA is protecting your information.
Paperwork Reduction Act Statement
The information collected on this form is necessary to ensure applicants meet the minimum requirements as set forth under the authority of 49 U.S.C. (Transportation). This information will be used to determine applicant eligibility for a medical certificate, medical and student pilot certificate, or ATCS eligibility for employment. When all requirements have been met, an appropriate medical certificate, medical and student pilot certificate, or medical clearance will be issued. It is estimated that it will take each applicant 2 hours to complete this form and provide all the information called for (includes providing medical history information and physical examination). The information is required to obtain a certificate and is confidential. The information will become part of the Privacy Act system of records DOT/FAA 847, General Air Transportation Records on Individuals. Note that an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The control number for this collection of information is 2120-0034.
Below is Actual Text of the Public Law 153
Pilot's Bill of Rights:
[112th Congress Public Law 153] [From the U.S. Government Printing Office] [[Page 126 STAT. 1159]] Public Law 112-153 112th Congress An Act To amend title 49, United States Code, to provide rights for pilots, and for other purposes. <<NOTE: Aug. 3, 2012 - [S. 1335]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Pilot's Bill of Rights.>> SECTION 1. <<NOTE: 49 USC 40101 note.>> SHORT TITLE. This Act may be cited as the ``Pilot's Bill of Rights''. SEC. 2. <<NOTE: 49 USC 44703 note.>> FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE. (a) In General.--Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence. (b) Access to Information.-- (1) <<NOTE: Notification.>> In general.--Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this section as the ``Administrator'') shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code. (2) Information required.--The notification required under paragraph (1) shall inform the individual-- (A) of the nature of the investigation; (B) that an oral or written response to a Letter of Investigation from the Administrator is not required; (C) that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator; (D) that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual; (E) that the releasable portions of the Administrator's investigative report will be available to the individual; and (F) that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4). [[Page 126 STAT. 1160]] (3) Exception.--The Administrator may delay timely notification under paragraph (1) if the Administrator determines that such notification may threaten the integrity of the investigation. (4) Access to air traffic data.-- (A) FAA air traffic data.--The Administrator shall provide an individual described in paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation Administration that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph. (B) Air traffic data defined.--As used in subparagraph (A), the term ``air traffic data'' includes-- (i) relevant air traffic communication tapes; (ii) radar information; (iii) air traffic controller statements; (iv) flight data; (v) investigative reports; and (vi) any other air traffic or flight data in the Federal Aviation Administration's possession that would facilitate the individual's ability to productively participate in the proceeding. (C) Government contractor air traffic data.-- (i) In general.--Any individual described in paragraph (1) is entitled to obtain any air traffic data that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph from a government contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations. (ii) Required information from individual.-- The individual may obtain the information described in clause (i) by submitting a request to the Administrator that-- (I) describes the facility at which such information is located; and (II) identifies the date on which such information was generated. (iii) Provision of information to individual.--If the Administrator receives a request under this subparagraph, the Administrator shall-- (I) request the contractor to provide the requested information; and (II) upon receiving such information, transmitting the information to the requesting individual in a timely manner. (5) Timing.--Except when the Administrator determines that an emergency exists under section 44709(c)(2) or 46105(c), the Administrator may not proceed against an individual that is the subject of an investigation described in paragraph (1) during the 30-day period beginning on the date on which the air traffic data required under paragraph (4) is made available to the individual. (c) <<NOTE: 49 USC 44703.>> Amendments to Title 49.-- [[Page 126 STAT. 1161]] (1) Airman certificates.--Section 44703(d)(2) of title 49, United States Code, is amended by striking ``but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (2) <<NOTE: 49 USC 44709.>> Amendments, modifications, suspensions, and revocations of certificates.--Section 44709(d)(3) of such title is amended by striking ``but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (3) <<NOTE: 49 USC 44710.>> Revocation of airman certificates for controlled substance violations.--Section 44710(d)(1) of such title is amended by striking ``but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law''. (d) Appeal From Certificate Actions.-- (1) In general.--Upon a decision by the National Transportation Safety Board upholding an order or a final decision by the Administrator denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of the Board may, at the individual's election, file an appeal in the United States district court in which the individual resides or in which the action in question occurred, or in the United States District Court for the District of Columbia. If the individual substantially affected by an order of the Board elects not to file an appeal in a United States district court, the individual may file an appeal in an appropriate United States court of appeals. (2) Emergency order pending judicial review.--Subsequent to a decision by the Board to uphold an Administrator's emergency order under section 44709(e)(2) of title 49, United States Code, and absent a stay of the enforcement of that order by the Board, the emergency order of amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending the exhaustion of an appeal to a Federal district court as provided in this Act. (e) Standard of Review.-- (1) In general.--In an appeal filed under subsection (d) in a United States district court, the district court shall give full independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any decision by the Administrator to make such order effective immediately. (2) Evidence.--A United States district court's review under paragraph (1) shall include in evidence any record of the proceeding before the Administrator and any record of the proceeding before the National Transportation Safety [[Page 126 STAT. 1162]] Board, including hearing testimony, transcripts, exhibits, decisions, and briefs submitted by the parties. SEC. 3. <<NOTE: 49 USC 44701 note.>> NOTICES TO AIRMEN. (a) In General.-- (1) Definition.--In this section, the term ``NOTAM'' means Notices to Airmen. (2) <<NOTE: Deadline.>> Improvements.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall begin a Notice to Airmen Improvement Program (in this section referred to as the ``NOTAM Improvement Program'')-- (A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system; (B) to archive, in a public central location, all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment; and (C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information. (b) Goals of Program.--The goals of the NOTAM Improvement Program are-- (1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system; (2) make the NOTAMs more specific and relevant to the airman's route and in a format that is more useable to the airman; (3) to provide a full set of NOTAM results in addition to specific information requested by airmen; (4) to provide a document that is easily searchable; and (5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen. (c) <<NOTE: Establishment.>> Advice From Private Sector Groups.-- The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section. (d) <<NOTE: Deadline.>> Phase-in and Completion.--The improvements required by this section shall be phased in as quickly as practicable and shall be completed not later than the date that is 1 year after the date of the enactment of this Act. SEC. 4. <<NOTE: 49 USC 44703 note.>> MEDICAL CERTIFICATION. (a) Assessment.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the Federal Aviation Administration's medical certification process and the associated medical standards and forms. (2) Report.--The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that examines-- (A) revisions to the medical application form that would provide greater clarity and guidance to applicants; [[Page 126 STAT. 1163]] (B) the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an individual's medically relevant circumstances; and (C) steps that could be taken to promote the public's understanding of the medical requirements that determine an airman's medical certificate eligibility. (b) Goals of the Federal Aviation Administration's Medical Certification Process.--The goals of the Federal Aviation Administration's medical certification process are-- (1) to provide questions in the medical application form that-- (A) are appropriate without being overly broad; (B) are subject to a minimum amount of misinterpretation and mistaken responses; (C) allow for consistent treatment and responses during the medical application process; and (D) avoid unnecessary allegations that an individual has intentionally falsified answers on the form; (2) to provide questions that elicit information that is relevant to making a determination of an individual's medical qualifications within the standards identified in the Administrator's regulations; (3) to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and (4) to ensure that-- (A) the application of such medical standards provides an appropriate and fair evaluation of an individual's qualifications; and (B) the individual understands the basis for determining medical qualifications. (c) <<NOTE: Establishment.>> Advice From Private Sector Groups.-- The Administrator shall establish a panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the assessment required under this section. (d) <<NOTE: Deadline.>> Federal Aviation Administration Response.-- Not later than 1 year after the issuance of the report by the Comptroller [[Page 126 STAT. 1164]] General pursuant to subsection (a)(2), the Administrator shall take appropriate actions to respond to such report. Approved August 3, 2012. LEGISLATIVE HISTORY--S. 1335: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 158 (2012): June 29, considered and passed Senate. July 23, considered and passed House. <all>
On Aug 3, 2012, President Obama signed the Pilot’s Bill of Rights (PBR) to help insure that pilots are treated fairly when facing certification enforcement actions. A year later (Sep 30, 2013) the NTSB modified it's Rules of Practice which should help implement the spirit of this airman protection. Being relatively new, legal precedent is limited. It is unclear how a dispute might play out in the courts, but the original legislation is spelled out above in Public Law 112-153. The statue specifies that an individual who is the subject of an investigation relating to the approval, denial, suspension, modification or revocation of his/her airman certificate under chapter 447, of title 49, of the United States Code is entitled to obtain government data that would facilitate their ability to productively participate in a proceeding (ie, defend themselves in the investigation). This basically grants pilots, or their attorneys, access to evidence as they prepare their position. By analogy, this protection extends to MedXPress data.
The MedXPress is a government computer system which streamlines the process of gathering medical history and filling out the medical application in advance of the visit with the AME for a flight physical. FAA systems, including all related equipment, networks, and network devices (specifically including Internet access) are provided for the processing of official U.S. Government information. As such MedXPress and their contractors operate as an arm of the FAA. By contrast, your designated AME remains a high level user with delegated authorities. The AME is not an FAA employee and does not have blanket access to every aspect of the FAA medical database. You (the applicant) essentially will grant your AME limited access to your MedXPress entries when you provide them your unique and time limited confirmation number from the summary sheet provided to you by MedXPress software at the time of final submission of your 8500-8 (Medical Application).
Because the PBR requires the FAA to provide any evidence being used against an airman as the basis of any enforcement at least 30 days in advance of action, there may be cases when data will be needed to help defend a legal action, though this is unlikely for preliminary MedXPress data. By contrast, if the investigation involves an operational incident involving ATC, the PBR mandates that airman be granted access to air traffic data whether the data is stored by a government contractor (control towers, flight service stations) or actual US Government computers (such as MedXPress). The protective clauses specifies that any person (i.e., the airman being investigated) who needs such government data must send their request(s) to the FAA. For typical aviation incidents involving air data with or without a medically aggravating factor, the request must list the date and the facility at which such air traffic data are located. Sometimes air traffic data is only stored for 5-45 days, so all requests should be expeditious.
The principle of non-repudiation is an attempt to guarantee that the airman applicant cannot later deny having entered a specific piece of medical data. In the past this was done by multi-part forms in the AME office which were signed by the applicant. Now the digital signature serves the same purpose. Once submitted, an Airman can not easily retract entries made through MedXPress. We provide a practice form, but airman must try to be accurate and understand medico-legal ramifications. Don't be evasive. We all make errors, if you make a mistake on the real form 8500-8 don't panic. It will be seen by the AME when you go for your flight physical, but you can make honest corrections through the AME at that time. Your original statements may be electronically adjusted by the AME depending on the plausibility of your explanation for the error.
MedXPress works like most online databases. As you proceed to fill out your history on MedXPress, you can save your work and revise it periodically until you have reviewed and completed the form. At this point you must submit, the data and your entries are no longer modifiable. If you need to revise an entry you made on the 8500-8 after you have already hit the submit button, we recommend that you contact your AME or the Regional Flight Surgeon to correct any problems. Otherwise, if you wait 60 days, the data is reportedly deleted from the system. If you need to access pre-AME, post-Submit data ("gray-zone data"), you are probably out of luck, so make sure you review your entries carefully before clicking "submit". After the AME-applicant review and flight physical exam is completed at the AME office, the medical data is then transferred out of the gray-zone and stored persistently at the FAA. At this point, normal PBR access protections go into effect (potentially incriminating data is available to any defendants).
Persistence rules are especially important for medical data. MedXPress entires are meant to be preliminary, so medical application histories are explicitly only saved for 60 days per the FAA's statements. If your online application is not authenticated by an AME within 2 months, the data is subject to deletion; therefore, the FAA has no duty to maintain an archive of this data. It is unlikely that preliminary entries would come back to haunt you after the 60 day period has elapsed. We refer to these unreviewed entries as gray-zone entries. Pilot applicants should reasonably expect that unreviewed 8500-8 will be unlikely to form the basis of an administrative or criminal action against you, but if these entries were the basis of negative allegations, the protective intent of the PBR is to grant you access to gray-zone data. If you are in this situation, recall that the MedXPress help desk is not obligated or authorized to answer questions related to medical entries on the Form 8500-8. Seek advice from your AME instead.
Sometimes an FAA investigation requires reconstruction of aviation incidents (missed ATC instructions, etc). These may or may not involve medical circumstances. When requesting relevant air traffic data, the FAA advises that the airman should provide the following information:
- Name and your airman certificate number;
- Other relevant information (aircraft heading, altitude, call sign, transponder code, etc.) that will help the contractor locate relevant data;
- Name/location of the contractor facility that you believe has air traffic data;
- Date and local time of day when such data relevant to the your flight operation were generated;
- Name of the FAA inspector, investigator or other FAA official (e.g., an air traffic controller who advises you about a possible pilot deviation) who notified you that you are under investigation;
- Your (airman being investigated) phone number or email
The medical part of the investigation is usually more straightforward since record identification and retrieval will be trivial. Non-persistent cookies are used to help store your data locally, and pseudo-SSN's can be assigned to applicants refusing to disclose their actual Social Security Numbers, but the main point is that the data is only retained for a maximum of 60 days between applicant submission and AME review. Finally, once you save your data through MedXPress, you will be assigned a confirmation number. Don't loose it (you will need it when visiting the AME). If you do loose your confirmation number, and you need your data retrieved as part of an investigation, the data may still be retrievable by other means but this is not guaranteed by the FAA.
Conclusion: The FAA and AME are not interested in entering an adversarial relationship with pilot advocates. The legal goals of the medical certification process include public safety, but to the surprise of many, the Public Law also specifies a goal of avoiding unnecessary allegations that an individual has intentionally falsified answers on the form. Your job is to review your entries carefully before clicking submit, but the FAA is not interested in making pilots feel like criminals. If you believe there are errors or problems after hitting the submit button, remember you will have another opportunity to discuss these issues with your chosen AME before your Aviation Medical Certificate is granted or rejected at the AME office. During the office visit, your AME will make comments and modify your form 8500-8 medical history entries where deemed appropriate. At the conclusion of the flight physical visit, the AME will issue, deny or defer your medical certificate, and only at that time, do your entries become permanent. After that you must retrieve records from Oklahoma City (FAA HQ) if you need access to your own medical records for any reason.
This page discussed Pilot's BIll of Rights
Reminder: use FlightPhysical.com to familiarize yourself with aviation medical regulations and guidelines, but always discuss your specific situation with one or more AMEs before dedicating resources toward expensive clinical workups. Find an AME now