More on topic....
If you've been diagnosed with substance dependence here's what I would do:
1. Take ownership of your recovery, and do whatever it is you need to do to get the dependence monkey off your back. Don't even think about starting unless you KNOW you're ready to be DONE with that lifestyle.
2. Decide whether the limitations of BasicMed will work in your situation. Then pick one:
a. Decide on the BasicMed route.
b. Accept that you'll have to hold a medical certificate and be under drug/alcohol monitoring for life.
c. Consider Sport Pilot/gliders/balloons/ultralights. Do not do anything that would compromise your ability to utilize Sport Pilot.
c. Pick a different hobby, enjoy your recovery, and hope regulations improve in the future.
2. Get a special issuance for the condition.
3. Pass a medical and get issued a 3rd class medical certificate.
4. Continue to comply with
EVERY detail of the SI letter while you hold the medical certificate. In fact, it wouldn't be a bad idea to go above and beyond.
5. Allow the 3rd class medical certificate to expire. Do not renew the medical.
6. Continue to fly under BasicMed.
Optionally, hold medicals under the SI for at least 2 years to document your commitment to recovery from substance dependence.
I would
NOT make an issue of things by surrendering your medical before it expires, or communicating in any fashion with the FAA about the terms/length of the SI letter. Better to fade away than shine a light on yourself.
Rationale:
As long as someone holds a medical with a substance dependence diagnosis that airman will be on some form of intrusive drug/alcohol testing. The days of release from monitoring for dependence are over. Putting someone under substance monitoring for a LIFETIME is just ridiculous. It's an overreach, counter-productive, overly financially burdensome, lifestyle intrusive, and not necessary to insure aviation safety. We now have a system that places more scrutiny on 3rd class substance dependence SI medicals than some dependence diagnosed airmen actively flying airliners.
The reg calls out substance
dependence within
2 years as disqualifying for BasicMed. 14 CFR 68.9 (a)(1)(4). Note that
abuse is not specifically called out as disqualifying, however then you get into the self certifying issue. 14 CFR 68.3 (b) (5). If you get the SI letter for dependence, get 1 issuance of a medical, don't renew the medical, then you're in compliance with BasicMed for that single disqualifying condition (dependence). To stay in compliance with BasicMed the medical certificate cannot be revoked or suspended. 14 CFR 61.23(c)(3)(ii). Note that only the medical certificate is called out in this reg, NOT the special issuance letter.
If substance dependence SI pilot on BasicMed subsequently develop any of the other BasicMed disqualifying conditions, they're going to have to get an SI for that new condition. This means proving they're still abstinent and dependence is under control as well as proving the new condition is under control. Think about what proving you're still good on substance dependence after years would mean.
There are 2 dates of importance.
The first is the expiration date of the SI letter. That is the last date when an airman can be issued a medical certificate under the SI letter. Once the SI letter expires, the airman has to obtain a new SI letter in order to continue being issued medical certificates. The terms of the special issuance letter are only enforceable as long as the airman holds a medical certificate. This date is only relevant to airman that want to hold medical certificates, and has little relevance to BasicMed.
The more important date is the expiration of the currently held medical certificate. Once the medical certificate is expired the FAA cannot use the SI letter as a mechanism to require anything from the airman. This is explained in the FAA's own legal interpretations. Not holding a medical certificate also exempts the airman from the FAA's ability to use 67.413 to require airman to hand over medical records. In short
some, but not ALL, aspects of 14 CFR 67 become non-applicable to airmen that do not hold medical certificates.
The FAA can still require additional information from BasicMed airmen under 14 CFR 68.11.
Airmen can voluntarily surrender their medical certificates, but it's not always that easy. The FAA can refuse to accept the return of a medical certificate if it's an attempt to avoid certificate action or investigation. Keep in mind the term investigation is broad. For example, an FAA request for more information after a medical exam constitutes an "investigation". The pertinent scenario here would be surrendering a medical to go BasicMed, and the FAA refusing the surrender then revoking the medical, thus making the airman disqualified from BasicMed.
For those thinking, "great I'll just wait 2 years after my dependence diagnosis, not renew my medical and then go BasicMed", it's probably not a good idea. If you held a medical, got a dependence diagnosis, didn't renew, waited 2 years, then started on BasicMed you'd be on pretty shaky legal ground. There's the issue of when exactly does someone with dependence stop being dependent. The current FAA/FAS stance is pretty clear that once dependent you're always dependent and require total abstinence. My layman's opinion is that going to treatment/meetings/remaining abstinent for 2 years then back to "1 beer with dinner" in the 3rd year means you're still dependent in the eyes of those that matter. Also, if you develop a condition that requires an SI to continue under BasicMed the dependence will have to be disclosed at that time. Additionally, there isn't a lot of case law around BasicMed and you're very likely going to be entering "test case" territory.
