If correct, that raises an interesting possibility for those who find the FAA's medical process too daunting and cumbersome.
Let's consider a hypothetical aspirant private pilot. Call him Joe Highwing. Joe is rather typical of those who come to the POA medical forum seeking advice, as he has some complications with getting a Class 3 medical. Joe has a childhood ADHD diagnosis for which he no longer takes meds, two DUI busts, one bust for cannabis, and he has depression for which he takes two meds, only one of which is on the FAA's "okay" list. Having wisely perused this forum, Mr. Highwing realizes that he is facing a loooong, expensive, and arduous HIMS path if he wants to become a pilot, with no certainty that he will ultimately be approved, and probably lifelong monitoring and sobriety if he is.
After thinking things over, Joe decides to take an illegal but only slightly risky approach.
Joe fills out a falsified medical application. Basically he lies through his teeth and creates the appearance of a squeaky-clean applicant on paper. He then makes an appointment with an AME who makes the (rather cursory) 3rd class exam, and then seeing (for all he knows) the medical history of a perfectly healthy lad, issues the Class 3. Joe walks out of the office with a Class 3 medical,
but.....
For the next 5 years Joe does
absolutely nothing at all with it. He never so much as walks onto an airport property, let alone gets into an airplane. No flight training, nothing. Having no reason whatsoever to investigate Mr. Highwing's real medical history, the FAA never becomes aware of the truth.
Then, 5 years later, the Class 3 medical has expired and the statute of limitations has run out on the falsification felony. Joe then fills out a Basic Med application,
except this time he writes the truth, the whole truth, and nothing but the truth. He discloses everything he ommitted before, then makes an appointment with a doctor who does DOT exams, Basic Med, etc. The doc performs the exam, looks over Joe's medical history and, seeing nothing that requires a 1-time SI medical, signs the form. This truthful form never goes to the FAA, remember; it's simply kept in Joe's logbook.
Joe has now reached a Basic Med safe haven and can begin pilot training. He can't be prosecuted for the original false application, the FAA cannot revoke an expired medical, and the FAA won't see his truthful form.
By taking the small risk of getting caught falsifying the original application, Joe has arrived at the spot he desired without the expense of HIMS and tons of tests, and probably in about the same amount of time.
Anybody wanna bet it will happen? Or that it already has?