HIMS, Special Issuance, & Basic Med (Part 68)

[Jon Wilder]

Hi all.

I've seen this question come up a number of times on this forum and have yet to see one that gives a straight answer. So I felt compelled to do some digging myself. Here are the results of my research. Hopefully this can give the straight answer we're all looking for on this.

Question: "After obtaining a special issuance and a Part 67 medical certificate while on the HIMS program, can I fly under Part 68 once my Part 67 medical expires and not have to deal with the special issuance/HIMS?"

In my research, I have found that both Part 67 and Part 68 have a Special Issuance clause. If I am interpreting what I'm reading correctly, I gather that if the FAA has determined through the HIMS process that you suffer from substance abuse and/or dependence disorder, and the FAA has required you to engage with a HIMS AME to obtain a special issuance to fly under Part 67, that special issuance is also required to fly under Part 68.

14 CFR 68.9 Special Issuance process.
(a) An individual who has met the qualifications to operate an aircraft under 61.113(i) of this chapter and is seeking to serve as a pilot in command under that section must have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:
(1)(B)(iv) A substance dependence within the previous 2 years, as defined in 67.307(a)(4) of this chapter.

From this, I gather that you must continue to comply with the terms of that special issuance whether you're flying under Part 67 or Part 68. You are NOT going to bypass the HIMS or the SI requirements by flying under Part 68 once your Part 67 medical certificate expires.

Anyone who is more experienced with FAR interpretation care to weigh in on this?

 

[Clip4]

II believe when you obtained the SI you may apply for basic med.

 

[Jon Wilder]

II believe when you obtained the SI you may apply for basic med.

That much I knew. But some seem to think that the SI only applies when flying under part 67 and becomes irrelevant once your medical certificate expires. But it actually is required even when flying under part 68.

 

[lbfjrmd]

I will say this ... there are interpretation issues and the use of basic med does not come under deep scrutiny.

 

[Brad Z]

Hi all.

I've seen this question come up a number of times on this forum and have yet to see one that gives a straight answer. So I felt compelled to do some digging myself. Here are the results of my research. Hopefully this can give the straight answer we're all looking for on this.

Question: "After obtaining a special issuance and a Part 67 medical certificate while on the HIMS program, can I fly under Part 68 once my Part 67 medical expires and not have to deal with the special issuance/HIMS?"

In my research, I have found that both Part 67 and Part 68 have a Special Issuance clause. If I am interpreting what I'm reading correctly, I gather that if the FAA has determined through the HIMS process that you suffer from substance abuse and/or dependence disorder, and the FAA has required you to engage with a HIMS AME to obtain a special issuance to fly under Part 67, that special issuance is also required to fly under Part 68.

14 CFR 68.9 Special Issuance process.
(a) An individual who has met the qualifications to operate an aircraft under 61.113(i) of this chapter and is seeking to serve as a pilot in command under that section must have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:
(1)(B)(iv) A substance dependence within the previous 2 years, as defined in 67.307(a)(4) of this chapter.

From this, I gather that you must continue to comply with the terms of that special issuance whether you're flying under Part 67 or Part 68. You are NOT going to bypass the HIMS or the SI requirements by flying under Part 68 once your Part 67 medical certificate expires.

Anyone who is more experienced with FAR interpretation care to weigh in on this?

https://www.faa.gov/about/office_or...Domingo-AFX-1-2_2018_Legal_Interpretation.pdf

 

[bflynn]

What Brad said. HIMS is part of the FAA medical system, so once the medical is dead, so is the need for HIMS. You must stick with HIMS for the duration of your medical or you'll lose the medical. But once it expires, you can switch to Basicmed.

That isn't license to be reckless with drinking. Assume you're in the category of people who don't know they have a problem and talk to some anyway. Sometimes an outside opinion is needed to get you to see it.

This is about your health, not just evading an overbearing FAA system.

 

[lbfjrmd]

devil's advocate: "... but HIMS may never expire!"

 

[bflynn]

devil's advocate: "... but HIMS may never expire!"

But how do you administer an airman in the medical system when they don't have a medical? There is no paperwork and we all know bureaucracy runs on paperwork.

 

[Brad Z]

I look at it this way: part 67 is prescriptive, part 68 is performance based. Presuming you achieve the objective of the HIMS program, how you get there is up to the clinical judgement of the state licensed physician signing off the BasicMed examination checklist.