Sport Pilot ADHD Meds

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Sport Piloto

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Under sport pilot, the FAA has recognized decisions with medical conditions and medications are between a pilot and their doctor.

I take a controlled substance ADHD meds for daytime sleepiness. I can survive without medication, but feel so much better on it.

The concern is such a substance can cause positive results on drug tests. While such positive results are generally not a problem in the general civilian population (and are widely accepted), what would happen if a sport pilot were drug tested upon an incident/accident? Would such a positive test result in a sport pilots certificates immediately being revoked, even if the sport pilot has a valid prescription?
 
Sport Piloto said:
Under sport pilot, the FAA has recognized decisions with medical conditions and medications are between a pilot and their doctor.

I take a controlled substance ADHD meds for daytime sleepiness. I can survive without medication, but feel so much better on it.

The concern is such a substance can cause positive results on drug tests. While such positive results are generally not a problem in the general civilian population (and are widely accepted), what would happen if a sport pilot were drug tested upon an incident/accident? Would such a positive test result in a sport pilots certificates immediately being revoked, even if the sport pilot has a valid prescription?
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See 14 CFR §61.53(b) - Operations that do not require a medical certificate -

"For operations provided for in §61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate an aircraft in a safe manner."

If it's not an approved medication, and you are found to have it in your system, the feds would interpret this as "having a medical condition that would make the person unable to operate an aircraft in a safe manner".
 
Sport Piloto said:
Under sport pilot, the FAA has recognized decisions with medical conditions and medications are between a pilot and their doctor.
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That's a pretty broad and generous interpretation.

Is your doctor familiar with the FAR and with the aeronautical decision making process?
 
Jon Wilder said:
See 14 CFR §61.53(b) - Operations that do not require a medical certificate -

"For operations provided for in §61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate an aircraft in a safe manner."

If it's not an approved medication, and you are found to have it in your system, the feds would interpret this as "having a medical condition that would make the person unable to operate an aircraft in a safe manner".
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I don't think that's necessarily true. Do you have a citation or case law to show that?
 
Jon Wilder said:
If it's not an approved medication, and you are found to have it in your system, the feds would interpret this as "having a medical condition that would make the person unable to operate an aircraft in a safe manner".
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Would they? I'd agree they might, but I doubt it's certain. Taking an unapproved med does not necessarily equal "having a medical condition that would make the person unable to operate an aircraft in a safe manner".
 
If you have an accident and are found to have an unapproved medication in your system, I think that would be the first "exit" door for your insurance company.
 
Dwayne said:
If you have an accident and are found to have an unapproved medication in your system, I think that would be the first "exit" door for your insurance company.
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Other than illegal drugs, there are no "unapproved" (or "approved") medications with respect to Sport Pilot operations. They would have to connect the use of the medication, or the condition requiring the medication, to the cause of the accident to take action or deny an insurance claim.
 
Dana said:
Other than illegal drugs, there are no "unapproved" (or "approved") medications with respect to Sport Pilot operations. They would have to connect the use of the medication, or the condition requiring the medication, to the cause of the accident to take action or deny an insurance claim.
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How are the disallowed medications different between private and sport pilot? I am under the impression that the disallowed medications are certificate agnostic.
 
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If the drug label says not to operate machines, or drive a car likely that would be a problem. Has anyone ever heard of the FAA performing a drug test on someone. Not even sure they can legally do that without a court order. I suppose could end up in a situation where have a problem land on a highway police smell alcohol on your breath and run you through a dui test.
 
kell490 said:
Has anyone ever heard of the FAA performing a drug test on someone. Not even sure they can legally do that without a court order.
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NTSB has been known to do drug testing, after the pilot is dead from a crash ...

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Prevalence of Potentially Impairing Drugs in Fatally Injured Pilots Continues to Increase

www.ntsb.gov www.ntsb.gov
 
Sport Piloto said:
The concern is such a substance can cause positive results on drug tests. While such positive results are generally not a problem in the general civilian population (and are widely accepted), what would happen if a sport pilot were drug tested upon an incident/accident? Would such a positive test result in a sport pilots certificates immediately being revoked, even if the sport pilot has a valid prescription?
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If that were true it could apply to ANY medical condition or treatment that would result in denial of a medical certificate, e.g. sleep apnea, cancer, high blood pressure, and a wide range of mental, neurological and cardiac conditions that are not specically referenced in the Basic Med requirements. And the FAA has never provided a list of medications that are unallowable, leaving that to be done on a "case-by-case" basis in the application for an AME issured medical certificate.

Note in 61.23 the very extensive use of a driver's license as a pre-requisite for various operations. The inference is that meeting the medical requirements for a driver's licence substitutes for meeting the FAA requirements for a medical certificate. That fact alone should broaden the determination of "any medical condition that would make that person unable to operate in a safe manner".
 
Not that I'm complaining about the use of a driver's license as a a medical, but how many states have any medical requirements for one, other than maybe a vision test and loss of said DL for a DUI?
 
Dana said:
Not that I'm complaining about the use of a driver's license as a a medical, but how many states have any medical requirements for one, other than maybe a vision test and loss of said DL for a DUI?
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That's why I say it "broadens the interpretation" of the medical condition, but the fact that the regulations specifically use the driver's license as a standard in the section on medical certification has merit, IMHO.
 
kell490 said:
Has anyone ever heard of the FAA performing a drug test on someone.
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Yes. Extensive post-mortem drug testing is routinely performed by the FAA toxicology laboratory following fatal accidents. If you're dead, you can't object, and no court order is required. On the other hand, AFAIK there's no means for the FAA to compel a pilot to submit to testing following a non-fatal incident or accident. Of course, employers can and do require random and post-incident testing for commercial and ATP pilots as a condition of employment.
 
BrianR said:
Yes. Extensive post-mortem drug testing is routinely performed by the FAA toxicology laboratory following fatal accidents. If you're dead, you can't object, and no court order is required. On the other hand, AFAIK there's no means for the FAA to compel a pilot to submit to testing following a non-fatal incident or accident. Of course, employers can and do require random and post-incident testing for commercial and ATP pilots as a condition of employment.
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I was thinking if you got into a minor incident like ground looping maybe even forgot to select the proper fuel tank ran out of gas had a forced landing. I suppose the FAA could ask you if you take any medication during a phone interview.
 
Dana said:
Not that I'm complaining about the use of a driver's license as a a medical, but how many states have any medical requirements for one, other than maybe a vision test and loss of said DL for a DUI?
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Many states do. Widely ignored. Heck, universally ignored. In Ohio they only ask about epilepsy, but there are more on the list.
 
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