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rampil
Joined: 04 May 2007
Posts: 870
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 Posted: Sat Sep 24, 2016 7:57 am Post subject: Current Status of third class medical reform |
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Hi All,
I'm switching hats here for a moment to my other pastime as a Senior
AME to bring you a brief update on the POBR2 reforms. I enclose
an article by Jim Frasier, the Federal Air Surgeon. I had several personal
chats with Dr. Frasier at the CAMA meeting last week and this article
tracks closely what he told me. I will only add that the expectation is that
the NPR and public comment process will probably exceed the one year
mandate (and Inhofe knew this going in), but the new FAA regs once
published in the Federal Register will supersede the "no enforcement" clause.
There is a lot in the air so to speak, that will not be settled until the major
insurance carriers and underwriters publish for guidance both for aircraft
hull insurance and for medical malpractice. I know the EAA says everything
will work out, but as the law is currently written with the exact wording of
the physician attestation at the end of the checklist, none of the docs I know
will be covered by insurance for signing it and fully expect to be a litigation
target as soon as there is a mishap. Oddly enough some senators attempted
to add liability protection for non-AMEs to the bill, but the committee rejected
that amendment. So as it stands, in section 7, AME, DARs and DPE as shielded
from civil actions, but not non-AME MDs. Further, according to the FAA
legal guys, doing the checklist medical exam (instead of an FAA 3rd Class),
is not considered being a representative of the FAA, so it will not be
covered by section 7. Catch 22.
I'm just laying out the situation as it exists this week. I will not response
to ad-homineum attacks.
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| Description: |
| Federal Air Surgeon Bulletin |
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Download |
| Filename: |
FAAFAS201602Abridged.pdf |
| Filesize: |
553.19 KB |
| Downloaded: |
477 Time(s) |
_________________
Ira N224XS |
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rnjcurtis(at)charter.net
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| Posted: Sat Sep 24, 2016 9:34 am Post subject: Current Status of third class medical reform |
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I'm switching hats here for a moment to my other pastime as a Senior
AME to bring you a brief update on the POBR2 reforms. I enclose
an article by Jim Frasier, the Federal Air Surgeon. I had several personal
chats with Dr. Frasier at the CAMA meeting last week and this article
tracks closely what he told me. I will only add that the expectation is that
the NPR and public comment process will probably exceed the one year
mandate (and Inhofe knew this going in), but the new FAA regs once
published in the Federal Register will supersede the "no enforcement" clause.
There is a lot in the air so to speak, that will not be settled until the major
insurance carriers and underwriters publish for guidance both for aircraft
hull insurance and for medical malpractice. I know the EAA says everything
will work out, but as the law is currently written with the exact wording of
the physician attestation at the end of the checklist, none of the docs I know
will be covered by insurance for signing it and fully expect to be a litigation
target as soon as there is a mishap. Oddly enough some senators attempted
to add liability protection for non-AMEs to the bill, but the committee rejected
that amendment. So as it stands, in section 7, AME, DARs and DPE as shielded
from civil actions, but not non-AME MDs. Further, according to the FAA
legal guys, doing the checklist medical exam (instead of an FAA 3rd Class),
is not considered being a representative of the FAA, so it will not be
covered by section 7. Catch 22.
I'm just laying out the situation as it exists this week. I will not response
to ad-homineum attacks.
Thanks for the update, IRA!! It seemed that this had gone into a “Black Hole” and would not be seen again until a couple of thousand pages of regs had been written, had you not come forward with your update. Even if you can’t show much progress, I and probably many more on this list are interested in any tidbits of information that you can dole out. Please fill us in whenever you receive an update.
Roger
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rampil
Joined: 04 May 2007
Posts: 870
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| Posted: Sat Sep 24, 2016 10:01 am Post subject: Re: Current Status of third class medical reform |
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From what I heard, the refs are mostly
done and hew very close to the law congress wrote.
After all, 70 senators and 200 some odd congressmen
signed it. It has to wind its way through layers of
review at DOT etc before opening for public comment.
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Ira N224XS |
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