Irrational Acts and Medical Certification Denial
In these times of bureaucratic abuse pilots sometimes feel "put upon" by what they consider abuse by the physicians that issue Third Class Medical Certificates.
In one such incident the physician noted the applicant had an undenied history of "gunrunning." He denied the applicants Medical Certificate under the guise of a "Character or Behavior Disorder."
From an appeal to the Examiners decision the National Transportation Safety Board said, "The question of whether or not an individual is disqualified from holding a medical certificate because of character or behavior disorder which has been severe enough to repeatedly manifest itself by overt acts has been before the board before.
In those cases there were numerous overt acts of the airmen which became the basis for a clinical diagnosis of a character or behavior disorder.
In this case, the only overt act relied upon by the Administrator is that the respondent admitted being convicted for gunrunning, in violation of the relevant Federal statutes. In our view, this conviction, in itself, does not give rise to any reasonable inference that the petitioner suffers from a personality defect which would require that he be reexamined."
The AOPA was pleased that pilots can appeal and win when activities in the past do not, in many cases, represent a "Character Or Behavior Disorder" that will deny them a medical certificate.
In these times of bureaucratic abuse pilots sometimes feel "put upon" by what they consider abuse by the physicians that issue Third Class Medical Certificates.
In one such incident the physician noted the applicant had an undenied history of "gunrunning." He denied the applicants Medical Certificate under the guise of a "Character or Behavior Disorder."
From an appeal to the Examiners decision the National Transportation Safety Board said, "The question of whether or not an individual is disqualified from holding a medical certificate because of character or behavior disorder which has been severe enough to repeatedly manifest itself by overt acts has been before the board before.
In those cases there were numerous overt acts of the airmen which became the basis for a clinical diagnosis of a character or behavior disorder.
In this case, the only overt act relied upon by the Administrator is that the respondent admitted being convicted for gunrunning, in violation of the relevant Federal statutes. In our view, this conviction, in itself, does not give rise to any reasonable inference that the petitioner suffers from a personality defect which would require that he be reexamined."
The AOPA was pleased that pilots can appeal and win when activities in the past do not, in many cases, represent a "Character Or Behavior Disorder" that will deny them a medical certificate.
