- Jurisdiction
- Texas
The Code of federal regulations have medical requirements that pilots must have.
This requirements are found in TITLE 14>CHAPTER I>SUBCHAPTER D>PART 67>SUBPART B.
My question is if the Agency has a concern for a certain possible medical condition that might be affecting a pilot the Agency current practices are to request that the pilot submits for a medical evaluation. However they demand that the requested medical evaluation be performed by an Agency (FAA) selected group of doctors.
Is this legal ?
Is it constitutional ?
Is it forming an unlawful government monopoly (Example: 15 U.S. Code CHAPTER 1- MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE) ?
is it violating 5 U.S.C. § 552a(e)(5). ?
In other words if the agency (FAA) demands medical proof from a "medical doctor" does FAA has the legal right to reject medical reports being made by "Qualified and licensed medical doctors"
because the doctor is not listed on the Agency's (FAA) list of "Doctors" ?
(An MD specialized in oncology is no different than an MD specialized in oncology who doesn't have some sort of business relationship with the Federal Agency
Does the agency have the legal right to funnel financial gains only to a group and preferred list of doctors that the agency themself has made ?.
References:
§67.115 Discretionary issuance.
A person who does not meet the provisions of §§67.103 through 67.113 may apply for the discretionary issuance of a certificate under §67.401.
This requirements are found in TITLE 14>CHAPTER I>SUBCHAPTER D>PART 67>SUBPART B.
My question is if the Agency has a concern for a certain possible medical condition that might be affecting a pilot the Agency current practices are to request that the pilot submits for a medical evaluation. However they demand that the requested medical evaluation be performed by an Agency (FAA) selected group of doctors.
Is this legal ?
Is it constitutional ?
Is it forming an unlawful government monopoly (Example: 15 U.S. Code CHAPTER 1- MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE) ?
is it violating 5 U.S.C. § 552a(e)(5). ?
In other words if the agency (FAA) demands medical proof from a "medical doctor" does FAA has the legal right to reject medical reports being made by "Qualified and licensed medical doctors"
because the doctor is not listed on the Agency's (FAA) list of "Doctors" ?
(An MD specialized in oncology is no different than an MD specialized in oncology who doesn't have some sort of business relationship with the Federal Agency
Does the agency have the legal right to funnel financial gains only to a group and preferred list of doctors that the agency themself has made ?.
References:
§67.115 Discretionary issuance.
A person who does not meet the provisions of §§67.103 through 67.113 may apply for the discretionary issuance of a certificate under §67.401.