New Medical Deferral Process Beginning 2025

As it stands now, when an AME defers a medical to the FAA for further review, the FAA will send a request for additional information back to the applicant. The applicant then has 30-90 days to submit the required medical reports and evaluations. Throughout this time, the airman’s pre-existing medical is still valid until the date of expiration.  

However, beginning January 1, 2025, a medical that is deferred to the FAA for further review will be automatically issued an initial deferral letter, rather than an informational request letter. 

“Pilots with incomplete examinations and paperwork will now receive an initial denial with specific guidance for reconsideration,” stated the FAA. “This provides the applicant with an immediate answer, reduces wait times by eliminating the backlog of deferred medical certificates and gives clear reconsideration criteria to meet upon reapplying.”

Not only will this initial deferral process affect career pilots, but also pilots looking to utilize BasicMed and Sport Pilot privileges. 

“It is the unpopular interpretation and opinion of our firm that even before implementation of these processes, a deferral of your FAA medical application by your AME would prevent your being eligible for BasicMed and/or Sport Pilot privileges,” stated the Ison Law Firm. “It is our opinion that if you are deferred, a number of regulations essentially bar your eligibility for both BasicMed and Sport Pilot, to include 14 C.F.R. §§61.23 and 61.53.”

The EAA is also expressing concern as it relates to safety. “With some applications taking more than a year to process, this will leave many airmen on the ground and unable to stay proficient,” stated the EAA in a release. 

If proper documentation is provided, the FAA may issue a certificate after initial denial. However an initial denial also means that airmen will have to report that denial on all future FAA medical application forms, specifically question 13. 

The change is being driven by the FAA’s interpretation of Section 801 in the 2024 Reauthorization Act. Section 801 states: 

SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.

(a) IN GENERAL.—The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.

(b) INFORMATION REQUIRED.—In providing notification under subsection (a), the Administrator shall inform the individual—

(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;

(2) that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;

(3) that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and

(4) when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.

(c) EXCEPTION.—Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—

(1) to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or

(2) to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.

(d) STANDARD OF REVIEW.—An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act.

H. R. 3935—297

It is crucial to arrive at your medical exam with all required medical documentation and to discuss medical changes with your AME before applying for a medical certificate. If proper records and conversation are handled ahead of time, this may help to establish medical eligibility with your doctor, rather than the FAA.