Allegations of Falsification on FAA Medical Applications (FAR 61.59)
TALK WITH US TODAYFAA Medical Fraud: Legal Guidance for Pilots Under Investigation
When you apply for or renew your FAA medical certificate, you are not simply checking boxes – you are affirming, under penalty of law, that every statement is accurate and complete. Falsifying information on an FAA medical application intentionally or by omission is a federal offense with life-changing consequences.
If you’ve been accused of breaking this law, speak to an expert in aviation law before replying to the FAA. At Ramos Law, we approach these cases with a unique combination of medical insight and legal acumen. As your trusted partners, we’ll work with you to ensure you aren’t coerced into disclosing anything that is not required by law.
As a physician-led law firm with deep roots in both healthcare and aviation law, we know what’s at stake. Don’t risk losing your certificate, your livelihood, and your freedom to fly.
Meet Our Aviation Law Team
Joseph LoRusso, JD: Director of Aviation
Joseph LoRusso brings over 20 years of aviation expertise to Ramos Law, combining his background as an Airline Transport Pilot and professional flight instructor with his legal advocacy for those impacted by aviation accidents.
He holds type ratings in Learjets, Citations, the Phenom 300E, and Gulfstream GV (SIC), and currently flies both corporate and research missions, including global campaigns with NASA.
A dedicated airshow pilot and community volunteer, Joseph approaches every case with personal commitment and deep technical insight, whether defending pilots in FAA proceedings or representing victims of aviation incidents.
Ezekiel Denison: Aviation Attorney
Matthew Bulow: Aviation Attorney
Davin La Rue: Aviation Paralegal
Jose Munoz: Legal Assistant, Aviation Division
What does Section FAR 61.59 say?
FAR 61.59 states:
Ҥ 61.59 Falsification, reproduction, or alteration of applications, certificates, logbooks, reports, or records.
(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false statement on any application for a certificate, rating, authorization, or duplicate thereof, issued under this part;
(2) Any fraudulent or intentionally false entry in any logbook, record, or report that is required to be kept, made, or used to show compliance with any requirement for the issuance or exercise of the privileges of any certificate, rating, or authorization under this part;
(3) Any reproduction for fraudulent purpose of any certificate, rating, or authorization, under this part; or
(4) Any alteration of any certificate, rating, or authorization under this part.
(b) The commission of an act prohibited under paragraph (a) of this section is a basis for suspending or revoking any airman certificate, rating, or authorization held by that person. “
This regulation directly applies to your MedXPress medical application and any documents submitted to the FAA. Violations can trigger enforcement actions regardless of your flying history or experience.
How does Section FAR 61.59 relate to Medical Applications?
FAR § 61.59 directly applies to FAA medical applications, including those submitted through MedXPress. This regulation prohibits any fraudulent or intentionally false statements made on FAA documents. This includes medical applications, logbooks, and supporting records. If a pilot falsifies information on a MedXPress submission, such as omitting a medical condition, medication, or prior diagnosis, they risk violating this regulation.
The FAA considers this to be a serious offense, and under 61.59(b), such actions can result in suspension or revocation of any airman certificate, regardless of flight hours or previous record. Pilots should understand that FAA medical compliance is a legal obligation governed by federal regulations first and foremost. Accurate and truthful disclosure is essential to maintaining airman certification and remaining in good standing with the FAA.
Common Misses on an FAA Medical Application
Stop and review your medical history and experiences. These omissions can delay the approval of a FAA medical certification application – or lead you into serious legal trouble.
Mental health treatment
The FAA takes mental health seriously, especially conditions like depression, anxiety, ADHD, or PTSD, which can impact a pilot’s ability to safely operate an aircraft. While not every mental health condition is an issue, if a pilot is caught hiding a diagnosis, they could face certificate revocation, fines, or even criminal charges for fraud.
Medications or supplements used
Some medications can potentially impair cognitive or motor functions, making them disqualifying for flight duties. If a pilot is discovered to be taking unreported medications, they risk suspension or revocation of their medical certificate, along with potential legal consequences. This is especially important if the pilot is taking medications that are known to cause drowsiness or impaired judgment.
History of substance-related violations
The FAA cross-checks medical applications with driving records, and a failure to disclose a DUI is considered a serious violation. If discovered, pilots can face suspension, revocation, or even criminal penalties for falsifying official documents, as honesty about substance-related issues is crucial for aviation safety.
Chronic cardiovascular concerns
Heart conditions, such as high blood pressure or past heart attacks, can pose significant risks during flight. If a pilot hides these conditions and experiences a medical emergency in the cockpit, it could endanger passengers and crew, leading to FAA enforcement actions, revocation of their certificate, and possible liability in the event of an accident.
The FAA conducts audits, background checks, and cross-references medical and legal records, meaning dishonesty is often eventually uncovered. Lying on an FAA medical application can lead to severe legal and professional consequences.
The Consequences of Falsifying an FAA Medical Application
Falsifying any portion of your FAA medical application can trigger:
Immediate certificate suspension or revocation
Civil penalties up to $250,000
Criminal prosecution under 18 U.S. Code § 1001 for making false statements to the federal government
Complete Transparency: Even Minor Issues Matter
Even if your intent wasn’t malicious, the FAA’s strict liability standards mean that any incorrect answer, especially concerning mental health, substance use, or past health conditions, can be considered falsification.
Whether it’s an ancient procedure, a forgotten medication, or past counseling, everything must be disclosed accurately. Omitting small details, especially concerning mental health or substance use, can create major problems down the line. If you’re unsure about how to answer a MedXPress question, don’t guess. Consult an attorney before you click “submit.”
How Ramos Law Defends Pilots Accused of Falsification
We take an aggressive yet strategic approach to defending pilots accused of FAA medical falsification. Our process includes:
- Comprehensive medical and legal review of your history and application
- Engaging directly with the FAA’s legal and medical divisions
- Negotiating for reduced penalties or certificate retention
- Formal legal defense in FAA hearings or federal court, when necessary
Our team knows how to challenge evidence, question procedural flaws, and humanize your story to FAA regulators. You are more than a checkbox error, and we make sure that’s clear.
FAA Medical Certificate Frequently Asked Questions
Even unintentional omissions can be viewed as falsification. However, an experienced aviation attorney can help argue context, clarify intent, and potentially mitigate penalties.
Yes. Under 18 U.S. Code § 1001, intentional falsification is a felony punishable by up to five years in prison. This is rare, but possible in cases involving serious or repeated violations.
Not always. With proper legal representation, you may be able to negotiate a certificate suspension rather than a revocation, or even retain limited privileges.
It varies. Some investigations can last several months to years, especially if they involve coordination with the Office of Aerospace Medicine or the U.S. Attorney’s Office.
Absolutely. The sooner we are involved, the more we can do to protect your certificate and advocate on your behalf. We’re pilots, doctors, and attorneys – here to help!
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Common FAA Mental Health Certification Issues We Handle
- Depression: If you have been diagnosed with depression and are concerned about your FAA medical clearance, we can help. We work with pilots to provide the documentation the FAA needs to demonstrate you are capable of flying safely.
- Anxiety: Anxiety can be a significant barrier to FAA certification, but if your condition is well-managed and you have appropriate documentation, you may still be eligible for medical clearance.
- FAA ADHD Evaluation: ADHD can complicate the certification process for pilots, but with the right evidence and evaluations, a pilot can be approved for medical certification. We can guide you through this process, ensuring that all required documentation is in order.
- FAA Psychological Evaluation: If you are required to undergo a psychological evaluation as part of your medical certification process, we can work closely with your mental health professionals to help present a compelling case to the FAA.
- FAA Mental Health Standards: The FAA sets specific mental health standards that must be met by pilots and controllers, which may include psychiatric evaluations, neuropsychological testing, and comprehensive documentation from treating professionals.
- FAA Psychiatric Disqualification: If you’ve been disqualified due to psychiatric reasons, we can review your case, collaborate with your healthcare provider, and advocate on your behalf to secure the necessary medical certification.
- FAA Medication Approval for Pilots: Certain medications, including antidepressants and ADHD medications, are typically prohibited for pilots. However, some exceptions can be made with proper documentation and evaluation.
- FAA Denial for Antidepressants: If the FAA has denied your certification due to antidepressants, don’t lose hope. We can help you build a strong case to appeal this decision or apply for Special Issuance.
Need Help With an FAA Medical Issue? Our Aviation Attorneys Are Standing By.
Your right to fly matters. Let our experienced aviation attorneys help you protect your certification and your future.