FAA Substance Dependence, Abuse & The HIMS Program
TALK WITH US TODAYAviation Law Firm Substance Dependence, Abuse & The HIMS Program
Pilots struggling with substance use or undergoing evaluation by a HIMS program professional are in a vulnerable legal position. FAA regulations governing substance use and mental health are rooted in policy, not necessarily in current medical standards — yet they significantly impact a pilot’s career. These issues often carry consequences far beyond a routine evaluation or document review, and it’s crucial that these cases are presented correctly to the FAA.
Our team of committed professionals are here to review your unique case and provide guidance and resources to navigate the HIMS program successfully, while also fighting against the FAA’s outdated policies on substance use and mental health support.
Not sure how your medical disclosures will affect your FAA certification? Our confidential MedXPress Simulator helps you evaluate your answers before submitting your real application. It’s free to use and provides the option to consult with one of our aviation attorneys—should you choose to move forward with legal representation.
Additional Practice Areas Listed
- FAA Medical Denial
- Pilot Certificate Actions
- Aircraft Crashes
- FAA DUI Reporting
- NTSB Appeals
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Understanding FAA Substance Use Disqualification
For pilots, holding a valid FAA medical certificate is essential to maintain a successful aviation career, particularly when it comes to high-level certifications like the First-Class medical certificate needed for airline pilots.
However, substance abuse or dependence can severely impact this certification, and in certain cases, it can even threaten an airline transport pilot (ATP) certificate. If a pilot is regulatorily diagnosed with substance abuse or dependence, it may result in the denial of their FAA medical certificate.
Pilots facing these challenges often find the medical re-certification process to be overwhelming. At Ramos Law, we recognize the difficulties associated with substance-related disqualifications and the importance of restoring your medical certification to get back to flying. Our dedicated legal team specializes in assisting pilots through this process, offering guidance and support at every stage of the certification process.
FAA Drug and Alcohol Policies for Pilots
The FAA enforces stringent drug testing regulations for various types of pilots, and violations of these rules can lead to severe consequences. Specifically, FAA regulations concerning alcohol use are clear: a pilot found under the influence, or failing a drug test, will face disqualification.
For pilots facing substance-related challenges, it’s essential to comprehend the FAA’s drug and alcohol policies and understand their implications for your medical certification. Substance abuse issues, whether related to alcohol or drugs, can result in the denial of FAA medical clearance and, in some cases, the revocation of a pilot’s license.
The HIMS Program: A Structured Path to Re-certification
The HIMS program offers a structured approach for pilots to regain their medical certification following substance abuse or dependence. This program serves as a pathway for pilots to demonstrate their recovery or aeromedical fitness and earn FAA medical approval.
Key steps in the HIMS program include:
Initial Evaluation: The process starts with an evaluation by an FAA-approved HIMS-trained AME and/or a qualified Substance Abuse Professional (SAP), who assesses the pilot’s history of substance use and recommends an appropriate treatment plan.
Treatment (if required): Based on the evaluation, pilots may be required to undergo treatment for substance use issues. Treatment options may include residential rehabilitation or outpatient therapy as well as continuing their recovery journey by participating in aftercare programs, peer support groups, and 12-step initiatives.
Ongoing Monitoring: Pilots enrolled in the HIMS program are subject to regular monitoring, including mandatory drug and alcohol testing, to ensure they maintain their sobriety.
Abstinence: Pilots must remain abstinent from alcohol and drugs throughout the process.
Recertification: After successfully completing the program and meeting all required conditions, pilots can apply for re-certification of their FAA medical certificate.
The Importance of Legal Guidance in the HIMS Process
Navigating the FAA’s substance abuse policies and the complexities of the HIMS program can be overwhelming. It’s vital for pilots to have experienced legal counsel to guide them through these processes.
Aviation attorneys, like the team at Ramos Law, can assist pilots in ensuring compliance with the HIMS program’s strict requirements and advocate for you throughout the recovery and re-certification process.
By partnering with a skilled aviation attorney, pilots increase their chances of regaining their medical certification and continuing their careers in aviation. We understand the high stakes and are committed to helping you through every step of this challenging process.
FAA Substance Dependence, Abuse & The HIMS Program Frequently Asked Questions
The HIMS Program is a structured FAA-approved monitoring and recovery program for pilots diagnosed with substance abuse or dependence. A lawyer can assist by guiding you through the legal and regulatory aspects of the program, ensuring compliance, and protecting your rights during the process.
Yes, a lawyer can provide vital support if you’re facing action related to substance abuse, helping you understand the legal implications, represent your interests, and work to protect your career and license.
If your medical certification is denied due to substance abuse issues, a lawyer can help you understand the appeals process and assist in navigating the complex certification process, including enrollment in the HIMS Program if applicable.
A lawyer can help you understand the specific legal and regulatory requirements of the HIMS Program, ensuring you remain in compliance throughout your recovery process and avoid any potential setbacks in regaining your medical certification.
Failing a drug or alcohol test could lead to serious legal consequences, including FAA certificate suspension or revocation, civil penalties, and in some cases, criminal investigation if fraud or falsification is suspected. A lawyer can explain the full scope of potential legal penalties and assist in mitigating the impact on your career.
If you’re facing false or unsubstantiated allegations, a lawyer can help you defend yourself, gather evidence, and ensure that your rights are protected throughout the investigation or legal proceedings.
Yes, an attorney can help you understand the FAA’s investigation process, represent you throughout the process, and help to challenge any erroneous decisions made by the FAA, whether you are in the HIMS Program or not.
If you’re affected by a substance use issue or legal action from the FAA, it’s important to consult an attorney specializing in aviation law. Our team of attorneys’ experience in FAA regulations, medical certification, and substance abuse issues can help you navigate these challenges and protect your professional future.
Dealing with Substance Use? We’re Here to Help You Return to Flight
The road to recovery may appear difficult, but the HIMS program may offer a path for pilots determined to regain their flying abilities. At Ramos Law, we provide confidential consultations to help you understand your options and offer the legal expertise you need to navigate the FAA’s medical certification procedures.
If you’re facing substance use issues and want to explore your options, contact us today to schedule a private consultation and learn more about how the HIMS program can help you take flight again.
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