Medical Mondays: Senate Passes Two Aviation Medical Bills
In this special edition of Medical Mondays, aviation attorney Matthew Bulow discusses two aviation medical bills unanimously passed by the Senate on September 25: the Mental Health and Aviation Act and the Aviation Medication Transparency Act. The bills, S. 3257 and S. 3258, aim to address longstanding concerns with the FAA’s medical certification process. Before becoming law, the bills must pass the House again following a Senate amendment and be signed by the president.
The Aviation Medication Transparency Act would require the FAA to publish and annually update a plain-language list identifying medications that are allowed, conditionally acceptable or prohibited for pilots and air traffic controllers, along with guidance on mandatory grounding periods. It would also establish a way for treating physicians to consult directly with FAA medical staff before prescribing. The Mental Health and Aviation Act would require changes to Part 67 to encourage pilots and controllers to seek mental health care and disclose conditions during certification. It would also require action on recommendations from the FAA’s Mental Health Aviation Rulemaking Committee, provide greater review of the Special Issuance process, fund AME recruitment and training, address certification backlogs and create a public education campaign focused on reducing mental health stigma in aviation.
Key Insights
- Two Bills Passed the Senate: The Senate unanimously passed the Mental Health and Aviation Act and Aviation Medication Transparency Act on September 25.
- Medication Guidance Could Become Clearer: The Aviation Medication Transparency Act would require the FAA to publish plain-language guidance on allowed, conditionally acceptable and prohibited medications.
- Doctors Could Consult the FAA: The proposed medication law would create a direct inquiry mechanism for treating physicians to consult FAA medical staff before prescribing.
- Mental Health Rules Could Change: The Mental Health and Aviation Act would require the FAA to update Part 67 to encourage pilots and controllers to seek mental health care and disclose conditions.
- Special Issuance Could Be Reformed: The legislation would require regular review of the Special Issuance process and consider ways to improve certification for airmen with potentially disqualifying conditions.
- AME Training Could Receive More Funding: The bill would authorize up to $15 million per year from 2026 through 2028 for AME recruitment and training and FAA medical certification capacity.
- Mental Health Stigma Could Be Addressed: The legislation would require a public education campaign focused on destigmatizing mental health care and improving trust between the FAA and aviation professionals.
- The Bills Are Not Yet Law: The legislation still must clear the House and be signed by the president before taking effect.
