638
14 CFR Ch. I (1–1–24 Edition)
§ 67.315
(c) No medication or other treatment
that the Federal Air Surgeon, based on
the case history and appropriate, quali-
fied medical judgment relating to the
medication or other treatment in-
volved, finds—
(1) Makes the person unable to safely
perform the duties or exercise the
privileges of the airman certificate ap-
plied for or held; or
(2) May reasonably be expected, for
the maximum duration of the airman
medical certificate applied for or held,
to make the person unable to perform
those duties or exercise those privi-
leges.
§ 67.315
Discretionary issuance.
A person who does not meet the pro-
visions of §§ 67.303 through 67.313 may
apply for the discretionary issuance of
a certificate under § 67.401.
Subpart E—Certification
Procedures
§ 67.401
Special issuance of medical
certificates.
(a) At the discretion of the Federal
Air Surgeon, an Authorization for Spe-
cial Issuance of a Medical Certificate
(Authorization), valid for a specified
period, may be granted to a person who
does not meet the provisions of sub-
parts B, C, or D of this part if the per-
son shows to the satisfaction of the
Federal Air Surgeon that the duties
authorized by the class of medical cer-
tificate applied for can be performed
without endangering public safety dur-
ing the period in which the Authoriza-
tion would be in force. The Federal Air
Surgeon may authorize a special med-
ical flight test, practical test, or med-
ical evaluation for this purpose. A med-
ical certificate of the appropriate class
may be issued to a person who does not
meet the provisions of subparts B, C, or
D of this part if that person possesses a
valid Authorization and is otherwise
eligible. An airman medical certificate
issued in accordance with this section
shall expire no later than the end of
the validity period or upon the with-
drawal of the Authorization upon
which it is based. At the end of its
specified validity period, for grant of a
new Authorization, the person must
again show to the satisfaction of the
Federal Air Surgeon that the duties
authorized by the class of medical cer-
tificate applied for can be performed
without endangering public safety dur-
ing the period in which the Authoriza-
tion would be in force.
(b) At the discretion of the Federal
Air Surgeon, a Statement of Dem-
onstrated Ability (SODA) may be
granted, instead of an Authorization,
to a person whose disqualifying condi-
tion is static or nonprogressive and
who has been found capable of per-
forming airman duties without endan-
gering public safety. A SODA does not
expire and authorizes a designated
aviation medical examiner to issue a
medical certificate of a specified class
if the examiner finds that the condi-
tion described on its face has not ad-
versely changed.
(c) In granting an Authorization or
SODA, the Federal Air Surgeon may
consider the person’s operational expe-
rience and any medical facts that may
affect the ability of the person to per-
form airman duties including—
(1) The combined effect on the person
of failure to meet more than one re-
quirement of this part; and
(2) The prognosis derived from profes-
sional consideration of all available in-
formation regarding the person.
(d) In granting an Authorization or
SODA under this section, the Federal
Air Surgeon specifies the class of med-
ical certificate authorized to be issued
and may do any or all of the following:
(1) Limit the duration of an Author-
ization;
(2) Condition the granting of a new
Authorization on the results of subse-
quent medical tests, examinations, or
evaluations;
(3) State on the Authorization or
SODA, and any medical certificate
based upon it, any operational limita-
tion needed for safety; or
(4) Condition the continued effect of
an Authorization or SODA, and any
second- or third-class medical certifi-
cate based upon it, on compliance with
a statement of functional limitations
issued to the person in coordination
with the Director of Flight Standards
or the Director’s designee.
(e) In determining whether an Au-
thorization or SODA should be granted
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