Curious about obtaining FAA medical certification with Autism? Neither Autism Spectrum Disorder (“ASD”) nor the subtype of Asperger’s syndrome are discussed in the FAA’s The Guide for Medical Examiners. Moreover, as of the time of this writing, you won’t find any specific protocols published by the FAA relative to ASD. Be that as it may, ASD is not a specifically disqualifying medical diagnoses under the Federal Aviation Regulations. Instead, the Federal Aviation Regulations relevant to the history of ASD or Asperger’s syndrome can be found at 14 C.F.R. §§ 67.107(c), 67.207(c), and/or 67.307(c).
These regulations (which are the same for first-, second-, and third-class) correlate to the “catch all” standards for mental health as they relate to airman medical certification. The regulations state as follows: “Mental standards for an airman medical certificate are: […] (c) No other personality disorder, neurosis, or other mental condition that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds – (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied 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 privileges.” Therefore, in light of the FAA not having any set protocol for assessing ASD or Asperger’s syndrome, the regulation obligates the airman to establish, essentially, that he or she is safe to fly and will not pose a risk to aviation safety.
In cases involving ASD, our experience has shown, and the FAA has even noted in periodicals, that the aeromedical concerns include questions of the applicant’s insight and judgment in decision making, the ability to be flexible and not rigid in thought-process, questions of speed in decision-making, and overall cognitive function. In this regard, we have seen some benefit in an applicant’s ability to demonstrate success in the flight training environment, perhaps by producing a letter of observation from the applicant’s Certified Flight Instructor. Other considerations, such as an applicant’s function in school and/or in the work environment, can further help demonstrate the applicant’s abilities generally. Overall, however, the FAA will typically request that an applicant trying to achieve FAA medical certification with Autism undertake a neuropsychological evaluation with a HIMS-trained neuropsychologist.
Neuropsychological testing for applicants trying to get a FAA medical certification with Autism is not clear cut. Currently, there is not a specifically identified test battery for applicants with a history of Autism Spectrum Disorder. Generally, it has been the experience of our firm that in cases of ASD, neuropsychologists utilize the FAA’s ADHD battery, with additional testing added in as needed. This battery will include assessment of an applicant’s attention/vigilance, processing speeds, visuospatial performance, auditory and visual memory, language function, psychomotor function, executive functioning (such as reasoning, problem solving, and cognitive flexibility), personality functioning, and academic achievement testing. A favorable performance on cognitive testing, coupled with additional information which supports stability and ability to function as an airman can be excellent evidence to support eligibility for a FAA medical certificate with Autism.
Cases involving Autism underscore the need for legal guidance when applying for a FAA medical certificate. The Federal Aviation Regulations which relate to Autism require that the evidence you put in front of the FAA supports that you will not be a risk to aviation safety. This is a matter which requires a lawyer’s understanding of how fact (i.e., medical evidence) will be applied to law.
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