Substance abuse is a serious problem in the United States. It is estimated that 15.4% of adults had a substance use disorder in a recent year. Given these estimates, thousands of pilots are impacted by this issue.
The Federal Aviation Administration (FAA) has implemented strict guidelines for pilots with past or current substance abuse problems. These policies are required to protect the public, given the high safety and security demands of piloting an aircraft.
Pilots may face suspension of their license if they are arrested for DUI. Other pilots may have their medical applications deferred because of alleged substance abuse or dependence. If you are facing this situation, understanding your obligations and options is vital. Consulting an experienced aviation attorney is another crucial step.
Defining Substance Abuse for Pilots in the United States
It is essential to understand that the FAA defines substance abuse differently from the clinical definition used in other settings. Your physician may find that you do not have a substance abuse disorder according to the diagnostic standards used by medical professionals. However, the FAA’s definition is different.
The FAA defines substance dependence as a condition causing a person to be dependent on a substance, as evidenced by:
- An increased tolerance for the substance;
- Impaired control of use;
- Manifestation of withdrawal symptoms after stopping the use of the substance; or,
- Continued use of the substance even though the person has developed damage to their physical health or impairment of their occupational, personal, or social functioning.
Federal regulations state that substance dependence is a disqualifying condition for a pilot’s license if, within the past two years, the pilot:
- Used a substance in a physically hazardous situation, if there has been any other time the use of a substance in a situation was physically hazardous
- Refused to submit to an alcohol or drug test as required by the U.S. Department of Transportation or one of its agencies
- Received an alcohol test result with a BAC (blood alcohol concentration) of 0.04% or higher
- Received a verified positive drug test result
- Misused a substance that resulted in the person being unable to perform their duties safely or exercise the privileges of the airman certification they applied for or held
- Was unable to perform the duties and exercise the privileges for the maximum duration of the airman medical certificate they applied for or held
The definition of substance abuse is difficult to understand. It is easier to understand when it is related to real-world situations. For example, a pilot is arrested for driving under the influence and has a BAC level of 0.20%. In that instance, the FAA typically considers the pilot to have substance dependence.
Here’s another example: an airman refuses or fails a DOT-regulated drug test or refuses a breath or blood test for DUI. In that case, the FAA considers the pilot to meet the criteria for substance abuse. Documentation or evidence of the use of illicit drugs, including marijuana and THC products, within the past two years would also meet the criteria for substance abuse.
The Human Intervention Motivation Studies (HIMS) Program for Pilot Substance Abuse
Even if a pilot meets the criteria for substance abuse, they may be eligible for an FAA medical certification and receive a special issuance authorization. However, the FAA will likely require the pilot to enter the Human Intervention Motivation Studies (HIMS) program.
The HIMS program is promoted as a way for pilots to receive treatment for substance abuse so they can return to flying. A pilot can be referred to HIMS through formal intervention, DUI reports, self-referral, or referral from pilot managers.
The steps in the HIMS process include:
- An assessment of the pilot’s substance abuse
- The development of a formal treatment plan
- Engaging in an intensive treatment program
- Participation in an NA (Narcotics Anonymous) or AA (Alcoholics Anonymous) program
- A flight physical examination
- Psychiatric and neuropsychological evaluations
- Ongoing substance abuse monitoring
The HIMS program can be helpful for some pilots. However, the path to receiving their medical certificate can be costly and time-intensive. The pilot may encounter numerous delays going through the program. Furthermore, the HIMS step-down plan could require a pilot to be monitored for substance abuse for years.
A problem many pilots encounter is that they meet the FAA criteria for the HIMS program, but they might not belong in the program. However, they are forced into the program if they want to keep or obtain their medical certification.
As discussed above, the FAA’s criteria for substance abuse and substance dependence differ from the clinical definitions for these conditions. Therefore, a pilot could be healthy but deemed substance dependent under the FAA criteria. The FAA can require a pilot to enter the HIMS program once they meet the regulatory criteria for substance dependence.
Does a Pilot Need Legal Representation if They Are Being Labeled Substance Dependent By the FAA?
Suppose a pilot is denied FAA medical certification or they have been labeled as having a substance abuse problem by the FAA. In that case, they should involve an aviation attorney immediately.
If you are labeled as substance dependent, everything submitted to the FAA becomes part of your airman medical file. The file may include evaluations, statements, DUI information, test results, and other records. The FAA uses your airman medical file to evaluate whether you qualify for a medical certificate, even though you may have been denied because of substance abuse.
An important fact to understand is that the NTSB or a Federal Air Surgeon uses your airman medical file if you decide to appeal a denial of your medical certification. Therefore, it is crucial that you have a strategy for presenting records and information to the AME or the FAA.
An aviation lawyer can help you submit the strongest medical documentation possible, knowing that you may need to rely on that information if you must file an appeal for a denial of your medical certificate.
Get Help From an Aviation Attorney If You’ve Been Labeled Substance Dependent
Understanding FAA regulations for substance abuse can be challenging. Furthermore, pilots may find themselves caught up in a system and substance abuse program where they do not belong. Having sound legal advice from an experienced FAA attorney is invaluable. Before taking any further steps, contact an aviation lawyer for advice.