Fit to Fly?

[Pilot-Wannabe]

I'm writing a paper for one of my University Courses and my topic is on Germanwings Flight 9525 - and that the copilot had seen doctors and been diagnosed with depression, anxiety and insomnia and was on medication for them.  Some of the doctors felt he was unfit to fly but privacy laws prevented them from sharing this with Luftansa.

So my question is - if a Medical Officer felt a Canadian Forces Pilot was unfit to fly for physical or mental reasons (or any reason I suppose) would their flight ready status be removed until such time as they were cleared by a physician to fly?

Im coming at this from the angle of if a Military pilot would have their flight status removed why shouldn't a civilian one (over a persons right to privacy) lives are in their hands (as is the aircraft itself which could be employed as a weapon) and the safety of the public and the people on the aircraft trump the right to medical privacy.

Appreciate any help that can be provided.

 

[Eye In The Sky]

Any aircrew member can be grounded for numerous reasons.  Without out the benefit of our flying orders in front of me:

- by regulations.  Example after donating blood, following inoculations.

- by medical authority for medical reasons.

- by their chain of command.

- self grounding by themselves if they feel unfit for flying duties.

If the grounding is by medical authority, their chain of command or self grounding, they must see or talk to a flight surgeon and only a  flight surgeon can restore them to flight status.

If the grounding is by regulation, example following blood donation, their flight status is reinstated automatically after the required amount of time as laid out in our orders.  If they don't feel fit to fly after the mandatory time grounded has passed, you report to a flight surgeon. 

That is the basics going from memory, if I am off my rockers someone will correct me.  :nod:

 

[Blackadder1916]

I'm writing a paper for one of my University Courses and my topic is on Germanwings Flight 9525 - and that the copilot had seen doctors and been diagnosed with depression, anxiety and insomnia and was on medication for them.  Some of the doctors felt he was unfit to fly but privacy laws prevented them from sharing this with Luftansa.

So my question is - if a Medical Officer felt a Canadian Forces Pilot was unfit to fly for physical or mental reasons (or any reason I suppose) would their flight ready status be removed until such time as they were cleared by a physician to fly?

Im coming at this from the angle of if a Military pilot would have their flight status removed why shouldn't a civilian one (over a persons right to privacy) lives are in their hands (as is the aircraft itself which could be employed as a weapon) and the safety of the public and the people on the aircraft trump the right to medical privacy.

Appreciate any help that can be provided.

I can't speak to any laws or regulations concerning German aviation medical information.  They may be available on-line but will probably be in German and my head hurts if I spend too much time trying to read Deutsch.  While there is very clear laws, regulations and guidelines concerning health information privacy in Canada (separate legislation for each province since it is a provincial jurisdiction), you will probably find in each jurisdiction something similar to these guidelines from the CPSO re mandatory disclosure.

Required Disclosure

Physicians may be required by law, in a variety of circumstances, to disclose personal health information without the consent of the patient.

Mandatory Reports

Certain statutes have reporting provisions that may require the physician to provide information about a patient. Examples of legislation requiring mandatory reports include the Regulated Health Professions Act, 1991; the Highway Traffic Act; the Child and Family Services Act; the Health Protection and Promotion Act; the Aeronautics Act; the Coroners Act and the Health Professions Procedural Code (See College policy on Mandatory Reporting).

The Canadian Aeronautics Act contains this part http://laws-lois.justice.gc.ca/eng/acts/A-2/page-20.html#h-25

Medical and Optometric Information

Minister to be provided with information

6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

Patient to advise

(2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

Use by Minister

(3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

No proceedings shall lie

(4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

Information privileged

(5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

Deemed consent

(6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

R.S., 1985, c. 33 (1st Supp.), s. 1.

Most provincial highway traffic acts generally impose a similar duty on physicians to report to proper authorities if an individual's medical condition makes him unsafe to drive.