Anti-Depressant Amnesty – Tomorrow
Yesterday, we looked at some of the immediate concerns regarding taking advantage of the FAA’s amnesty offer for pilots who have been diagnosed with one of three kinds of depression and who are taking one of the four approved medications. So now, that we’ve discussed a few of the immediate concerns, our focus shifts to long-term ramifications.
Ongoing issues
Several sources in administrative positions told me that a pilot’s confession of previous non-disclosure calls into question the ethics of the pilot. For a pilot to claim amnesty under this policy change, he must have been successfully treated with the medication for at least 12 months. This means that a pilot holding a first class medical has lied at least one time, likely more, in filling out paperwork with his Aviation Medical Examiner. The pilot has perjured himself on a federal document, which is a federal offense. It’s not unreasonable, then, for a supervisor to wonder, “If you’ve hidden this, what else are you hiding?” “Will you be objective enough to remove yourself from flight status if you are unsafe to fly?”
This kind of ethics question can undermine a pilot’s relationship with their current employer, no doubt, particularly if the relationship falls into the category of Less Than Warm and Fuzzy to begin with. In a perfect world, it wouldn’t be an issue - the pilot’s denial of depression and treatment would be an event independent of any others. But, we don’t live in that world. We live in this one with all of our own human frailties, biases and prejudices as well as those of the people we work with and for. And, even if a pilot’s current employer is enlightened enough to see depression as a condition to be treated rather than something to be feared or stigmatized, what about the next one? Aviation is a notoriously fluid industry with companies starting up, failing and changing with a regularity that would alarm people in many other fields. If a pilot has a diagnosis of major depressive disorder and takes Celexa daily for the rest of his life, what if he is passed over for a new position or for a promotion based on that medical waiver? The pilot is not legally required to reveal the nature of his special waiver, but, in many circumstances, he may feel socially compelled to. If that admission in itself is used to justify termination or stagnation, at the moment, it does not appear that the pilot has any recourse. However, as I’ve said, HR rules are changing quickly and constantly; so, that issue may be addressed shortly either proactively or as the result of litigation.
Just as the private sector is filled with imperfect beings; so, is the FAA. People lose files; they go on vacation; they shuffle the priorities of their work days. Sometimes, in that process, a pilot’s file goes missing or it ends up at the bottom of the stack. To the FAA agent in Oklahoma City, it’s a file folder. To the pilot, it’s how he pays his mortgage and feeds his children. To the one person, it’s all in a day’s work. To the other, it’s the sharpest focal point of his life. Most of us who have worked closely with pilots in an operational setting have either known personally or known of a pilot who has had a special waiver of some kind. We’ve seen their process of dealing with it ranging from being a regular struggle to being a constant nightmare. It’s no wonder the pilots are expressing concern and even some distrust of the FAA. These pilots are under the care of their own physicians for this diagnosis and treatment regimen. Many of them see the FAA’s actions as redundant, intrusive, or even a threat to their livelihoods.
While disclosure may appear to be a threat to a pilot’s livelihood, there are consequences to be considered if that path is to be followed. The FAA’s Regional Flight Surgeon’s office pointed out that if a pilot chooses the path of non-disclosure and he is involved in an accident or an incident, toxicology tests will reveal the presence of anti-depressants. Regardless of the cause of the event, his non-disclosure leaves him especially vulnerable to criminal actions by the FAA and to civil actions by passengers or even the company he works for. If the accident is fatal, his family may not receive appropriate insurance or death benefits and his estate could be targeted in civil actions due to his perjury. So, the pilot has protected his career in the short-term, but left his family in a real mess.
On the one hand, you have a person who feels like he must lie to protect his job, his reputation and his status. On the other hand, you have a government agency with the right and the responsibility of oversight. At this early stage of this new special waiver, we’re seeing huge amounts of wariness on the one side and an inability to offer concrete assurances on the other. Until those two sides can get closer together, I’m not sure how successful the program will be in getting pilots to open up about their conditions, furthering one of the stated goals of the policy which is to remove the stigma from depression.
So far, we’ve considered the immediate effects of claiming amnesty and some of the longer term ramifications. Tomorrow, we will conclude this series by looking at the issue as a whole.
As always, we welcome your questions, concerns and comments, whether identified or anonymous.
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8 Responses
to “Anti-Depressant Amnesty – Tomorrow”
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- May 8, 2010: Anti-Depressant Amnesty – Today | Plane Conversations
- May 8, 2010: Prozac Pilot
- May 9, 2010: Anti-Depressant Amnesty – In the Larger Scheme of Things | Plane Conversations
- Jul 27, 2011: islipsky bluelimo
I like the thought and research that has gone into this article. All of the discussion points mentioned are areas of concern my wife and I talked about when making our decision. I knew that if I were to take medications and continue to fly that I opened my family to huge liabilities should anything happen.
The mention that an employer would no longer trust a person if he or she has been on medications and not disclosed is an excellent point. I had not actually thought of that before. My main concern was that if I did not ground myself when I went on medications was that I would be seen as dishonest by my wife. It is her opinion that means more to me than life itself. She looks at me as a man of integrity. If I were to go on medications and lie about that fact on an FAA medical form she would then see me as a dishonest person.
There is another aspect of this issue I have not seen mentioned. A pilot who suffers from depression and is not receiving treatment and decides to disclose to seek the treatment he or she needs will be grounded a minimum of one year. However, their is no guarantee that at the end of the year that this person will even qualify for a medical certificate. One reason for not qualifying would be the possibility of being placed on a medication that is not approved. Also, there are some people who may need to be on more than one type of medication. One could then argue that this person simply insist on being on only one of the four approved medications. It just does not work that way. If a person is not on the proper medication the side effects can intensify. There is a chance that none of the four approved meds will even be the correct type of medication for a person. There is always that chance.
I just listed a few points that could permanently ground a pilot though this new program. Why then would someone want to even disclose and take a chance on not returning to what he or she loves to do? I believe that if someone really loves flying that should be reason enough to step forward and tell the truth. Being grounded has been extremely difficult for me. However, it was the right thing to do. The news of the FAA changing its policy has brought one thing forward to the attention of the public. That is the fact that pilots have been using medications that were not approved by the FAA and lied about it. Now the trust of the profession is being questioned.
Yes, a person needs to pay the bills. However, even in this economy there are other jobs to be found. There will be a period of transition with the possibility of no income. It is during that time that a person simply needs to swallow his or her pride and depend on the help of family and other resources.
I guess the main point I am trying to say is that honesty should be one of the main focal points in making this decision for anyone. If a person is honest and lives his or her life as a person of integrity then only positive things can happen. After-all, who wants to be associated with dishonesty?
I will close with some food for thought. Once a pilot always a pilot even if that pilot is no longer able to fly for due to the loss of a medical certificate. Therefore, there is but one question to ask. Do you want to be a pilot who is dishonest and your own family cannot trust you or do you want to be a pilot with integrity?
Keep an eye on the sky!
Collin Hughes
The Prozac Pilot
Again, Collin, thanks for your remarks…you keep getting ahead of me, though! Two of the issues you raised here are discussed in tomorrow’s wrap-up post. This whole issue of disclosure is far thornier than I ever imagined. When I first approached the subject, it was from a treatement vs. non-treatment perspective. Now, I see that the issue is more likely to be one of disclosure vs. non-disclosure. In an interview promoting her latest book, “Within Our Reach: Ending the Mental Health Crisis,” former First Lady Rosalyn Carter defines her largest frustration as it pertains to depression as, “The one thing that holds progress back more than anything else is the stigma.” That will take longer than we have here to change, but pilot treatment and disclosure cannot wait for it.
OOPS, I did not mean to get ahead of you. I hope you will accept my apology. I appreciate the time you have put into the research to write this article. I find your words to be thoughtful and well organized. I enjoy your writing style as well. I am not by any means an accomplished writer, but I can tell when someone is just slapping words together and when a person truly has a talent.
Yesterday was the first time I had read your blog. I discovered it when someone posted a link to it on Twitter. I look forward to the next part of your series on this topic.
Once again, thank you for your time and effort you have put in to write about this important issue.
Collin Hughes
No worries! Actually, since I am not a pilot having wrestled with this issue, I am glad to know that the articles are relevant. I look forward to your input on future articles, as well!