The Federal Aviation Administration (FAA) has issued a new position allowing for the completion of the "BasicMed Comprehensive Medical Examination" by "state-licensed physicians".
On July 15, 2016, Congress passed legislation to extend the FAA's funding. This legislation, FAA Extension, Safety, Security Act of 2016 (FESSA) includes relief from holding an FAA medical certificate for certain pilots. This relieve is called BasicMed, and allows certain pilots to qualify for fitness under the BasicMed examination by a "state-licensed physician" in lieu of a third class flight physical by an Aviation Medical Examiner (AME).
The FAA has further determined that the regulatory agencies may determine if the physicians regulated by their board are qualified under scope to provide the BasicMed Comprehensive Medical Examination.
On November, 2017; the Minnesota Board of Chiropractic Examiners determined that chiropractors in Minnesota are qualified to provide the BasicMed Comprehensive Medical Examination. This position established and supported in multiple past legal opinions, [see Board website under Current Issues: Authority of Chiropractors to Perform Certain Physical Exams".] Any chiropractors performing the BasicMed Comprehensive Medical Examination must contact the FAA to obtain the forms and requirements prior to engaging in this service. More information is available on the Nationwide Network of DOT Medical Examiners.
Whether a chiropractor can utilize Mobile MRI services is not at issue. The legality lies in whether ordering services involves any financial considerations that may influence your use of the service. Things to consider before treading into dangerous territory:
These are the more common issues seen by the Board. You are strongly advised to seek legal counsel in any situation in which you may be considering such an option. SPECIAL NOTE: It has come to the attention of the Board that some doctors are being shown Board letters in which cases have been dismissed. DO NOT BE MISLED INTO BELIEVING IN ANY WAY, that this represents a policy or stance of the Board. Any such letter is very specific to an individual recipient, while other similar cases did result in Board Action. Each case will be considered on its own merits and evidence.
As of August 1, 2008, it is illegal and grounds for revocation to make any direct contact “in person, by phone, or by other electronic means, with any person who has suffered an injury arising out of the maintenance or use of an automobile, for the purpose of influencing that person to receive treatment or to purchase any good or item from the licensee or anyone associated with the licenses...” This includes contact by the licensee or any third party operating on behalf of the licensee.
In addition, solicitation by U.S. mail must also meet specific criteria and include specific information and disclosures. Doctors of chiropractic are required to be aware of the conditions of this statute, and comply accordingly. M.S. 65B.54, subd 6