(a) The purpose of this regulation is to ensure that pilots and pilot trainees are mentally and physically fit to perform their duties. To achieve this purpose, persons subject to a fitness evaluation must disclose all information relevant to their fitness to perform their duties. In addition, personal health care professionals, Board-appointed physicians, and other health care professionals must be free to share with one another all information relevant to a fitness evaluation. This regulation provides for the full disclosure and sharing of information that is essential to an effective program for the evaluation of fitness for duty.(b) Health information of persons subject to a fitness evaluation will be shared among Board-appointed physicians, personal health care professionals, other health care professionals, and, when necessary to Board processes set forth in the Board's regulations, with members of the Board, the Executive Director, and Board counsel. These Board processes include reported absences from duty for medical reasons, appeals of fitness determinations, review of disability pension applications, and consideration of actions under Sections 1180 through 1183 of the Code.(c) When, to complete a fitness evaluation, a Board-appointed physician needs health information regarding the person being evaluated from that person or from another health care professional, including medical records, examination results, results of diagnostic and laboratory tests, and consultations, it is the responsibility of the person being evaluated to provide, or arrange for provision of, the needed information to the Board-appointed physician. Absent provision of such information, the person being evaluated will be determined not fit for duty.(d) The fitness evaluations required by this article are solely to evaluate the fitness of persons to perform the duties of pilots or pilot trainees. The Board-appointed physicians who conduct these evaluations do not provide medical care or treatment to the persons evaluated.Cal. Code Regs. Tit. 7, § 217
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For history of former section, see Registers 59, No. 11 and 57, No. 6.
2. Renumbering of former section 217 to section 219 and renumbering and amendment of former section 214 to section 217 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. Amendment of subsections (a)(1), (d) and (e)(7) filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
4. Repealer and new subsections (b)(1)-(2) and amendment of subsections (c)(1) and (e)(5) and NOTE filed 3-14-2011; operative 4-13-2011 (Register 2011, No. 11).
5. Repealer and new section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
6. Amendment filed 7-29-2021; operative 10-1-2021 (Register 2021, No. 31). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101, 1141, 1157, 1157.1, 1157.2, 1157.3, 1157.4, 1171, 1171.5, 1176, 1176.5, 1180, 1181, 1182 and 1183, Harbors and Navigation Code.
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For history of former section, see Registers 59, No. 11 and 57, No. 6.
2. Renumbering of former section 217 to section 219 and renumbering and amendment of former section 214 to section 217 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. Amendment of subsections (a)(1), (d) and (e)(7) filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
4. Repealer and new subsections (b)(1)-(2) and amendment of subsections (c)(1) and (e)(5) and Note filed 3-14-2011; operative 4-13-2011 (Register 2011, No. 11).
5. Repealer and new section filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
6. Amendment filed 7-29-2021; operative 10/1/2021 (Register 2021, No. 31). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.