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RS 748.222.5 Order of the DETEC of 18 December 1975 on the Civil Aviation Medical Service (OMA)

Original Language Title: RS 748.222.5 Ordonnance du DETEC du 18 décembre 1975 sur le service médical de l’aviation civile (OMA)

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748.222.5

DETEC's Order on the Civil Aviation Medical Service

(OMA) 1

18 December 1975 (State on 15 May 2012)

The Federal Department of Environment, Transport, Energy and Communication (DETEC),

See art. 25 of the Order of 14 November 1973 on Aviation (OSAv) 2 , 3

Stops:

1 Task and scope 4

Art. 1

The Civil Aviation Medical Service (medical service) is responsible for all medical matters in the field of civil aviation. In particular, it shall examine periodically, as such a review is prescribed, the physical and mental fitness of persons who exercise or wish to exercise, in civil aviation, an activity subject to authorization.

Art. 1 A 1

This order shall apply to the certification and the rights and obligations of aeromedical centres (aeronautical medical centres) and aeromedical examiners (medical advice) to the extent that Regulation (EU) No O 2011-2011 2 Is not applicable.


1 Introduced by ch. 5 of the Annex to the O of the DETEC of 27 April 2012 on Aviation Aircrew Licences in accordance with the Regulation (EU) n O 1178/2011, in force since 15 May 2012 ( RO 2012 2397 ).
2 R (EU) n O 1178/2011 of the Commission of 3 Nov 2011 determining the technical requirements and administrative procedures applicable to civil aviation flight personnel in accordance with R (EC) n O 216/2008 of the European Parliament and of the Council in its version which binds Switzerland under c. 3 of the Annex to the Agreement of 21 June 1999 between Switzerland and the EC on air transport (RS 0.748.127.192.68 ).

2 Organization

21 In general

Art. 2 1

1 The medical service consists of:

A.
The Aviation Medicine Section (AMS: Aeromedical Section);
B.
Aviation Medical Centre (AMC: Aeromedical Center);
C.
Medical advisors;
D.
Medical experts.

2 Administratively, the medical service is subordinate to the Federal Office for Civil Aviation (OFAC), which enacts the necessary instructions. 2

3 The Chief Medical Officer is appointed by the OFAC 3 .

4 The Federal Office of Civil Aviation appoints the replacement of the chief medical officer, medical consultants and medical experts. The duration of their duties is three years.

5 On the proposal of AMS, it refers to the CMA.


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
2 New content according to the c. I 7 of the O du DETEC of 4 March 2011, in force since 1 Er April 2011 ( RO 2011 1155 ).
3 New expression according to c. I 7 of the O du DETEC of 4 March 2011, in force since 1 Er April 2011 ( RO 2011 1155 ). This mod has been taken into account. Throughout the text.

22 5 Aviation Medicine Section (AMS)

Art. 3

1 AMS shall be headed by the Surgeon General or his/her replacement, within the limits of their professional duties.

2 The Chief Medical Officer or his/her replacement is assisted by a secretariat.

3 In particular, AMS has the following tasks:

A.
Establish, on the basis of the standards and recommendations of international organisations (ICAO, JAA, EASA, Eurocontrol), instructions and guidelines for the examinations to be carried out by medical advisors;
B.
Provide initial and complementary training and advice to medical advisors;
C.
Review the minutes of review;
D.
Dealing with appeals.

4 The Surgeon General and his/her replacement must at least meet the professional requirements of the Medical Officers of Category A. They may also perform the duties of a Medical Officer. The OFAC rules the details in terms of reference.

5 When special examinations are required, the Surgeon General may use medical experts.

6 Medical experts must be aware of the requirements laid down in the field of civil aviation, be informed of the progress of aviation medicine and take part in the supplementary training courses which concern them.

23 Aeronautical Medical Centre (AMC) 6

Art. 4 1

1 The function of AMC is exercised by the Air Force Institute of Aeronautical Medicine. The OFAC may assign the function of MAC to other organizations, subject to their agreement.

2 The CMA has the following tasks:

A.
Conduct the first proficiency examination of candidates for the professional pilot licence and any Air Navigation Services (ANS) licence;
B.
Conduct proficiency examinations of all other categories of pilots and air navigation service personnel (ANS);
C.
Provide advice on specific cases submitted by the AMS;
D.
Accomplishing, after agreement with AMS, any other specific aeronautical medicine tasks that have been agreed upon.

1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Articles 5 and 6 1

1 Repealed by c. I of the O of the FECT of 1 Er Nov 1988, with effect from 1 Er Jan 1989 (RO) 1988 1928).

24 Medical Advice

Art. 7 1 Categories

The Surgeon General incorporates medical advice into one of the following categories:

Category A

With unlimited authorisation to carry out aptitude tests, apart from the first proficiency examination of candidates for the professional pilot licence and any licence of the personnel of air navigation services (ANS);

Category B

With permission to conduct examinations for private pilots, professional pilots with a limited licence, glider pilots, balloon pilots and air navigation service personnel (ANS), with the exception of Air traffic controllers.


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 8 1 Appointment

1 Physicians holding a federal degree with FMH for general or internal medicine may be appointed as medical consultants:

A.
Have the necessary medical experience and are aware of the requirements in the field of civil aviation;
B.
Have their own office;
C.
They have adequate equipment to carry out examinations in accordance with the instructions and instructions of the Medical Officer;
D. 2
They practice in a region in which the appointment of a medical adviser meets a need, and
E. 3
They have successfully completed an aeronautical medicine course recognized by AMS or equivalent level aviation medicine training.

2 ... 4

3 During the first two years, the medical advisors are included in category B. After this period, they are included in category A, provided they have taken a complementary training course organised or recognised by the OFAC.


1 New content according to the c. I of the O of the FECT of 1 Er Nov 1988, effective from 1 Er Jan 1989 (RO) 1988 1928).
2 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
3 Introduced by c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
4 Repealed by c. I of the O of the DETEC of 16 March 2007, with effect from 15 April 2007 ( RO 2007 1161 ).

Art. Procedure

1 A candidate for the Medical Officer function must submit an application to the OFAC containing information on his or her training, medical activities and aviation relations.

2 The OFAC may take further information on the candidate.

Art. 10 Development

Medical consultants must keep abreast of the advances in aviation medicine, follow the directions and directions of the Surgeon General and the OFAC, and participate in the conferences and courses to which the OFAC conveners.

Art. 11 End of the medical consulting activity

OFAC radiates a physician from the list of medical consultants:

A.
He or she is discharged from office;
B.
If, at the end of the administrative period, he is not confirmed in his duties;
C.
Whether OFAC is responsible for its functions;
D. 1
At the end of the year in which he reached the age of 70; if necessary, AMS may exceptionally raise this age limit.

1 Introduced by c. I of the O of the FECT of 1 Er Nov 1988 (RO 1988 1928). New content according to the c. I of the O of the DETEC of March 16, 2007, effective April 15, 2007 (RO 2007 1161).

3 Medical Examination

Art. 12 In general

1 Medical consultants conduct examinations in accordance with the instructions and instructions of the AMS. They use formal forms of review and an appropriate electronic program. 1

2 The results of the examinations shall be transmitted to the AMS in accordance with Art. 18. 2

3 The medical secret shall be guaranteed; the chief medical officer shall issue the instructions necessary for that purpose.

4 When special examinations are required to determine suitability, the Medical Officer will clarify the case by a specialist physician. However, the Medical Officer only responds to the final decision.


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
2 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 13 Recusal

1 If, in the course of another activity, a medical officer is aware of a person to be examined, he or she may discharge his or her mandate only if he or she has no preconceived opinion with respect to that person.

2 In addition, art. 10 of the Federal Act of 20 December 1968 on administrative procedure 1 (Administrative procedure law) shall apply mutatis mutandis.


Art. 14 Obligation to inform

1 The person who is being examined by a medical officer must state in writing, at the time of the examination, whether he has already been examined by another medical officer at the same end and what the outcome of that examination was.

2 If it appears that this declaration or any other indication of the state of health is false or that essential facts have been concealed, the OFAC may, subject to criminal proceedings, in particular pursuant to s. 21 A , refuse or revoke the license. 1

3 Unless there is a valid reason, it is the same medical adviser who carries out periodic review examinations. 2


1 New content according to the c. I 7 of the O du DETEC of 4 March 2011, in force since 1 Er April 2011 ( RO 2011 1155 ).
2 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 15 Certificates

1 The doctor gives the examined person a certificate written on an official form that they personally sign; the certificate certifies the aptitude or the incapacity.

2 When the Medical Officer certifies the incapacity, it shall transmit without delay the official formula corresponding to the AMS by electronic means. 1

3 In so far as his medical qualifications permit, the Medical Officer may attach restrictive conditions to the declaration of fitness (p. Ex. Wear glasses) or limit the validity of the certificate. 2


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
2 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 16 1 Discovering foreign certificates

The OFAC may, on the part of candidates living abroad, accept certificates issued by qualified doctors in the country in question to carry out examinations as medical advisors, provided that such examinations are in accordance with the International standards.


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 17 1 Honoraria

1 The fees for medical examinations and special examinations ordered by the Medical Adviser shall be calculated in general according to the rates agreed in accordance with the Federal Act of 20 March 1981 on accident insurance 2 (Tarmed tariff system). 3

2 The fees for the examinations of aeronautical medicine, for special examinations which may be necessary, and for the additional examinations required in the course of an appeal procedure shall, unless otherwise provided, be borne by The person who underwent the examinations.


1 New content according to the c. I of the O of the FECT of 1 Er Nov 1988, effective from 1 Er Jan 1989 (RO) 1988 1928).
2 RS 832.20
3 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

Art. 18 1 Retention and transmission of documents

1 Medical counsel must keep the minutes of examination and other possible documents in accordance with the instructions of the Chief Medical Officer, to whom they submit them when they cease to be a medical consultant.

2 Minutes of examination shall be transmitted to AMS electronically immediately after the end of each examination by means of the programme designed to ensure the maintenance of the medical confidentiality at each stage of the transmission, in view In particular to avoid unauthorized access.

3 Exceptionally, in particular in the case of technical problems of transmission, the delivery of documents may be by post.


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).

4 Appeal procedure

Art. 19 In general

1 The person under review may, within 30 days, appeal to the chief medical officer against the decision of a medical officer; the appeal must contain the conclusions and reasons given.

2 When the decision has been taken by the Surgeon General or his replacement in his capacity as Medical Officer, the OFAC will charge an independent expert to deal with the appeal.

Art. Decision

1 The chief medical officer shall review the facts and may seek clarification and request the opinion of the expert; he shall take the final decision on medical fitness and communicate it to the person using it. 1

2 In view of the assessment of the case by the Chief Medical Officer, the OFAC shall decide whether to grant, renew or withdraw a licence.

3 The right of appeal within the meaning of the Administrative Procedure Act 2 Is reserved.


1 New content according to the c. I of the O of the FECT of 1 Er Nov 1988, effective from 1 Er Jan 1989 (RO) 1988 1928).
2 RS 172.021

Art. Fees

The provisions of Art. 63, 64 and 65 of the Administrative Procedure Act 1 Apply by analogy to the appeal procedure.


4 A 7 Criminal provision

Art. A

Any person who provides, in the performance of his or her obligations under s. 14, para. 1, information contrary to the truth shall be punished in accordance with art. 91, para. 1, let. I, of the Federal Aviation Act of 21 December 1948 1 .


5 Final provisions

Art. Transitional Provision

Pilots whose professional pilot licence was issued prior to 1 Er March 1976 may continue to be examined by their current medical officer, even if the latter does not belong to category A (art. 7).

Art. Repeal of previous provisions

The following shall be repealed upon the entry into force of this Order:

A.
The regulation of 10 February 1966 1 Concerning the civil aviation medical service;
B.
Art. Al. 3, 4, 5 and 6 of the Regulation of 2 December 1960 2 Concerning the licences of personnel in the air navigation infrastructure.

1 Not published to OR.
2 [RO 1960 1560, 1983 285 art. 42. RO 1985 1548 art. 57 hp. 1]

Art. 24 Entry into force

This order shall enter into force on 1 Er February 1976.



RO 1976 79


1 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
2 RS 748.01
3 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
4 New content according to the c. 4 of the Annex to the O of the DETEC of 27 April 2012 on Aviation Aircrew Licences in accordance with the Regulation (EU) n O 1178/2011, in force since 15 May 2012 ( RO 2012 2397 ).
5 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
6 New content according to the c. I of the O du DETEC of March 16, 2007, effective April 15, 2007 ( RO 2007 1161 ).
7 Introduced by ch. I 7 of the O du DETEC of 4 March 2011, in force since 1 Er April 2011 ( RO 2011 1155 ).


Status on May 15, 2012