Rs 748.222.5 Ordinance Of The Detec Of 18 December 1975 On The Medical Department Of Civil Aviation (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 order of the DETEC on the medical Department of civil aviation (OMA) on 18 December 1975 (State on May 15, 2012) the federal Department of the environment, transport, energy and communications (DETEC), view of the art. 25 of the order of 14 November 1973 on aviation (Fsvo), stop: 1 task and scope of application article 1. the medical Department of civil aviation (medical service) is responsible for all of the medical issues that arise in the field of civil aviation. He is responsible in particular to review periodically, as such an examination is prescribed, the medical fitness of people who have or wish to exercise in civil aviation, an activity subject to authorization.

Art. 1 to this order applies to certification and the rights and obligations of (aeronautical medical centres) aeromedical centres and examiners aeromedical (doctors advice) insofar as the Regulation (EU) n 1178/2011 is not applicable.

Introduced by section 5 of the annex to the O of the DETEC of 27 April 2012 on aviation personnel licenses comply with the Regulation (EU) n1178/2011, in force since 15 may 2012 (RO 2012 2397).
R (EU) n 2011-1178 the Commission 3 nov. 2011 determining technical requirements and administrative procedures applicable to personnel of civil aviation in accordance with the R (EC) n 216/2008 of the European Parliament and the Council in its version that binds the Switzerland under point 3 of the annex to the ac. of 21 June 1999 between the Switzerland and the EC on air transport (RS 0.748.127.192.68).

2 Organization 21 in general art. 2. the medical service consists: a. aeromedical section (AMS: Aeromedical Section); b. aerospace medical center (AMC: Aeromedical Center); c. consulting doctors; d. medical experts.

Administratively, the medical service is subject to the federal Office of civil aviation (FOCA), which enacts the necessary instructions.
The Chief is appointed by the Foca.
The federal Office of civil aviation appoints the replacement of the Chief, medical consultants and medical experts. The term of office is three years.
On the proposal of the AMS, he refers to CMA.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
New content by clause I 7 of O of the DETEC on March 4, 2011, in effect since April 1, 2011 (RO 2011 1155).
New expression by clause I 7 of O of the DETEC on March 4, 2011, in effect since April 1, 2011 (RO 2011 1155). This mod has been taken throughout the text.

22Section of aviation medicine (AMS) art. 3. the AMS is led by Chief medical officer or designate, within the limits of their professional responsibilities.
The Chief medical officer or designate is assisted by a secretariat.
The AMS has including the following: a. issue, based on the standards and recommendations of organizations (ICAO, JAA, EASA, Eurocontrol), instructions and guidelines for examinations to conduct medical consultants; b. ensure initial and further training of medical advisors and Advisor these last; c. check the minutes of review; d. dealing with remedies.

The Chief Medical Officer and his Deputy must at least meet the professional requirements for medical consultants of category A. They can also serve as medical consultant. OFAC rule details in the specifications.
When special examinations are necessary, the surgeon may appeal to medical experts.
Medical experts should be aware of the requirements in the field of civil aviation, keep themselves informed of the progress of aviation medicine and attend additional training courses concerning them.

23 aerospace medical Centre (AMC) art. 4. the AMC function is exercised by the Institute of aviation medicine of the air force. The FOCA can assign the function of AMC to other organizations, subject to their agreement.
The AMC has the following tasks: a. conduct the first review of suitability of candidates to the professional pilot license and any license of the navigation services personnel air (years); b. conduct the examinations of other categories of pilots and staff of the navigation services air (years); c. give advice on individual cases submitted by the AMS; d. accomplish , after agreement with the AMS, any other specific task of aviation medicine, which has been agreed.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 5 and 6 repealed by section I of O of the what Nov. 1. 1988, with effect from Jan 1. 1989 (1988 1928 RO).

24 physicians-tips art. 7categories the Chief incorporates medical consultants in one of the following categories: category A with unlimited license to conduct examinations of aptitude, apart from the first examination of suitability of candidates to the professional pilot license and any license of the navigation services personnel air (years);

Category B with permission to carry out examinations of aptitude for private pilots, professional pilots of a restricted license, glider pilots, pilots of balloons and personal navigation services air (years), with the exception of air traffic controllers.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 8appointment hold a federal diploma with WFH for General or internal medicine doctors may be appointed medical consultants to: a. have the necessary medical experience and they are aware of the requirements in the field of civil aviation; b. it own their own practice; c. that they have adequate equipment to conduct examinations in accordance with the instructions and directives of the Chief Medical Officer; d. they practice in an area in which the appointment of a medical consultant meets a need, summer. that they have successfully completed a course in aviation medicine recognized by the AMS or training in aviation medicine for equivalent level.

...
During the first two years, the medical advisors are incorporated into category B. past this deadline, they are incorporated in category A, provided they followed a training course organized or recognized by the Foca.

New content according to section I of the O of the Nov. 1 what. 1988, in force since Jan. 1. 1989 (1988 1928 RO).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
Introduced by chapter I of the O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
Repealed by no I of O of the DETEC on March 16, 2007, with effect from April 15, 2007 (RO 2007 1161).

Art. 9 procedure the candidate to the function of consultant physician must apply to OFAC containing guidance on his training, his medical activities and its relationship with the air force.
The FOCA can take more information on the candidate.

Art. 10 development boards doctors must keep abreast of advances in aviation medicine, follow the instructions and directives of the Chief and OFAC, and participate in the conferences and courses that OFAC calls them.

Art. 11 end of the activity of medical consultant the OFAC raye a doctor of medical consultants list: a. If he dismisses's duties; (b) If, at the end of the term of office, he is not confirmed in his functions; c. If OFAC notes duties; d. at the end of the year during which he reaches the age of 70 years; If necessary, the AMS may exceptionally raise this age limit.

Introduced by section I of O of the Nov. 1 what. 1988 (1988 1928 RO). New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

3 review medical art. 12. in general medical consultants conduct examinations in accordance with the instructions and directives of the AMS. They use official forms of review and an appropriate electronic program.
The results of the examinations are sent to AMS in accordance with art. 18. medical secrecy is guaranteed; the Chief shall issue instructions to that effect.
When special examinations are required to determine the suitability, the medical officer did clarify the cases by a specialized doctor. However, the medical consultant responds only to the final decision.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 13 disqualification if, in the exercise of any other activity, a medical consultant knows a person to examine, it cannot fulfil its mandate if it has no preconceived views on this person.
In addition, art. 10 of the Federal Act of 20 December 1968 on administrative procedure (law on administrative procedure) shall apply by analogy.

RS 172.021 art. 14 obligation to inform


Who is examined by a medical officer must declare in writing, during the review, if it has already been discussed at the same end by another doctor-Board and what was the outcome of this review.
If it appears that this statement or any other indication on the State of health is false or that essential facts were hidden, OFAC may, subject to criminal proceedings, in particular in application of art. 21 has, refuse or withdraw the license.
Except for good reason, it's the same medical consultant who conducts periodic control reviews.

New content by clause I 7 of O of the DETEC on March 4, 2011, in effect since April 1, 2011 (RO 2011 1155).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 15 certificates boards doctors certificate to the person examined in official form they sign personally; the certificate attests the ability or inability.
Where the medical officer certifies the incapacity, it transmits the corresponding official form to AMS by electronic means without delay.
As far as authorized by his medical skills, medical consultant can match the declaration of suitability of restrictive conditions (e.g. wearing glasses) or limit the period of validity of the certificate.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 16Reconnaissance of foreign certificates the FOCA can accept, on the part of candidates living abroad, certificates established by doctors qualified in the countries in question to conduct examinations in quality of medical consultants, on the condition that these reviews are consistent with international standards.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 17Honoraires fees for examinations for aviation medicine as well as for special examinations ordered by the medical consultant are calculated in general according to the rates agreed in accordance with the Federal Act of 20 March 1981 on accident insurance (Tarmed tariff system).
Fees for reviews of aviation medicine, for special examinations that may be required as well as for the additional tests required in the context of an appeal procedure are, unless otherwise provided, the dependants of the person who has passed the examinations.

New content according to section I of the O of the Nov. 1 what. 1988, in force since Jan. 1. 1989 (1988 1928 RO).
RS 832.20 new content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

Art. 18Conservation and transmission of documents medical consultants must maintain the minutes of review as well as any other documents in accordance with the instructions of the Chief doctor, whereby they hand them over when they cease their activity of medical consultant.
The minutes of review must be transmitted to the AMS electronically immediately after the end of each review using the program designed for this purpose to ensure that medical secrecy at every stage of the transmission, with a view notably to avoid any unauthorized access.
Exceptionally, including technical problems of transmission, delivery of documents can be done by post.

New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).

4 appeal proceedings art. 19. in general the person examined may be used within thirty days to the Chief against the decision of a medical officer; the appeal must contain the findings and the grounds.
When the decision was taken by the Chief or his replacement as its medical officer, OFAC charge one expert independent to deal with the use.

Art. 20 decision the Chief looks at the facts; He can ask for clarification and seek the advice of experts; He makes the final decision on the medical fitness and communicates to the using.
Given the assessment of the case by the Chief Medical Officer, the FOCA decides of the granting, renewal or withdrawal of a licence.
The right of appeal pursuant to the administrative procedure act is reserved.

New content according to section I of the O of the Nov. 1 what. 1988, in force since Jan. 1. 1989 (1988 1928 RO).
RS 172.021 art. 21 charges the provisions of the art. 63, 64 and 65 of the Act on administrative procedure apply by analogy to the appeal proceedings.

RS 172.021 criminal 4aDisposition art. 21A anyone who provides, in the fulfilment of the obligations imposed under art. 14, al. 1, contrary information to the truth is punished according to art. 91, al. 1, let. i, of the Federal law of December 21, 1948 on aviation.

SR 748.0 5 provisions final art. 22 transitional drivers whose professional pilot's license was issued prior to March 1, 1976 may continue to be examined by their current medical consultant, even if it does not belong to category A (art. 7).

Art. 23 abrogation of previous provisions are repealed upon the entry into force of this order: a. the regulation of February 10, 1966, on civil aviation medical service; b. art. Al. 3, 4, 5 and 6, of the regulations of 2 December 1960 concerning the infrastructure of aviation personnel licensing.

Not published in the RO.
[RO 1960 1560, 1983 285 art. 42 RO 1985 1548 art. 57 c. 1] art. 24 entry into force this order comes into force on February 1, 1976.

RO 1976 79 new content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
RS 748.01 new content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
New content according to Chapter 4 of the annex to the O of the DETEC of 27 April 2012 on aviation personnel licenses comply with the Regulation (EU) n1178/2011, in force since 15 may 2012 (RO 2012 2397).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
New content according to chapter I of O of the DETEC on 16 March 2007, in force since April 15, 2007 (RO 2007 1161).
Introduced by the ch. I-7 of the March 4, 2011 DETEC O, in effect since April 1, 2011 (RO 2011 1155).

State on May 15, 2012

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