At the Dec 6, 2023 NTSB Safety Summit it was addressed that the FAA has inconsistencies in reporting between the old paper form 8500-8 and the MedXpress website. https://youtu.be/8NOndCer-i4?si=VDyLGv0E4lUtmM59&t=1917 Specifically items such as ADHD were not addressed on form 8500-8 https://www.aviationmedicine.com/wp-content/uploads/2014/03/FAA-Form-8500-8-GG-Edition-APPLICATION-FOR-AIRMAN-MEDICAL-CERTIFICATE.pdf mirrored https://drive.google.com/file/d/1S69Q3utnGmNeKRBtt0Yzn26g-EmrHZTv/view?usp=sharing nor were their direct publications on the FAA's website that state that ADHD is not only considered to the agency as a Mental Disorder, but also a disqualifying diagnosis . https://www.faa.gov/faq/what-medical-conditions-does-faa-consider-disqualifying-0
This has been a decades long issue with the FAA. The Pilots Bill of rights authored in 2012 by then Oklahoma Senator Jim Inhofe https://drive.google.com/file/d/1WHO13v9UApanb5ldLeaBocqd2wJKTvej/view
required the General Accountability Office to review the FAA medical certification process and requires the FAA to act on the GAOs recommendations within a year. The GAO outlines a number of problems in 2014 in confusion or reporting that however have not been fixed to this day. In fact if anything it had opposite effect where the FAA made the way of reporting past medical history a bigger trap to screw over pilots. Example the old paper from 8500 only lists as "mental disorders" anxiety, depression, ect,
This awareness by the FAA of the vagueness of form 8500 goes back to at least 1987 where The FAA has expressed concerns about the possible vagueness of the Form in the past. The Broderick Memorandum, a 1987 FAA document, noted that the FAA needed to “think about changing the form and substance of the questions asked in” Form 8500-8, in part because the “vague, qualitative, and evaluative nature of these questions" has made difficult the prosecution of people in the past.
https://caselaw.findlaw.com/us-9th-circuit/1137095.html It was only compelled to address it due to Senator Inhofe's legislation and the GAO report along with the forms previous vagueness made it more difficult for the FAA to have pilots prosecuted for perjury where the caselaw continued, If the FAA sees fit to change the questions, it is well within its domain to do so. Meaning the FAA can arbitrarily move the goal posts and instead of changing the reporting to better benefit the pilots, the FAA changed the reporting to strengthen their perjury trap. Likewise the FAA recently moved the goal posts by loosening Cardiac requirements but refusing to divulge the data as to why https://www.zerohedge.com/medical/faa-wont-divulge-data-behind-pilot-heart-arrhythmia-decision
Form 8500's replacement, in 2012 is a website called MedXpress, which lists disorders in dropdown menus that have to be answered, which includes many previously unpublished "mental disorders" such as ADHD, which the FAA to this day does not published as one of the 15 medical disqualifiers. https://www.aviationmedicine.com/article/aeromedical-certification-amcsdiws-faa-waiver-processing/#:~:text=The%20fifteen%20mandatory%20disqualifying%20medical,)%3B%20psychosis%3B%20bipolar%20disorder%3B%20personality
Unless otherwise directed by the FAA, the Examiner must deny or defer if the applicant has a history of: (1) Diabetes mellitus requiring hypoglycemic medication; (2) Angina pectoris; (3) Coronary heart disease that has been treated or, if untreated, that has been symptomatic or clinically significant; (4) Myocardial infarction; (5) Cardiac valve replacement; (6) Permanent cardiac pacemaker; (7) Heart replacement; (8) Psychosis; (9) Bipolar disorder; (10) Personality disorder that is severe enough to have repeatedly manifested itself by overt acts; (11) Substance dependence; (12) Substance abuse; (13) Epilepsy; (14) Disturbance of consciousness and without satisfactory explanation of cause, and (15) Transient loss of control of nervous system function(s) without satisfactory explanation of cause.https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/standards/
The report also has stated that a greater number of previous required deferrals by Aviation Medical Examiners or AMEs should now be allowed to be granted a standard issue medical by the AME https://www.gao.gov/products/gao-14-330 However evidence shows that the FAA still has by and large not updated their policy which Senior AME Dr. Brent Blue calls out at 25 min 26 seconds. https://youtu.be/iNWhpl4DtmA?t=1526
It cannot be emphasized enough these "mental disorders" in the MedXpress Drop down were not on form 8500 and the reducing of vagueness by the use of MedXpress only benefits the FAA in giving them a more clear cut way to prosecute pilots for perjury over their medical history. The ADHD question was not asked before 2012. Only with MedXpress was it asked, In should also be noted that the FAA violated its own statues flagging my medical more than 60 days after issuance. https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/app_process/general/authority/#:~:text=A%20medical%20certificate%20issued%20by,%2C%20or%20the%20Manager%2C%20AMCD%20. A medical certificate issued by an Examiner is considered to be affirmed as issued unless, within 60 days after date of issuance (date of examination), it is reversed by the Federal Air Surgeon, a RFS, or the Manager, AMCD. However, if the FAA requests additional information from the applicant within 60 days after the issuance, the above named officials have 60 days after receipt of the additional information to reverse the issuance. However the FAA issued certified letters with the laser printed signature of Dr. David Obrien MD well past the 60 days demanding additional information in the middle of the COVID lockdowns demanding this must be done only with an FAA approved psychologist and if no response was given within 90 days of the date on the letter the FAA would refer my case for "legal enforcement action" or a denial of medical certification. Notice the legal enforcement action was written first and denial of medical certification was written second. Also the policy at the time in 2020 had the clock start when the letters are dated by AAM-300 in Oklahoma before it's mailed, not when received by the pilot. This was only recently amended in 2025 where the clock starts when the certified letter of investigation (LOI) was received according to updates to the Pilot's Bill of Rights as part of the FAA Reauthorization Act of 2024. https://www.linkedin.com/posts/gregoryreigel_httpswwwfaagovregulationspolicies-activity-7330933094310469632-zC2o?utm_source=social_share_send&utm_medium=member_desktop_web&rcm=ACoAAABFbtwB8-RqEQ-VpzVwYqjJ3rBRdKfM4Q8 and https://www.faa.gov/regulations_policies/orders_notices/index.cfm/go/document.information/documentID/1043739
The question, "Have you ever in your life" does not start at age 18 but at conception as far as the FAA is concerned. So not listing getting tagged with ADHD age 8 in 1991 has the consequence of permanent loss of not only a pilots medical certificate, but all their flight ratings as well as a felony conviction leading too 5 years in prison and a $250,000 fine https://www.aopa.org/news-and-media/all-news/2008/march/25/pilot-sentenced-to-jail-for-lying-on-medical-application This cannot be emphasized enough, especially when so many people ask, why did you not report this to the FAA and why pilots avoid medical care like the plague as stated above. All the more reason why The 118th Congress needs to inquire why is the FAA allowed to violate HIPAA regulations when it comes to medical privacy and discrimination as part of the 2023 FAA reauthorization Act.
The one exception is for transgenders where the FAA is no longer considering it a "Mental Disorder," not due to anything proactive regarding aeromedical reform by the FAA but because of a lawsuit filed by the Transgender Law Center. sites.google.com/site/no2cog/supporting-evidence/faa-no-longer-considers-transgender-a-mental-disorder-nor-requires-a-psych-evaluation