Truth, Justice, and Human Life

Pilots Taking Back Control

The HIMS Program has grown in scope and reach well beyond its original intended purpose of creating a controlled and monitored pathway for pilots, with issues involving alcohol, to return to work before the mandated 24 months of required abstinence as prescribed by law. The Supreme Court has recently ruled on Chevron deference, which opens the door to the argument that the FAA’s application of the HIMS program has exceeded its statutory mandate.

What you are about to read is an abomination of the HIMS program. The story of a captain who has been derailed by the system that is supposed to support and assist. He is fighting back. If you are in the HIMS program, you can help. 

My name is Martin Barnard, I am an airline pilot, a living breathing human being with a loving family that depends on me, and I was in the HIMS program, under the care of a Human Intervention Motivation Study (HIMS) Aviation Medical Examiner (AME). 

I do not drink and have not for going on four years. 

I have flawless and uninterrupted FAA random testing, consistent with FAA standards, to document this. 

On a single occasion in September 2022, I thought with disbelief that I may have inadvertently and without knowledge consumed something with alcohol in it, instead of the non-alcohol (0.0) beverage as was intended. I disclosed this to my HIMS AME. 

I conducted a highly sensitive blood PEth test roughly three days after the event, which produced yet another negative result further corroborating my abstinence. Nevertheless, on October 14, 2022, this HIMS AME wrote to the FAA that I was at “increased risk for a full relapse,” which was soon followed by the revocation of my Special Issuance first class medical certificate, 

In support of his October 14 report to the FAA, the HIMS AME stated that his finding was based on three considerations: 

(1) that I had three “dilute” specimens in the prior year, 

(2) that the result of my October 3 2022 PEth test was “sub threshold,” and 

(3) the motivation to purchase beer-like beverages, “whether alcohol containing or not” is “suggestive of an imperfect recovery.” 

I have decided to file a lawsuit against this HIMS AME for what I consider to be his negligent actions, including, in part: 

The HIMS AME reported the three test results as “dilute,” notwithstanding the fact that the laboratory had reported the result of each specimen as “negative-dilute,” thereby confirming that the tests confirmed the absence of alcohol in my system.

To the extent that The HIMS AME had any concern that the three “dilute” specimens reflected donor tampering, he should have proceeded with direct observation collections that would have cleared me of any alleged misconduct.

The creatinine levels for the three “dilute” test results evidenced nothing beyond appropriate hydration practices and that I had abstained from the consumption of alcohol. The HIMS AME should have communicated to the FAA that the result of the hypersensitive October 3 PEth test result was a “negative.”

The HIMS AME should have communicated to the FAA that the October 3 PEth result provides strong evidence establishing that I had maintained my commitment to complete abstention from alcohol consumption. Nevertheless, the paragraph in which The HIMS AME references the PEth result reads as follows: Looking back at the airman’s random testing, he has had three dilute specimens this year.

The HIMS AME reference to the October 3 PEth test result as “sub threshold” appears to have been understood by the FAA as evidence that I was ingesting alcohol despite the fact the test was negative.

The third and final basis for the relapse diagnosis that the HIMS AME communicated to the FAA was that “whether or not alcohol consumption occurred, it is an early teaching in formal recovery that ‘look alike’ beverages, alcohol containing or not, were contraindicated for those in recovery program.”

The HIMS AME never advised me that I should abstain from non-alcoholic “look alike” beverages or that the consumption of such beverages could potentially lead to relapse. NOTE: Nor have I ever signed anything agreeing to such a standard.

DOWNLOAD FULL DETAILS OF THIS CASE HERE

I was immediately ordered, under penalty of termination, without the ability to make life arrangements into: Metro Atlanta Recovery Residences (MARR) a 98-day highly invasive, intensive inpatient mental hospital. Fellow pilots have characterized the program as akin to an imprisonment. I then would have been required to sign a “Contract B” which allows for termination without cause for any alcohol-related incident, or I would be immediately terminated. 

Given these unjustifiable demands, I have taken leave from my airline, pursuant to the Uniformed Services Employment and Reemployment, Rights Act of 1994 (USERRA) to continue my 30+ year military career with honor. I am fully Mission ready and deploy worldwide in a flying status; I am current and qualified in my Major Weapon System and will continue to serve my country until I retire with honor. My intention upon retiring from the US military, in accordance with USERRA law, will be to return to my airline as a full-time line pilot.

Despite USERRA law, my Airline has indicated that it intends to terminate me upon my return from Military Service. This has been conveyed to me numerous times verbally, and I have received written documentation to this intention dated 18 Sep 2023. Based upon The HIMS AME actions, I am filing a malpractice lawsuit against him.

My overall objective of this lawsuit is twofold: 

1) To bring due process to the HIMS program. There is currently no mechanism available for due process or checks and balances of any kind in today’s HIMS program should there be any disagreement of any kind between the different entities. This lack of due process allowing HIMS AME’s and unelected, unaccountable bureaucrats at the FAA to act with absolute impunity in all situations renders the pilot completely vulnerable and without recourse.

2) My second objective is to set precedent that HIMS AME’s can be held liable for negligent actions that inflict harm on the lives of the patients/pilots they have agreed to “sponsor.” 

I respectfully request assistance from all that are willing, in any way you can help achieve these objectives. Please download the affidavit  below and share with as many people as possible. Those that come after us will greatly appreciate what you have done here. Thank you for your time and consideration!

DOWNLOAD THE AFFIDAVIT HERE

Email to: marty.barnard@yahoo.com

I'm proud of Captain Barnard's effort to make a difference and assist everyone in this program. AMEs should not have immunity from their actions. And, every doctor should be held accountable. The fact that any doctor could possibly distort the truth of fact based evidence in such a negligent manner, and in my opinion intentional, should be of the greatest concern to all.  If you are unfamiliar with the HIMS program and want to learn more, please read the previous posts:

Warning to all Pilots

Alcohol and Pilots

Alcohol Use Disorder

THANK YOU 

For your Assistance! 

Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727