DOT Proposal Would Require Airlines to Provide Free Oxygen

WASHINGTON–A rule proposed last week by the Department of
Transportation would require U.S. and foreign airlines operating to
and from the United States to provide supplemental oxygen free of
charge to patients in need. The proposed rule, published in the
Sept. 7 Federal Register, would modify the Air Carrier
Access Act of 1986, which prohibits discrimination in airline
service on the basis of disability and would apply to all passenger
carriers operating at least one aircraft with more than 60
seats.

“Passengers who use oxygen deserve the same access to our air
transportation system as do travelers with other disabilities or
medical conditions,” said U.S. Transportation Secretary Norman
Mineta. “This rulemaking continues our effort to ensure that
Americans with disabilities are treated fairly when they travel by
air.”

Currently, airlines are not required to provide oxygen to
passengers, and some major carriers do not. Those that do provide
the service usually charge a fee that can be prohibitively
expensive, according to the DOT. One study cited by the agency said
the costs for supplied oxygen can range between $64 and $1,500 per
trip.

A recent rule by the Federal Aviation Administration permits
airlines to allow patients to take certain portable oxygen
concentrators–Goleta, Calif.-based Inogen’s Inogen One and
Buffalo, N.Y.-based AirSep’s Lifestyle–onboard, but the air
carriers are not required to do so. (See HomeCare
Monday, July 18, 2005.)

The DOT proposal, if made final, would also require all airlines
except for air taxis to test four types of respiratory assistive
devices–ventilators, respirators, continuous positive airway
pressure (CPAP) devices and certain portable oxygen
concentrators–to make sure they do not cause electromagnetic
interference with aircraft navigation and communications. Under the
proposed rule, passengers would be allowed to use these devices
when flying if it is found they can be safely operated on
board.

To view the proposed rule,
click here. The DOT will accept public comments through Nov. 7.
To comment, visit http://dms.dot.gov.