Section 515.150 Waiver Provisions

Section 515

Section 515.150  Waiver

Provisions

a)

The Department may grant a waiver to any provision of the

Act or

this Part

for a specified period of time determined

appropriate by the Department.  The Department may grant a waiver when it can

be demonstrated that there will be no reduction in standards of medical care as

determined by the EMS

MD

or the Department.

(Section 3.185 of the

Act) Waivers shall be valid only for the length of time determined by the

Department (see subsection (f)).  For either a single or multiple waiver

request, the factual basis supporting any waiver must be proven by the

applicant.

b)

Any entity may apply in writing to the Department for a

waiver to specific requirements or standards for which it considers compliance

to be a hardship.

(Section 3.185 of the Act) The application shall contain

the following information:

1)         The applicant's name, address, and license number (if

applicable);

2)         The Section of the Act or this Part for which the waiver is

being sought;

3)         An explanation of why the applicant considers compliance with

the Section to be a unique hardship, including:

A)        A description of how the applicant has attempted to comply with

the Section;

B)        The reasons for non-compliance; and

C)        A detailed plan for achieving compliance.  The detailed plan

shall include specific timetables;

4)         The period of time for which the waiver is being sought;

5)         An explanation of how the waiver will not reduce the quality

of medical care established by the Act and this Part; and

6)         If the applicant is a System Participant, the applicant's EMS

MD shall state in writing whether the EMS MD recommends or opposes the

application for waiver, the reason for the recommendation or opposition, and

how the waiver will or will not reduce the quality of medical care.  The

applicant shall submit the EMS MD's statements along with the application for

waiver

d this Part; and

6)         If the applicant is a System Participant, the applicant's EMS

MD shall state in writing whether the EMS MD recommends or opposes the

application for waiver, the reason for the recommendation or opposition, and

how the waiver will or will not reduce the quality of medical care.  The

applicant shall submit the EMS MD's statements along with the application for

waiver. If the EMS MD does not provide written statements within 30 days after the

applicant's request, the EMS MD will be determined to be in support of the

application, and the application may be submitted to the Department.

c)         An EMS MD may apply to the Department for a waiver on behalf

of a System Participant by submitting an application that contains all of the

information required by subsection (b), along with a statement signed by the

System Participant requesting or authorizing the EMS MD to make the

application.

d)         The Department will grant the requested waiver if it finds the

following:

1)         The waiver will not reduce the quality of medical care;

2)         Full compliance with the statutory or regulatory requirement

at issue is or would be a unique hardship on the applicant;

3)         For EMS Personnel seeking a waiver to extend a relicensure

date in order to complete relicensure requirements:

A)        The EMS Personnel has previously received no more than one extension

since last relicensure; and

B)        The EMS Personnel has not established a pattern of seeking

extensions (e.g., waivers sought based on the same type of hardship in two or

more previous license periods);

4)         For an applicant other than EMS Personnel:

A)        The applicant has previously received no more than one waiver

of the same statutory or regulatory requirement during the current license or

designation period;

B)        The applicant has not established a pattern of seeking waivers

of the same statutory or regulatory requirement during previous license or

designation period; and

C)        The D

an applicant other than EMS Personnel:

A)        The applicant has previously received no more than one waiver

of the same statutory or regulatory requirement during the current license or

designation period;

B)        The applicant has not established a pattern of seeking waivers

of the same statutory or regulatory requirement during previous license or

designation period; and

C)        The Department finds that the hardship preventing compliance

with the particular statutory or regulatory requirement is unique and not of an

ongoing nature;

5)         For a hospital requesting a waiver to participate in a System

other than that in which the hospital is geographically located:

A)        Documentation that transfer patterns support the request; and

B)        Historic patterns of patient referrals support the request.

e)         When granting a waiver, the Department will specify the statutory

or regulatory requirement that is being waived, any alternate requirement that

the waiver applicant shall meet, and any procedures or timetable that the

waiver applicant shall follow to achieve compliance with the waived requirement.

f)         The Department will determine the length of any waiver that it

grants, based on the nature and extent of the hardship and will consider the

medical needs of the community or areas in which the waiver applicant

functions.

g)         The Department will grant a waiver of Section 515.830(a)(1)

for a vehicle that changes ownership if the vehicle meets the requirements of

the U.S. General Services Administration's "Specifications for

Ambulance"  (KKK-A-1822D or KKK-A-1822E).