Waiver or Variance from Standards
(1)As used in this rule:
(a)“Waiver” means the Authority has excused compliance with a specific rule.
(b)“Variance” means the Authority has permitted a change or deviation from an existing rule.
(2)While a licensed ambulance service is required to maintain continuous compliance with the Authority’s rules, these requirements do not prohibit the use of alternative concepts, methods, procedures or techniques. A licensed ambulance service may request a waiver or variance from the requirements established in ORS 820.330 (Failure to make, maintain and make available ambulance records) to 820.380 (Illegal ambulance or emergency vehicle sirens), ORS chapter 682 and these rules when:
(a)The licensed ambulance service believes that compliance with a rule is inappropriate because of special circumstances which would render compliance unreasonable, burdensome, or impractical due to special conditions or causes, or because compliance would result in substantial curtailment of necessary ambulance service; and
(b)A city ordinance or county ASA plan exists, and the licensee has presented his or her request for a waiver or variance to the local city or county governing body and that body has given their approval for the proposed waiver or variance.
(3)A request for a waiver or variance must be submitted to the Authority in writing and include the following information:
(a)The specific rule for which a waiver or variance is requested:
(b)A description of the special circumstances relied upon to justify the waiver or variance;
(c)What alternatives were considered, if any and why alternatives (including compliance) were not selected;
(d)An explanation of why the proposed waiver or variance will not jeopardize patient health and safety;
(e)The proposed duration of the waiver or variance; and
(f)A detailed and realistic plan to resolve the need for a future waiver or variance.
(4)The request for a waiver or variance may be presented to the State Emergency Medical Service Committee at a regularly scheduled meeting. The EMS Director or EMS Deputy Director, after considering the Committee’s recommendation, when requested, may grant a waiver or variance.
(a)A waiver or variance shall be granted for a period of time as prescribed by the Authority; and
Rule 333-250-0340 — Waiver or Variance from Standards,