Section 800.25 - General regulatory waivers
Effective Date
800.25 General regulatory waivers.
(a) The department may waive regulatory requirements of this Part if the department finds that compliance with the requirement or requirements is:
(1) unreasonable, impractical, or burdensome because of special circumstances that exist; or
(2) compliance would result in impediment of emergency medical services delivery in operations, education, or other circumstance as determined by the department.
(b) Waivers granted under this section may be limited in time or may be conditioned as the department considers necessary to protect the public welfare.
(c) A waiver may be approved by the department in full, in part, for limited use, or for agency wide application.
(d) In determining whether a waiver may be granted, the department shall weigh the equities involved and the advantages and disadvantages to the welfare of patients and emergency medical services system. The department will solicit for comment from the appropriate regional emergency medical services council on waiver requests.
(e) Applications for a waiver must be submitted in writing to the department and must include, at minimum, the following:
(1) the specific regulation for which a waiver is sought;
(2) the reason the waiver is necessary; and
(3) a description of what steps will be taken to achieve or maintain the purpose of the regulation to be waived and to protect the health, safety, and well-being of the public.
(f) Approvals for waivers under this Part must be kept in any locations specified by the department and be available upon request by the department during any scheduled or unscheduled inspection or review until they are expired or no longer apply.
(g) Waivers that have been granted by the department will be applicable for a specific period determined by the department and their effect must not exceed the period beyond any regular renewal or recertification period.
(h) Failure to adhere to the terms of the approved waiver will result in rescission of the waiver and may result in a regulatory citation and imposition of penalties for violation of the applicable regulation.