OAR 333-250-0340: Waiver or Variance from Standards

(1) As used in this rule: (a) "Waiver" means the Oregon Health Authority (Authority) has excused compliance with a specific rule in writing. (b) "Variance" means the Authority has permitted a change or deviation from an existing rule in writing. (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 to 820.380, 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 ambulance service plan exists, and the licensee has presented their 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 Emergency Medical Services Advisory Board at a regularly scheduled meeting. The emergency medical services (EMS) Director or EMS Deputy Director, after considering the Board's recommendation, when requested, may grant a waiver or variance in writing. (a) A waiver or variance shall be granted for a period of time as prescribed by the Authority; and (b) A subsequent waiver or variance may only be granted when the licensed ambulance service has demonstrated to the Authority, insofar as possible, adequate progress in resolving the need for the initial waiver or variance as described in the plan.