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 Medical Director or the Department.  (Section 3.185 of the Act)

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 hardship, including a description of how the applicant has attempted to comply with the Section;

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 Medical Director shall state in writing whether he/she recommends or opposes the application for waiver, the reason for such recommendation or opposition, and how the waiver will or will not reduce the quality of medical care established by the Act and this Part.  The applicant shall submit the EMSMD's statements along with the application for waiver.  If the EMSMD does not provide written statements within 30 days of the applicant's request, the application may be submitted to the Department and the EMSMD will be determined to be in support of the waiver.

c)         An EMS Medical Director 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) of this Section, along with a statement signed by the System Participant requesting or authorizing the EMSMD to make such application.

d)         The Department shall grant the requested waiver if it finds the following:

1)         The waiver will not reduce the quality of medical care established by the Act and this Part;

2)         Full compliance with the regulation at issue is or would be a hardship on the applicant;

3)         For an EMT seeking a waiver to extend a relicensure date in order to complete relicensure requirements:

A)        The EMT has previously received no more than one extension since his or her last relicensure; and

B)        The EMT 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 an EMT:

A)        The applicant has previously received no more than one waiver of the same regulation during the current license or designation year;

B)        The applicant has not established a pattern of seeking waivers of the same regulation during previous license or designation years; and

C)        The Department finds that the hardship preventing compliance with the particular regulation is 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 shall specify the regulation or portion thereof 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 regulation.

f)          The Department shall determine the length of any waiver that it grants, based on the nature and extent of the hardship and the medical needs of the community or areas in which the waiver applicant functions.

g)         The Department shall grant a waiver of Section 515.830(a)(1) of this Part for a vehicle that changes ownership after April 1, 1997, if the vehicle meets the requirements of the U.S. General Services Administration's "Specifications for Ambulance"  (KKK-A-1822C).

(Source:  Added at 21 Ill. Reg. 5170, effective April 15, 1997)