CODE OF VIRGINIA

APPLICATIONS FOR VARIANCES OR EXEMPTIONS (§ 32.1-111.9)

A. Prior to the submission of (i) an application for a variance to the
Commissioner or (ii) an application for an exemption from any regulations
promulgated pursuant to this chapter to the Board by an emergency medical
services agency that holds a valid license issued by the Commissioner, the
application shall be reviewed by the governing body or chief administrative
officer of the jurisdiction in which the principal office of the emergency
medical services agency is located. The recommendation of the governing body or
chief administrative officer of the jurisdiction regarding the variance or
exemption shall be submitted with the application, and the Commissioner or
Board, whichever is appropriate, shall consider that recommendation for the
purposes of granting or denying the variance or exemption.

B. An individual who meets the definition of “emergency medical services
personnel” in § 32.1-111.1 who is certified as an emergency medical
services provider or is a candidate for certification by the Office of Emergency
Medical Services shall not be required to submit an application for a variance
or exemption to the local governing body or chief administrative officer of the
jurisdiction for review, but shall submit the application for a variance or
exemption to the Operational Medical Director and the emergency medical services
agency chief with which he is affiliated, and shall include the recommendations
of such Operational Medical Director and the emergency medical services agency
chief together with the application for a variance or exemption. The
recommendation of the Operational Medical Director and the emergency medical
services agency chief with which the emergency medical services personnel is
affiliated regarding the variance or exemption shall be submitted with the
application and the Commissioner or Board, whichever is appropriate, shall
consider that recommendation for the purposes of granting or denying the
variance or exemption.

C. An emergency medical services provider who is not affiliated with an
emergency medical services agency shall submit an application for a variance or
exemption to the Commissioner or Board, whichever is appropriate, and the
Commissioner or Board, whichever is appropriate, shall consider the application
for the purposes of granting or denying the variance or exemption. The
Commissioner or Board, whichever is appropriate, may require an emergency
medical services provider who is not affiliated with an emergency medical
services agency to submit additional case-specific endorsements or supporting
documentation as part of an application for a variance or exemption.

D. The applicant shall have the right to appeal any denial by the Commissioner
or Board of an application for a variance or exemption pursuant to the
Administrative Process Act (§ 2.2-4000 et seq.).

HISTORY: 1996, c. 899; 2008, c. 61; 2011, c. 90; 2015, cc. 502, 503.