Indiana § 16-31-3-5 Waiver of rules; requirements; waiver expiration; renewal; orders

Indiana Statutes

§ 16-31-3-5 — Waiver of rules; requirements; waiver expiration; renewal; orders

Indiana·Title 16 HEALTH·Art. 31 EMERGENCY MEDICAL SERVICES·Ch. 3 Certification Requirements for the Provision of

(a)The department of homeland security may waive any rule adopted by the commission under this article for:

(1)a person who provides emergency ambulance service;

(2)an emergency medical technician;

(3)an advanced emergency medical technician;

(4)a paramedic; or

(5)an ambulance; when operating from a location in an adjoining state by contract with an Indiana unit of government to provide ambulance or medical services to patients who are picked up or treated in Indiana.

(b)The department of homeland security may waive any rule, including a rule establishing a fee adopted by the commission under this article, for a person who submits facts demonstrating that:

(1)compliance with the rule will impose an undue hardship on the person; and

(2)either:

(A)noncompliance with the rule; or (B

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(a) The department of homeland security may
waive any rule adopted by the commission under this article for:
(1) a person who provides emergency ambulance service;
(2) an emergency medical technician;
(3) an advanced emergency medical technician;
(4) a paramedic; or
(5) an ambulance;
when operating from a location in an adjoining state by contract with
an Indiana unit of government to provide ambulance or medical
services to patients who are picked up or treated in Indiana.
(b) The department of homeland security may waive any rule,
including a rule establishing a fee adopted by the commission under
this article, for a person who submits facts demonstrating that:
(1) compliance with the rule will impose an undue hardship on
the person; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by the
department of homeland security;
will not jeopardize the quality of patient care. However, the
department of homeland security may not waive a rule that sets
forth educational requirements for a person regulated under this
article.
(c) A waiver granted under subsection (b)(2)(B) is conditioned upon
compliance with the alternative requirement approved under subsection
(b).
(d) The department of homeland security shall establish an
expiration date for any waiver that is granted.
(e) The department of homeland security may renew a waiver if the
person makes the same demonstration required for the original waiver.
(f) The commission is the ultimate authority for orders issued under
this section.
[Pre-1993 Recodification Citation: 16-1-39-12(c).]

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