6 Colo. Code Regs. § 1015-3-4-15

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1015-3-4-15 - Criteria for Administrative Waivers to Rules

15.1 Any ambulance service may apply to the Department for an administrative waiver to these rules based on established need. Waivers to EMS provider scope of practice are governed by 6 CCR 1015-3, Chapter Two.

15.1.1 The Department may grant an administrative waiver of a rule if the applicant satisfactorily demonstrates:

A) The proposed administrative waiver does not adversely affect the health and safety of a patient; and

B) In the particular situation, the requirement serves no beneficial purpose; or

C) Circumstances indicate that the public benefit of waiving the requirement outweighs the public benefit to be gained by strict adherence to the requirement.

15.1.2 Administrative waivers cannot be granted for any statutory requirement under state or federal law, or for requirements under local codes or ordinances.

15.1.3 Administrative waivers are generally granted for a limited term and shall be granted for a period no longer than the current license and/or permit term.

15.2 A licensed ambulance service must fully comply with all rules unless it has received official written authorization from the Department granting an administrative waiver for a specific rule.

15.3 Licensed ambulance services that seek an administrative waiver shall submit a completed application to the Department in a form and manner determined by the Department.

15.3.1 The request for an administrative waiver shall include, but not be limited to, the text of or a description of the rule to be waived, and the justification for the waiver.

15.3.2 The Department may:

A) Require the applicant to provide additional information if the initial waiver request is determined to be insufficient; and

B) Consider any other information it deems relevant, including but not limited to complaint investigation reports and compliance history.

15.3.3 A waiver request shall not be considered complete until all of the information required by the Department is submitted.

15.3.4 The completed waiver request shall be submitted to the Department in a timely fashion so as to ensure compliance with these rules.

A) Waiver requests may be submitted by ambulance service staff but shall include specific authorization by the ambulance service's administrator.

15.3.5 The waiver request shall be a matter of public record and is subject to disclosure requirements under the Colorado Open Records Act (Section 24-72-200.1et seq., C.R.S.).

15.4 After reviewing the initial waiver request, the Department shall make a decision on the request and send notice of that decision to the licensed ambulance service.

15.4.1 If the administrative waiver is granted, the Department will specify:

A) The effective date and expiration date of the administrative waiver; and

B) Terms and conditions of the administrative waiver.

15.4.2 The Department may deny, revoke, or suspend an administrative waiver if it determines that:

A) Its approval or continuation jeopardizes the health, safety, and/or welfare of patients;

B) The ambulance service has provided false or misleading information in the waiver request;

C) The ambulance service has failed to comply with conditions of an approved waiver; or

D) A change in federal or state law prohibits continuation of the waiver.

15.5 If the Department denies an administrative waiver request or revokes or suspends an administrative waiver, it shall provide the ambulance service with a notice explaining the basis for the action. The notice shall also inform the ambulance service of its right to appeal and the procedure for appealing the action.

15.6 Appeals of Departmental actions shall be conducted in accordance with the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

15.7 If a rule pertaining to an existing administrative waiver is amended or repealed obviating the need for the waiver, the administrative waiver shall expire on the effective date of the rule change.

15.8 If an ambulance service has made a timely and sufficient request to extend an existing administrative waiver and the Department fails to take action prior to the waiver's expiration date, the existing administrative waiver shall not expire until the Department acts upon the request. The Department, in its sole discretion, shall determine whether the request was timely and sufficient.

6 CCR 1015-3-4-15

47 CR 02, January 25, 2024, effective 2/14/2024