Md. Code Regs. 30.09.04.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 30.09.04.08 - Waivers

A. SOCALR may waive any equipment requirements under COMAR 30.09.07 and 30.09.10-30.09.12 for any commercial ambulance service which is licensed by Maryland or applying for a license, which demonstrates to the satisfaction of SOCALR that the equipment offered by the commercial ambulance service is equivalent to or superior to the equipment required by this subtitle.

B. Waiver of Personnel Requirements.

(1) SOCALR may waive any personnel requirements under COMAR 30.09.07, except the requirement for a licensed or certified driver for a BLS ambulance, for any commercial ambulance service which is licensed by Maryland or applying for a license, which demonstrates to the satisfaction of SOCALR that the personnel offered by the commercial ambulance service is equivalent to or superior to the personnel required by this subtitle.

(2) SOCALR may waive the personnel requirements under COMAR 30.09.07 for a licensed or certified driver for a BLS ambulance, for any commercial ambulance service which is licensed by Maryland or applying for a license. The initial waiver shall be for 1 year, subject to renewal.

(3) A commercial ambulance service seeking a waiver of the requirement for a licensed or certified driver for a BLS ambulance under COMAR 30.09.07 shall meet the following requirements:

(a) Submit to SOCALR with the application and on a monthly basis:

(i) The current number of unit hours staffed over a consecutive 7-day period during the most recent 30 days: and

(ii) The name and address of each non-EMS individual designated by the commercial service to drive a BLS ambulance;

(b) Ensure that each non-EMS individual designated to drive a BLS ambulance possesses a current and valid For-Hire Driver's license issued by the Public Service Commission prior to use of a non-EMS driver on a BLS ambulance;

(c) Provide to SOCALR a photocopy of a current and valid For-Hire Driver's license issued by the Public Service Commission for each non-EMS individual designated to drive a BLS ambulance prior to use of a non-EMS drive on a BLS ambulance;

(d) Ensure that each non-EMS individual designated to drive a BLS ambulance obtains an ePINS number prior to use of a non-EMS drive on a BLS ambulance;

(e) Provide the following training to each non-EMS individual it designates to drive a BLS ambulance prior to use of a non-EMS driver on a BLS ambulance:

(i) COMAR 30.09.02.02 -P atient Rights;

(ii) COMAR 30.09.07.03 -O perational Requirements;

(iii) Bloodborne Pathogens (29 CFR 1910.1030 to include Personal Protective Equipment and Body Substance Isolation precautions);

(iv) Lifting, moving, or positioning patients, to include stretcher and stair chair operations;

(v) CPR certification training, including the use of an AED; and

(vi) Driver's training program to include safe road operations, ambulance backing, and city driving; and

(f) Provide SOCALAR with a copy of the training programs required for the non-EMS driver prior to use of a non-EMS driver on a BLS ambulance.

C. A commercial ambulance service seeking a waiver under this regulation shall apply in writing to SOCALR.

D. A waiver is not valid unless issued in writing by SOCALR for a specific period of time.

E. A commercial ambulance service granted a waiver under this subtitle shall reapply for the waiver 30 days before expiration of the waiver.

F. A waiver may be summarily suspended if SOCALR finds the party to whom the waiver has been granted has:

(1) Obtained or attempted to obtain a waiver by fraud or deceit;

(2) Made a material omission or misrepresentation of fact on an application for a waiver;

(3) Made a material omission or misrepresentation of fact in response to an inquiry or investigation by SOCALR;

(4) Defaced, altered, removed, or obliterated any portion of or any official entry on a waiver issued by SOCALR;

(5) Interfered with SOCALR in the performance of SOCALR's duties;

(6) Failed to reapply for a waiver;

(7) Violated any applicable federal, State, or local statute or regulation; or

(8) Failed to comply with the terms of the waiver.

G. Failure to comply with the terms of a waiver granted under this regulation may be grounds for further action under COMAR 30.09.09.02.

Md. Code Regs. 30.09.04.08

Amended effective 48:20 Md. R. 850, eff. 8/26/2021; amended effective 49:1 Md. R.16, eff. 1/13/2022