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.).
1996, c. 899; 2008, c. 61; 2011, c. 90; 2015, cc. 502, 503.
Structure Code of Virginia
Chapter 4 - Health Care Planning
§ 32.1-102.1:1. Equipment registration required
§ 32.1-102.1:3. Medical care facilities and projects for which a certificate is required
§ 32.1-102.2:1. State Health Services Plan; Task Force
§ 32.1-102.3. Demonstration of public need required; criteria for determining need
§ 32.1-102.3:1.1. Continuing care retirement communities accessing medical assistance
§ 32.1-102.3:7. Application for transfer of nursing facility beds
§ 32.1-102.3:8. Application for an open admission period for a continuing care retirement community
§ 32.1-102.4. Conditions of certificates; monitoring; revocation of certificates; civil penalties
§ 32.1-102.5. Certificate not transferable
§ 32.1-102.6. Administrative procedures
§ 32.1-102.6:1. Revocation of a certificate
§ 32.1-102.8. Enjoining project undertaken without certificate or registration
§ 32.1-102.9. Designation of judge
§ 32.1-102.11. Application of article
§ 32.1-111.2. Exemptions from provisions of this article
§ 32.1-111.3. Statewide Emergency Medical Services Plan; Trauma Triage Plan; Stroke Triage Plan
§ 32.1-111.4:2. Regional emergency medical services councils
§ 32.1-111.4:3. Provision of emergency medical services
§ 32.1-111.4:8. Ordinances as to emergency medical services agencies
§ 32.1-111.5:1. Emergency medical services personnel mental health awareness training
§ 32.1-111.6. Emergency medical services agency license; emergency medical services vehicle permits
§ 32.1-111.6:1. Commissioner to issue certain emergency medical services licenses or permits
§ 32.1-111.8. Revocation and suspension of licenses and permits
§ 32.1-111.9. Applications for variances or exemptions
§ 32.1-111.9:1. Out-of-state emergency medical services providers
§ 32.1-111.12. Virginia Rescue Squads Assistance Fund; disbursements
§ 32.1-111.12:01. Financial Assistance and Review Committee; appointment; terms; duties
§ 32.1-111.13. Annual financial reports
§ 32.1-111.14. Powers of governing bodies of counties, cities, and towns
§ 32.1-111.14:2. Establishment of emergency medical services zones or districts; tax levies
§ 32.1-111.14:6. Supervision and control of joint services of emergency medical services agencies
§ 32.1-111.14:8. Purchase, maintenance, etc., of equipment; donated equipment
§ 32.1-111.14:9. Entry of buildings and premises adjoining during a medical emergency
§ 32.1-111.15. Statewide poison control system established
§ 32.1-111.16. Director of Office of Emergency Medical Services annual performance evaluation
§ 32.1-116.1. Prehospital patient care reporting procedure; trauma registry; confidentiality
§ 32.1-116.1:1. Disclosure of medical records
§ 32.1-116.2. Confidential nature of information supplied; publication; liability protections
§ 32.1-116.3. Reporting of communicable diseases; definitions
§ 32.1-122.03. State Health Plan
§ 32.1-122.03:1. Statewide Telehealth Plan
§ 32.1-122.04. Responsibilities of the Department
§ 32.1-122.05. Regional health planning agencies; boards; duties and responsibilities
§ 32.1-122.06. Funds for regional health planning
§ 32.1-122.08. Continuation of regulations
§ 32.1-122.5. Criteria to identify underserved areas
§ 32.1-122.5:1. Conditional grants for certain medical students
§ 32.1-122.6. Conditional grants for certain medical students
§ 32.1-122.6:01. Board of Health to award certain scholarships and loan repayment funds
§ 32.1-122.6:02. Conditional grants for certain nurse practitioner students
§ 32.1-122.6:03. Conditional grants for certain physician assistant students
§ 32.1-122.6:04. Nurse Loan Repayment Program
§ 32.1-122.6:1. Physician Loan Repayment Program
§ 32.1-122.7. Virginia Health Workforce Development Authority; purpose
§ 32.1-122.7:1. Board of Directors of the Virginia Health Workforce Development Authority
§ 32.1-122.7:2. Powers and duties of the Virginia Health Workforce Development Authority; exemptions
§ 32.1-122.8. Board's authority to receive and expend funds
§ 32.1-122.9. Conditional grants for certain dental students
§ 32.1-122.9:1. Dentist Loan Repayment Program
§ 32.1-122.10. Conditional grants for certain dental hygiene students
§ 32.1-122.10:002. Board of directors; expenses; officers; terms of office; quorum; annual report
§ 32.1-122.10:003. Office of the authority
§ 32.1-122.10:004. Powers of the authority
§ 32.1-122.10:005. Licensed agents; liability
§ 32.1-122.20. Recruitment and retention of health care providers