Waiver

An applicant for a license, or a licensee under 105 CMR 170.000, may apply to the Department for a temporary waiver of those requirements with which the service is unable to comply. A temporary waiver may be renewed, in accordance with administrative requirements of the Department. (A) An applicant for a waiver shall submit the following in writing: (1) Evidence of a prior good faith effort to comply with each requirement for which a waiver is requested; (2) A statement documenting why the service cannot comply with each requirement for which a waiver is requested, including any financial or other significant hardship resulting from efforts to comply; (3) A statement documenting why noncompliance with each requirement will not cause the service to be unable to render adequate care; (4) Reasons why compliance with each requirement is not possible for a given period of time; and (5) A plan for compliance with each requirement within the period requested by the waiver. (B) The Department may grant a waiver of one or more requirements upon satisfactory documentation by the applicant for the waiver and a finding by the Department that the applicant: (1) Has made a good faith effort to comply with the requirements for which waiver is requested; (2) Would suffer undue hardship if compliance were required; (3) Has adopted alternative procedures or features that are functionally equivalent to the requirement to be waived; and (4) Has instituted the alternative procedures or features, which adequately protect the health and safety of the patients served by the service and do not limit the service's ability to provide adequate services. (C) Pursuant to M.G.L. c. 111C, § 9, the Department may grant a licensee a temporary waiver of the EMT certification requirement set forth in 105 CMR 170.910 for an individual who has completed the Department-approved EMT training course requirements, or Department- approved equivalent training, in accordance with provisions set out in the Department’s administrative requirements for temporary waivers. Application for such a waiver shall be submitted on a form provided by the Department and shall include: (1) a copy of the individual's current training card in basic life support cardiopulmonary resuscitation, as required in 105 CMR 170.810(C)(1); and (2) a copy of the individual's valid motor vehicle operator's license. (D) The application for a waiver shall be granted or denied within 30 days of receipt of the completed application. The Commissioner or his or her designee shall evaluate the waiver request and consider whether or not it is in the public interest to grant the waiver. The decision of the Commissioner or his or her designee shall be final. (E) All waivers granted pursuant to 105 CMR 170.275 are subject to revocation by the Department if the licensee or applicant for a license fails to abide by the requirements of the waiver. A licensee or applicant for a license whose waiver is revoked by the Department may appeal that action, in accordance with 105 CMR 170.760. (F) Waivers granted to ambulance services pursuant to 105 CMR 170.275 are coterminous with the service license and expire with the service’s license expiration date.