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2011 SESSION
11101862DBe it enacted by the General Assembly of Virginia:
1. That § 32.1-111.9 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-111.9. Applications for variances or exemptions.
A. Prior
to the submission of (i)
an application for a variance to the Commissioner of Health or (ii) an application for
an exemption from any regulations promulgated pursuant to this chapter to the
Board of Health by an agency, or governmental entity, or provider licensed or
certified by the Office of Emergency Medical Services of
an application for a variance, or to the Board of Health for an exemption from
any regulations promulgated pursuant to this chapter, the
application shall be reviewed by the governing body or
chief administrative officer of the jurisdiction in which
the principal office or legal residence
of the agency, or governmental entity, or provider licensed or
certified by the Office of Emergency Medical Services is located. The
recommendation of the governing body or chief
administrative office of the local government regarding the
variance or exemption shall be submitted with the application; and, absent compelling reasons to the contrary,
the Commissioner or Board, whichever is appropriate, shall adopt consider
that recommendation for the purposes of granting or denying the variance or
exemption.
B. A provider who is certified 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 of the agency with which the provider is affiliated, and shall include the recommendations of such Operational Medical Director together with the application for a variance or exemption.
C. 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.).