Notice of Variances and Waivers

DEPARTMENT OF HEALTH
Division of Emergency Medical Operations
RULE NO: RULE TITLE
64J-1.010: Voluntary Inactive Certification
NOTICE IS HEREBY GIVEN that on March 20, 2009, the Florida Department of Health, Division of Emergency Medical Operations, Bureau of Emergency Medical Services (EMS) has issued an order.
A petition was filed by Sean Hessel with the Department of Health on January 15, 2009, and published in the Florida Administrative Weekly on January 30, 2009, requesting a waiver from paragraph 64J-1.010(3)(d), Florida Administrative Code, which requires that a paramedic whose certificate has been on inactive status for more than one year to pass the paramedic certification examination.
The Department of Health, Bureau of EMS has granted the request for waiver. The general basis for this decision was that Petitioner met the general requirements for waiver:
(a) Petitioner has demonstrated that the purpose of the underlying statute has been achieved as he never meant to put his license in an inactive status, but has continued working as a paramedic and completed all of his required training.
(b) A substantial economic hardship would be placed upon Petitioner as he would be unable to continue his current employment.
(c) Principles of fairness would be violated should Petitioner be required to adhere to the current rule as he was not given proper notice of his inactive status or given an opportunity to correct his mistake before the one year deadline.
Wherefore, based on the Findings of Fact and Conclusions of Law, the petition for waiver has been granted and allows Sean Hessel to renew his paramedic license without requiring he pass the paramedic certification exam for the 2008-2010 biennium.
A copy of the Order may be obtained by contacting: Lisa Walker, Government Analyst II, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin C18, Tallahassee, FL 32399, Lisa_Walker2@doh.state.fl.us or (850)245-4440, ext. 2733.