Notice of Variances and Waivers

DEPARTMENT OF HEALTH
Division of Emergency Medical Operations
RULE NO: RULE TITLE
64J-1.003: Advanced Life Support Service License - Ground
NOTICE IS HEREBY GIVEN that on January 09, 2009, the Florida Department of Health, Division of Emergency Medical Operations, Bureau of Emergency Medical Services, received a petition for variance from subsection 64J-1.003(4), Florida Administrative Code, from Alachua County Department of Public Safety, Fire Rescue Section.
Nature of Rule: subsection 64J-1.003(4), F.A.C., requires each ALS permitted vehicle when available for call, to be equipped and maintained as approved by the medical director of the service in the vehicle minimum equipment list. The vehicle minimum equipment list shall include, at a minimum, one each of the items listed in Tables I and II. Table II, Equipment, paragraph (v) requires electronic waveform capnography capable of real-time monitoring and printing record of the intubated patient (effective 1/1/2008).
Petitioner has had a purchase order in to Medtronic Physio Control Corp. to install the waveform capnography since August 2006. Medtronic has been under an injunction by the FDA that has prevented them from installing the upgrade. Petitioner is awaiting the FDA clearance and is requesting temporary variance from this rule requirement until April 1, 2010.
All comments and requests for copies of the petition must be received in writing by February 6, 2009.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Alexander Macy, Administrative Assistant, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin #C18, Tallahassee, Florida 32399-1738, Fax (850)488-9408, email: alexander_macy@doh.state.fl.us.