Power of Oregon Health Authority to grant exemptions or variances; rules

(1)(a) The Oregon Health Authority may grant exemptions or variances from one or more of the requirements of ORS 820.330 to 820.380 or this chapter or the rules adopted under ORS 820.330 to 820.380 or this chapter to any class of vehicles if the authority finds that compliance with the requirement or requirements is inappropriate: (A) Because special circumstances exist that would render compliance unreasonable, burdensome or impractical because of special conditions or cause; or (B) Because compliance would result in substantial curtailment of necessary ambulance service. (b) Exemptions or variances granted under this subsection may be limited in time or may be conditioned as the authority considers necessary to protect the public welfare. (2) In determining whether or not a variance shall be granted, the authority: (a) May receive the advice of the Emergency Medical Services Advisory Board; and (b) In all cases, shall weigh the equities involved and the advantages and disadvantages to the welfare of patients and the owners of vehicles. (3) Rules under this section shall be adopted, amended or repealed in accordance with ORS 183.330.