1. (a) An individual seeking waivers of specific rules in He-C 401 shall submit a written request for a waiver to the department that includes:

   1. (1) The specific reference to the rule for which a waiver is being sought;
   2. (2) A full explanation of why a waiver is necessary;
   3. (3) A full explanation of alternatives proposed, which shall be equally as protective of public and patient health and safety as the rule from which a waiver is sought; and
   4. (4) The period of time for which the waiver is sought.
2. (b) Waivers shall not exceed 12 months, or the current registry identification card expiration date.

3. (c) A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or licensee:

   1. (1) Meets the objective or intent of the rule for which the waiver is sought; and
   2. (2) Does not negatively impact the health or safety of any qualifying patient or the public.
4. (d) The individual’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
5. (e) No provision or procedure prescribed by statute shall be waived.

Source. (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)