1. (a) Applicants or ATCs seeking waivers of specific rules in He-C 402 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, and, if applicable, a proposed alternative;
   3. (3) How the granting of the waiver would not negatively impact the health, safety, and well-being of qualifying patients and the public and would not negatively affect the quality of services provided to qualifying patients; and
   4. (4) The period of time for which the waiver is sought.
2. (b) No provision of statute shall be waived by the department.

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

   1. (1) Meets the objective or intent of the rule;
   2. (2) Does not negatively impact the health, safety, or well-being of the qualifying patients or public; and
   3. (3) Does not negatively affect the quality of qualifying patient services.
4. (d) The ATC’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) Waivers shall not be transferable.

6. (f) When an ATC wishes to renew a waiver beyond the approved period of time, the ATC shall apply for a new waiver by submitting the information required by (a) above, and any other relevant information that supports the continuation of the waiver:

   1. (1) When the ATC submits its application for registration renewal pursuant to He-C 402.06(b) and (c); or
   2. (2) At least 30 days prior to the expiration of the waiver if the waiver expires on a date other than the expiration date of the registration.
7. (g) The request to renew a waiver shall be subject to (b) through (f) above.

Source. #10731, eff 11-25-14; ss by #12653, eff 11-1-18