1. (a) Applicants or licensees seeking waivers of specific rules in He-P 802 shall submit a written request for a waiver to the commissioner 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
   3. (3) A full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health and patients as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived.
2. (b) Waivers shall be permanent unless the department specifically places a time limit on the waiver.

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;
   2. (2) Does not have the potential to negatively impact the health or safety of the patients; and
   3. (3) Does not negatively affect the quality of patient services.
4. (d) The licensee’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 a licensee wishes to renew a non-permanent waiver beyond the approved period of time, the licensee shall apply for a new waiver with the renewal application or at least 60 days prior to expiration of the existing waiver, as appropriate, by submitting the information required by (a) above.
7. (g) The request to renew a waiver shall be subject to (b) through (f) above.

Source. #2044, eff 6-3-82; ss by #3193, eff 1-28-86, EXPIRED: 1-28-92; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5846, eff 6-22-94, EXPIRED: 6-22-00 New. #9580, eff 10-24-09; ss by #12407, INTERIM, eff 10-24-17, EXPIRED: 4-22-18 New. #13166, eff 1-28-21; ss by #14081, eff 9-25-24, EXPIRES: 9-25-34 (formerly He-P 802.10)