(a) Applicants or licensees seeking waivers of specific rules in He-P 810 shall submit a written request for a waiver to the commissioner that includes:
- (1) The specific reference to the rule for which a waiver is being sought;
- (2) A full explanation of why a waiver is necessary;
- (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 for which a waiver is sought or to provide a reasonable explanation why the applicable rule should be waived; and
- (4) The period of time for which the waiver is sought.
- (b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.
(c) A request for waiver shall be granted if the commissioner determines that the alternative proposed by the applicant or licensee:
- (1) Meets the objective or intent of the rule;
- (2) Does not negatively impact the health, safety, or well-being of the patients; and
- (3) Does not affect the quality of patient services.
- (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.
- (e) Waivers shall not be transferable.
- (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 the expiration of the existing waiver by submitting the information required by (a) above.
- (g) The request to renew a waiver shall be subject to (b) through (f) above.
Source. #8957, eff 7-27-07, EXPIRED: 7-27-15 New. #11039, INTERIM, eff 2-24-16, EXPIRES: 8-22-16; ss by #11161, eff 8-20-16; ss by #14074, eff 9-20-24, EXPIRES: 9-20-34 (formerly He-P 810.10)