(a) Applicants or licensees seeking waivers of specific rules in He-P 811, 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 from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived; and
- (4) The period of time for which the waiver is sought if the waiver request is not for a permanent waiver.
- (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 have the potential to negatively impact the health, safety, or well-being of the patients; and
- (3) Does not negatively 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 an existing 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, as appropriate, by submitting the information required by (a) above.
- (g) If the request in (f) above is not received with the renewal application or at least 60 days prior to the expiration of the existing waiver , the rule(s) for which the waiver was previously requested shall not continue to be waived beyond the expiration of the current license.
- (h) The request to renew a waiver shall be subject to (b) through (f) above.
Source. #9963, eff 7-28-11; ss by #12827, INTERIM, eff 7-20-19, EXPIRED: 1-16-20 New. #12985, eff 1-29-20; ss by #14206, eff 2-28-25 (formerly He-P 811.10)