1. (1) A Crisis Stabilization Center may request a variance to these rules. The Crisis Stabilization Center must submit the variance request directly to the Division using the Division approved form.

2. (2) The variance request must include:

   1. (a) A description and applicable details of the variance requested, including the specific rule for which the variance is sought;
   2. (b) The rationale and necessity for the requested variance;
   3. (c) The alternative practice proposed, where relevant; and
   4. (d) The proposed duration of the variance, including a plan and timetable for compliance with the rule exempted or adjusted by the variance.
3. (3) The Division shall approve or deny the variance request and include an expiration date for the variance not to exceed the length of the provider’s current certificate.
4. (4) A variance granted by the Division becomes part of the certificate.
5. (5) Failure by the Crisis Stabilization Center to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance may result in the Division withdrawing approval for a variance.
6. (6) Failure by the Crisis Stabilization Center to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance such that the health or safety of an individual is jeopardized to the degree that cessation of services by the Crisis Stabilization Center is considered necessary to prevent harm to an individual may result in the Division taking action on the certificate.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.624, 430.626 - 430.630, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 426.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026