1. (1) While all birthing centers are required to maintain continuous compliance with the Oregon Health Authority's (Authority’s) rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conduct of pilot projects or research. A request for a waiver from a rule must:

   1. (a) Be submitted to the Authority in writing;
   2. (b) Identify the specific rule for which a waiver is requested;
   3. (c) Identify the special circumstances relied upon to justify the waiver;
   4. (d) Explain why the birthing center is unable to be in compliance, what alternatives were considered if any, and why alternatives (including compliance) were not selected;
   5. (e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the clients, to meet the individual and aggregate needs of clients, and shall not jeopardize client health and safety; and
   6. (f) Include the proposed duration of the waiver.
2. (2) Upon finding that the birthing center has satisfied the conditions of this rule, the Authority may grant a waiver.
3. (3) A birthing center may not implement a waiver until it has received written approval from the Authority.
4. (4) During an emergency, the Authority may waive a rule that a birthing center is unable to meet for reasons beyond the birthing’s center control. If the Authority waives a rule under this section, it shall issue an order, in writing, specifying which rules are waived, which birthing centers are subject to the order, and how long the order shall remain in effect.

Statutory/Other Authority

ORS 441.025

Statutes/Other Implemented

ORS 441.025

History

PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025