Regulation .06 Waiver and Variances.

Upon written request by the program, the Director shall issue a written decision which may:

(1)

Grant a variance or waiver from a regulation if the:

(a)

Variance or waiver would not endanger the life or safety of a patient in a program; or

(b)

Intent of the regulation to which a variance or waiver is sought meets the alternative proposed by the program; or

(2)

Deny the variance or waiver.

The Director may grant a variance or waiver that:

(1)

Remains in effect for as long as the program continues to comply with the conditions under which the variance or waiver is granted; or

(2)

Is time limited.

The program is responsible for maintaining a copy of the decision in its certification file.