Or. Admin. R. 333-700-0072 - Waivers

(1) While all outpatient renal dialysis facilities are required to maintain continuous compliance with the Division's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must be:
(a) Submitted to the Division in writing;
(b) Identify the specific rule for which a waiver is requested;
(c) The special circumstances relied upon to justify the waiver;
(d) Why the facility is unable to be in compliance, the alternatives considered and why the alternatives were not selected;
(e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and shall not jeopardize patient health and safety; and
(f) The proposed duration of the waiver.
(2) Upon finding that the facility has satisfied the conditions of this rule, the Division may grant a waiver.
(3) A facility may not implement a waiver until it has received written approval from the Division.
(4) During an emergency the Division may waive a rule that a facility is unable to meet, for reasons beyond the facility's control. If the Division waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which facilities are subject to the order, and how long the order shall remain in effect.


Or. Admin. R. 333-700-0072
PH 4-2012, f. 3-30-12, cert. ef. 4-1-12

Stat. Auth.: ORS 441.015 & 441.025

Stats. Implemented: ORS 441.025

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