Section 142.200 - Waiver of Requirements Imposed on Birth Centers(A) The Commissioner or his or her designee may waive the applicability to a particular free-standing birth center of one or more of the requirements imposed on free-standing birth centers by 105 CMR 142.000 if upon inspection of the birth center the Department finds that: (1) compliance would cause undue hardship to the birth center;(2) the birth center is in substantial compliance with the spirit of the requirement; and(3) the birth center's non-compliance does not jeopardize the health or safety of its clients and does not limit the birth center's capacity to give adequate care.(B) Waiver provisions set forth in 105 CMR 130.050: Waiver of Requirements Imposed on Hospitals are applicable to hospital-affiliated birth centers.(C) If a birth center is located in a geographically isolated area as defined by the Department, the Department may waive the distance requirement set forth in 105 CMR 142.150 provided that the birth center demonstrates that the nurse-midwives are trained to perform neonatal resuscitation.Amended by Mass Register Issue 1272, eff. 10/24/2014.