Or. Admin. Code § 333-076-0246

Current through Register Vol. 63, No. 12, December 1, 2024
Section 333-076-0246 - Waivers
(1) While all ASCs are required to maintain continuous compliance with the Authority'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:
(a) Be submitted to the Authority in writing;
(b) Identify the specific rule for which a waiver is requested;
(c) Identify the special circumstances relied upon to justify the waiver;
(d) Explain why the ASC is unable to be in compliance, what alternatives were considered if any, and why alternatives (including compliance) 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) Include the proposed duration of the waiver.
(2) Upon finding that the ASC has satisfied the conditions of this rule, the Authority may grant a waiver.
(3) An ASC may not implement a waiver until it has received written approval from the Authority.
(4) During an emergency the Authority may waive a rule that a facility is unable to meet, for reasons beyond the facility's control. If the Authority 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. Code § 333-076-0246

PH 1-2019, adopt filed 01/07/2019, effective 1/7/2019

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.025