Or. Admin. R. 333-076-1065

Current through Register Vol. 63, No. 8, August 1, 2024

Section 333-076-1065 - ESC Waivers

(1) While all ESCs 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 be:

(a) Submitted to the Authority 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 ESC 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 ESC has satisfied the conditions of this rule, the Authority may grant a waiver.

(3) An ESC 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. R. 333-076-1065

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

Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50

Statutes/Other Implemented: ORS 441.025 & OL 2018 Chapter 50