7 AAC 72.030. Waiver of requirements

(a) Upon request by a facility administrator, the commissioner or the commissioner's designee will waive a provision of this chapter if the administrator

(1) provides an alternative method that reasonably assures, to the satisfaction of the commissioner or the commissioner's designee, the same level of protection and treatment that the provision sought to be waived affords the patient; and

(2) demonstrates, to the satisfaction of the commissioner or the commissioner's designee, that the waiver does not result in a violation of a requirement of AS 47.30.660 - 47.30.915 or 7 AAC 12.

(b) A request for a waiver from a provision of this chapter must be in writing and must

(1) identify the provision for which a waiver is sought;

(2) explain the reasons why the facility cannot comply with the provision;

(3) describe the alternative method proposed to satisfy the requirement in (a)(1) of this section; and

(4) describe the facility's plan for complying with the provision, including a time schedule for compliance.

(c) The department will rescind a waiver granted under this section if the department determines that the facility in not in compliance with (a)(1) and (2) of this section.

History: Eff. 3/30/85, Register 93; am 3/16/2001, Register 157

Authority: AS 47.30.660

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