W. Va. Code R. § 69-12-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 69-12-12 - Waivers and Variances

12.1. The Secretary may grant a waiver or variance to the provisions of this rule under any of the following circumstances:

12.1.1. A strict application of the rule clearly would be impractical and if any alternate arrangements are not detrimental to the health or safety of the patients or employees of the program;

12.1.2. A waiver, variance, or extension of a provisional registration is necessary under extraordinary circumstances or otherwise to protect public health;

12.1.3. The waiver or variance serves the best interests of patient safety and quality of care; or

12.1.4. A variance is granted pursuant to W. Va. Code § 16-5Y-5(e).

12.2. Any waiver or variance approved by the Secretary shall be in writing.

12.3. All waivers or variances shall be reviewed at least annually by the designated state oversight agency.

W. Va. Code R. § 69-12-12