OAR 333-027-0170: Waivers

(1) While all agencies are required to maintain continuous compliance with these 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 submitted to the Oregon Health Authority (Authority) in writing and include the following information: (a) Identification of the specific rule for which a waiver is requested; (b) The special circumstances relied upon to justify the waiver; (c) What alternatives were considered, if any, and why alternatives (including compliance) were not selected; (d) Information demonstrating 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 will not jeopardize patient health and safety; (e) For an initial waiver request or any request to renew a waiver, a description of the following: (A) Possible impacts that the proposed waiver may have on persons from different backgrounds and cultures, including but not limited to individuals of color, individuals with disabilities, individuals with limited English proficiency, people or households with lower incomes, and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary, or another minority gender identity or another sexual orientation; (B) How the impact was determined; and (C) Proposed steps to mitigate the impact on disproportionately affected populations; and (f) The proposed duration of the waiver. (2) Upon finding that the agency has satisfied the conditions of this rule, the Authority may grant a waiver. (3) An agency 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 an agency is unable to meet, for reasons beyond the agency's control. If the Authority waives a rule under this section, it shall issue an order, in writing, specifying which rules are waived, which agencies are subject to the order, and how long the order shall remain in effect.