3701-7-06 Maternity units: variances and waivers.

(A) Upon written request of a maternity unit, the director may grant:

(1) A variance from any requirement in rules 3701-7-02 to 3701-7-05 of the Administrative Code if the director determines that the intent of the requirement has been met in an alternative manner; or

(2) A waiver from any requirement in rules 3701-7-02 to 3701-7-05 of the Administrative Code if the director determines that the strict application of the requirement would cause an undue hardship to the maternity unit and that granting the waiver would not jeopardize the health and safety of any patient.

(B) In granting a variance or waiver, the director shall stipulate a time period for which the variance and waiver is to be effective and shall establish conditions the maternity unit must meet for the variance or waiver to be operative.

(C) The decision regarding a variance or waiver is a discretionary act by the director and an informal procedure not subject to Chapter 119. of the Revised Code. The director’s decision shall be based on documentation of the following:

(1) In the case of a variance request, the alternative means by which the maternity unit is meeting the intent of the requirement; and

(2) In the case of a waiver request, the undue hardship caused by the requirement and the reasons why a waiver of the requirement will not jeopardize the health and safety of any patient.

Effective: 08/01/2008

R.C. 119.032 review dates: 03/26/2008 and 03/01/2013

Promulgated Under: 119.03

Statutory Authority: 3701.34, 3711.02

Rule Amplifies: 3711.02, 3711.05, 3711.06

Prior Effective Dates: 7/15/1976, 4/30/03