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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3701-44-04 | Waiver.


(A) Upon request from an applicant, client, or the HIV-treating physician or nurse practitioner, or authorized representative of an applicant or client, the director may waive any part of this chapter. A request for a waiver shall be accompanied by documentation supporting the request. The director may request additional documentation prior to making a decision. Waiver requests are subject to paragraph (B) of this rule.

(B) The director may not grant a waiver request if the approval of the request is contrary to any of the following:

(1) The established standard of care for the treatment of HIV;

(2) The public interest;

(3) Federal or state law;

(4) The federal requirements for the Ryan White part B funding; or

(5) There are insufficient funds to support a waiver request.

(C) The director's decision pursuant to a waiver request is final and not subject to further review.

Supplemental Information

Authorized By: 3701.241
Amplifies: 3701.241
Five Year Review Date: 1/28/2024
Prior Effective Dates: 9/23/1991 (Emer.), 12/22/1991, 5/20/1999, 7/20/2001, 8/2/2009, 11/4/2011