OAR 309-018-0215
Variances

(1) Variances may be granted to a provider holding a license under this rule:

(a) If there is a lack of resources to implement the standards required in these rules; or

(b) If implementation of the proposed alternative services, methods, concepts, or procedures results in improved outcomes for the individual.

(2) Application for a variance:

(a) Providers may submit their variance request directly to the Division;

(b) Providers requesting a variance shall submit a written application to the Division; and

(A) The section of the rule from which the variance is sought;

(B) The reason for the proposed variance;

(D) A proposal for the duration of the variance; and

(E) A plan and timetable for compliance with the section of the rule for which the variance applies.

(3) The Division shall approve or deny the request for a variance and shall notify the provider in writing of the decision to approve or deny the requested variance within 30 days of receipt of the variance. The written notification shall include the specific alternative practice, service, method, concept, or procedure that is approved and the duration of the approval.

(4) Appeal of the denial of a variance request shall be made in writing to the Chief Officer of the Division, whose decision shall be final and shall be provided in writing within 30 days of receipt of the appeal.

(5) The LMHA, CMHP, or provider may implement a variance only after written approval from the Division.

(6) The provider shall submit a request to extend a variance in writing prior to a variance expiring. Extensions shall be approved in writing by the Division.

(7) Granting a variance for one request does not set a precedent that shall be followed by the Division when evaluating subsequent requests for variance.

Source: Rule 309-018-0215 — Variances, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-018-0215.

309‑018‑0100
Purpose and Scope 309‑018‑0105
Definitions 309‑018‑0107
Certification Required 309‑018‑0110
Provider Policies 309‑018‑0115
Individual Rights 309‑018‑0125
Specific Staff Qualifications and Competencies 309‑018‑0130
Documentation, Training, and Supervision 309‑018‑0135
Entry 309‑018‑0140
Assessment 309‑018‑0145
Service Plan and Service Notes 309‑018‑0150
Service Record 309‑018‑0155
Transfer and Continuity of Care 309‑018‑0160
Co-Occurring Mental Health and Substance Use Disorders (COD) 309‑018‑0165
Residential Problem Gambling Treatment Services 309‑018‑0170
Culturally Specific Substance Use Disorders Treatment and Recovery Services 309‑018‑0180
Residential Substance Use Disorders Treatment and Recovery Programs 309‑018‑0185
Medical Protocols in Residential Substance Use Disorders Treatment Programs 309‑018‑0190
Administration of Medications 309‑018‑0200
Facility Standards for Substance Use Disorders and Problem Gambling Residential Treatment and Recovery Programs 309‑018‑0205
Quality Assessment and Performance Improvement 309‑018‑0210
Grievances and Appeals 309‑018‑0215
Variances

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 309-018-0215 Variances

OAR 309-018-0215
Variances