(1)Each agency must comply with ORS Chapter 443 (Residential Care) and OAR chapter 333, division 027. However, an agency may request that the Division grant an exception to these rules for the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. If an agency seeks an exception to the Division’s rules, it must:
(a)Submit the request in writing to the Division;
(b)Identify the specific rule for which an exception is requested;
(c)Explain the special circumstances relied upon to justify the exception;
(d)List any alternatives that were considered and the reasons those alternatives were not selected;
(e)Demonstrate that the proposed exception is desirable to maintain or improve the health and safety of the patients and will not jeopardize patient health and safety; and
(f)State the proposed duration of the exception.
(2)After reviewing the written request, the Division may grant the exception. If the Division grants an exception, it shall issue its decision in writing.
(3)An agency may not implement any exception until it has received the Division’s written approval of the exception.
Rule 333-027-0170 — Waivers,