Minnesota Administrative Rules

4655.1010 CRITERIA FOR EVALUATION.

The decision to grant or deny a variance or waiver shall be based on the department's evaluation of the following criteria:

A.

the variance or waiver will not adversely affect the health, treatment, comfort, safety, or well-being of a patient or resident;

B.

the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rules; and

C.

compliance with the rule or rules would impose an undue burden upon the applicant.

Statutory Authority:

MS s 144.56; 144A.02 to 144A.08

Published Electronically:

January 19, 2005