Iowa Administrative Code
Agency 481 - Inspections and Appeals Department
Inspections Division
Chapter 41 - Psychiatric Medical Institutions for Children (PMIC)
Rule 481-41.5 - Waivers
Universal Citation: IA Admin Code 481-41.5
Current through Register Vol. 47, No. 6, September 18, 2024
Waivers from these rules may be granted by the director of the department:
1. When the need for a waiver has been established; and
2. When there is no danger to the health, safety, welfare or rights of any child.
The waiver will apply only to a specific PMIC.
Waivers shall be reviewed at the time of each licensure survey by the department to determine continuing need.
(1) To request a waiver, the licensee must:
a. Apply in writing on a form provided by the
department;
b. Cite the rule or
rules from which a waiver is desired;
c. State why compliance with the rule or
rules cannot be accomplished;
d.
Explain how the waiver is consistent with the individual program plans;
and
e. Demonstrate that the
requested waiver will not endanger the health, safety, welfare or rights of any
child.
(2) Upon receipt
of a request for waiver, the director shall:
a. Examine the rule from which the waiver is
requested;
b. Evaluate the
requested waiver against the requirement of the rule to determine whether the
request is necessary to meet the needs of the children; and
c. Examine the effect of the requested waiver
on the health, safety or welfare of the children.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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