Section 22-B2610. VARIANCES

 

2610.1A maternity center required to perform an act by the provisions of this chapter shall be granted a variance under this section by the Director excusing the performance, either in whole or in part, upon a finding by the Director that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or impracticability, from bringing the maternity center affected into full compliance with all requirements of this chapter.

 

2610.2A maternity center requesting a variance shall submit in writing to the Director the following:

 

(a)The regulatory requirement(s) for which a variance from strict compliance is being requested;

 

(b)Specific justification as to why the maternity center cannot meet the requirement(s); and

 

(c)Alternative measures provided to ensure quality care and services consistent with this chapter.

 

2610.3The Director may grant a variance from any of the requirements of the Act and rules of this chapter, if the variance can satisfy the following conditions, and when compensating factors are present to give adequate protection to the public health without impairing the intent and purpose of the Act or rules of this chapter:

 

(a)The applicant can show undue hardship by reason of excessive structural or mechanical difficulty or impracticality;

 

(b)It is consistent with other provisions of the Act;

 

(c)It is not deleterious to the patient's health and safety; and

 

(d)It would not have the effect of permitting a violation of other laws or regulations of the District of Columbia.

 

2610.4The Director shall grant a variance only to the extent necessary to ameliorate an undue hardship.

 

2610.5If the Director determines that the conditions in § 2610.3 are not met, the Director shall issue a written proposed denial together with advice to the applicant as to his or her right to a hearing on the matter which shall be conducted by the Director in accordance with this chapter.

 

2610.6The Director shall maintain a record, open to inspection by the public, of all variances granted. The record shall contain a complete written explanation of the basis for each variance.

 

2610.7The Director shall not be authorized to delegate any authority granted to him or her in this section.

 

source

Notice of Final Rulemaking published at 46 DCR 2779 (March 19, 1999); as amended by Corrected Notice of Final Rulemaking published at 46 DCR 3970 (April 30, 1999).