50-6-325. Waiver of licensing requirements. (1) The department may waive any licensing requirements under this part upon submission and approval of a written application for waiver by a person subject to licensing under this part.

Terms Used In Montana Code 50-6-325

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-302
  • Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-6-302
  • Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 50-6-302

(2)The department may waive a licensing requirement if the person provides sufficient justification to allow a finding by the department that:

(a)the waiver is necessary to avoid significant financial or other hardship; and

(b)granting the waiver would not jeopardize patient care or the public health and safety.

(3)A waiver must be issued on a temporary basis, not exceeding 6 months, and may be renewed by the department upon submission and approval of an additional application for waiver of licensing requirements.

(4)A waiver granted by the department may be revoked for good cause after notice and an opportunity for a hearing before the department have been provided to the person affected by the department’s action.