For each person licensed or regulated by the department that the department may inspect:

     (1)  the department may conduct additional inspections based on a schedule of risk-based inspections using the following criteria:

     (A)  the type and nature of the person;

     (B)  whether there has been a prior violation by the person;

     (C)  the inspection history of the person;

     (D)  any history of complaints involving the person; and

     (E)  any other risk-based factor identified by the department; and

     (2)  the department may waive any inspection requirement under law if an emergency arises or to accommodate complaint investigation or risk-based inspection schedules.