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.