§ 87209 — Program Flexibility

(a)  The use of alternate concepts, programs, services, procedures, techniques, equipment, space, personnel qualifications or staffing ratios, or the conduct of experimental or demonstration projects shall not be prohibited by these regulations provided that:

(1)  Such alternatives shall be carried out with provisions for safe and adequate services.

(2)  A written request for a waiver or exception and substantiating evidence supporting the request shall be submitted in advance to the licensing agency by the applicant or licensee.

(3)  Prior written approval of the licensing agency shall be received.

(A)  In determining the merits of each request, the licensing agency shall use as guidelines the standards utilized or recommended by well-recognized state and national organizations as appropriate.

(B)  The licensing agency shall provide written approval or denial.

(b)  Unless prior written approval of the licensing agency is received, all community care facilities shall maintain continuous compliance with the licensing regulations.

NOTE:  Authority cited:  Section 1530, Health and Safety Code.  Reference:  Section 1530 and 1569.31, Health and Safety Code.