Petition and Waiver of Rules Information

 

The Georgia Composite Medical Board, in compliance with O.C.G.A. § 50-13-9.1(c), must provide to the public a register of all pending requests for variances and waivers and all approved variances and waivers. Requests for and approvals for a waiver of a rule or variance must be posted on the Medical Board web site as maintained by Georgia Net and the Georgia Technology Authority. Members of the public wishing to comment on any pending waiver or variance posted on this web page may do so in writing to the Georgia Composite Medical Board at the address listed in the heading of this web page. Please direct your comments to the attention of the Executive Director, or you e-mail your comments to us at medbd@dch.ga.gov.

Waiver or Variance Requests: An agency is authorized to grant a variance or waiver to a rule when a person subject to the rule adequately demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. A register of all pending requests for variances and waivers and all approved variances and waivers shall be maintained by the department granting the waiver or variance and shall be made available upon request to members of the public. The register and each entry on the register shall be posted on Georgia Net. Any member of the public, including interested parties, shall have the opportunity to submit written comments concerning proposed variances or waivers prior to the approval of a variance or waiver. Members of the public wishing to comment on any pending waiver or variance posted on this web page may do so in writing to the Georgia Composite Medical Board, 2 Peachtree Street, N.W. 36th Floor, Atlanta, Georgia 30303 or by e-mail at medbd@dch.ga.gov.  Please direct your comments to the attention of the Executive Director.

Except as provided in 50-13-19.1(h) of the Official Code of Georgia Annotated, a person who is subject to regulation by the Georgia Composite Medical Board may file a petition with the agency requesting a variance or waiver from the board’s rule. In addition to any other requirements which may be imposed by the agency (or board), each petition shall specify the following:

1.) The rule from which a variance or waiver is requested (request will not be processed without this information included in the petition);
2.) The type of action requested (by the petitioner);
3.) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety and welfare;
4.) The reason why the variance or waiver requested would serve the purpose of the underlying statute.

Exceptions to Waiver or Variance Requests: The provisions of O.C.G.A. § 50-13-9.1(c) shall not apply, as stipulated in O.C.G.A. § 50-13-19.1(h), and no variance or waiver shall be sought or authorized, when:

1.) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program;
2.) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities;
3.) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions;
4.) Any rule or regulation is promulgated or adopted by the Department of Community Health;
5.) Any rule or regulation is promulgated or adopted by the Department of Agriculture;
6.) Any rules, regulations, standards or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or,
7.) The granting of a waiver or variance would be harmful to the public health, safety, or welfare.

INSTRUCTIONS: Applicants seeking a "variance" or "waiver" of rules should download the "Petition For Variance or Waiver Form" and the "Waiver Form" below. Please complete the forms in their entirety. Do not leave any blank answers. Please mail your form to the address listed on this web page to the attention of the Executive Director. If you have questions regarding completing this form, please e-mail us at medbd@dch.ga.gov or call us at (404) 656-3913.

These forms are available on this web site and require the use of Adobe Acrobat Reader software. If you do not have Adobe Acrobat Reader software on your computer, please click here to download this free software. Please click on one of the following links to download the posted information or forms:

View Current Requests For Waivers

Petition for Waiver of Rules (Form)

If for any reason you are not able to access these forms, please call us at (404) 656-3913 and we will gladly mail you the pre-printed forms you are seeking. Alternatively, you may write to us at the address cited above to request the forms.

DISCLAIMER: Please note that staff of the Medical Board is prohibited from giving legal advice or an opinion regarding your application.  Any opinion given to you by a member of the Medical Board staff is not binding on the Board. Applicants for a variance or waiver of a rule may wish to consult an attorney of their choice for legal advice. This information and the necessary forms are provided in compliance with O.C.G.A. § 50-13-19.1(c) and as a convenience to the users of our web site.