Waiver of rules
Applied in 3 court decisions — leading case 984 F. Supp. 2d 912 - Planned Parenthood of Indiana & Kentucky, Inc. v. Commissioner, Indiana State Department of Health (2013)
Most recently applied in Whole Woman's Health Alliance v. Hill (May 2019)
As added by P.L.2-1993, SEC.4
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 9. (a) The state health commissioner may, for good cause shown, waive a rule:
(1) adopted under this chapter; or
(2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article.
(b) A waiver may not be granted unless the requesting party affirmatively demonstrates that the waiver will not adversely affect or increase any risk to the health, safety, or welfare of existing or potential residents or patients.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.