San Francisco Administrative Code § 104.6 Waivers and Exclusions

(a) The provisions of Chapter 104 shall not apply to the extent that they are incompatible with any professionally reasonable clinical judgment that is based on articulable facts of clinical significance.

(b) A Covered Department, with the approval of the Human Rights Commission, may waive the requirements of this Chapter 104 in full or in part if the Covered Department determines that strict application of the requirements would not be feasible, would create an undue hardship, or that there are similar circumstances that warrant granting of the waiver. The Covered Department’s decision to grant a waiver shall be in writing and shall be delivered to the Clerk

of the Board of Supervisors. But, unless the entirety of Chapter 104 is waived, there can be no waiver of Sections 104.3(c) and 104.4.

(c) Some or all of the provisions of this Chapter 104 shall not apply where the Covered Department makes a written finding that the application or inclusion of such provisions would violate or be inconsistent with the terms or conditions of a grant, subvention, or contract with an agency of the State of California or the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or contract. (Added by Ord. 159-16, File No. 160362, App. 8/4/2016, Eff. 9/3/2016; amended by Ord. 127-25, File No. 250593, App. 8/1/2025, Eff. 9/1/2025)