Subject to subd. 5., the department may waive the requirement under subd. 3. a. or b. if all of the following apply: a.
(a)#
The nursing facility demonstrates to the satisfaction of the department that the nursing facility has been unable, despite diligent efforts including offering wages at the community prevailing rate for nursing facilities, to recruit appropriate personnel.
(b)#
The department determines that a waiver of the requirement will not endanger the health or safety of nursing facility residents.
(c)#
The department finds that a registered professional nurse or a physician is obligated to respond immediately to telephone calls from the nursing facility for any periods in which licensed nursing services are not available.