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(a) A donor or eligible recipient may request a waiver or variance from the board with regard to any rule related to this program upon a showing that such action would be in the interest of public health and safety.

(b) The board and its rules have sole regulatory authority over the program. Notwithstanding any rule to the contrary:

(1) A person or entity may dispose of an eligible drug by donating it to an eligible recipient in accordance with the rules of this program.