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Clinics are not forced to close their doors if they can demonstrate a good faith effort to employ one of the required nonphysician providers . With one exception for emergency treatment situations , the proposal would require that the good faith effort to obtain the written acknowledgment be made no later than the date of first service delivery , including service delivered electronically . The Board will hear requests to send additional representatives but the organization ( s ) should be prepared to explain it ’ s rationale for the additional representatives and show a good faith effort to fundraise conference expenses . The " taken as a whole " standard reflects a recognition that not every department or agency , local or tribal jurisdiction , community or individual responder will have completed all the requirements , but , that taken as a whole , most did and that good faith efforts were underway to achieve full compliance . Make a good faith effort to notify consumers about the refund program in future advertisements or print notices about Vioxx.5 . Each state agency is required to make a good faith effort to use HUBs in contracts for heavy construction , building construction , special trade , professional services and other services , and commodities purchases . The penalty is to ensure that everyone makes that good faith effort so that an active credit market is created and to ensure that generators are engaged in thinking about how to generate renewables ( or incorporate them into their resource portfolio ) at least cost , instead of seeking ways out of the program . Upon prima facie proof of such failure , the employer shall then bear the burden of proving that he has met or is meeting his goals or has made a good faith effort to meet his goals . It does not fully succeed , however , in that good faith effort . These good faith efforts do not deserve the punishment of a lawsuit .