(1)    In this section, “waiver” means a waiver issued by the federal department of health and human services under 21 U.S. Code § 823 (g) (2) (A).

   (2)   With respect to the ability of an advanced practice nurse who is certified to issue prescription orders to obtain and practice under a waiver, a physician who meets any of the conditions specified in 21 U.S. Code § 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under 21 U.S. Code § 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.