Section He-M 1202.13 - Waivers(a) A CMHP may request a waiver of specific procedures outlined in this chapter, in writing, from the department.(b) A request for waiver shall include: (1) A specific reference to the section of the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary;(3) A full explanation of alternative provisions or procedures proposed by the agency or individual;(4) If the setting is certified, the date of certification;(5) Signature of the individual(s) or legal guardian(s) indicating agreement with the request; and(6) Signature of the CMHP's executive director or designee recommending approval of the waiver.(c) No provision or procedure prescribed by statute shall be waived.(d) The director shall grant the waiver if he or she determines that the alternative proposed meets the objective or intent of the rule and does not negatively impact the health or safety of the individual(s) .(e) Upon receipt of approval of a waiver request, the CMHP's or individual's subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered compliance with the rule for which waiver was sought.(f) Waivers shall be granted in writing for a specific duration not to exceed one year.(g) An agency or individual may request a renewal of a waiver from the department. Such request shall be made at least 90 days prior to the expiration of a current waiver and shall not exceed one year.N.H. Admin. Code § He-M 1202.13
#7957, eff 9-19-03; ss by #9978, INTERIM, eff 9-19-11, EXPIRES: 3-19-12
The amended version of this section by New Hampshire Register Volume 37, Number 23, eff.5/26/2017 is not yet available.