1. (a) A CMHP or consumer may request a waiver of specific procedures outlined in this chapter, in writing, from the department.

2. (b) A request for waiver shall include:

   1. (1) A specific reference to the section of the rule for which a waiver is being sought;
   2. (2) A full explanation of why a waiver is necessary; and
   3. (3) A full explanation of alternative provisions or procedures proposed by the CMHP or consumer.
3. (c) No provision or procedure prescribed by statute shall be waived.

4. (d) A request for waiver shall be granted after the commissioner determines that the alternative proposed by the CMHP or consumer meets the objective or intent of the rule and:

   1. (1) Does not negatively impact the health or safety of the consumer(s); or
   2. (2) Is administrative in nature, and does not affect the quality of consumer care.
5. (e) Upon receipt of approval of a waiver request, the CMHP’s or consumer'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.
6. (f) Waivers shall be granted in writing for a specific duration not to exceed 5 years except as in (g) below.

7. (g) Those waivers which relate to the following shall be effective for the CMHP’s current certification period only:

   1. (1) Fire safety; or
   2. (2) Other issues relative to consumer health, safety or welfare that require periodic reassessment.
8. (h) A CMHP or consumer 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.

Source. #6644, eff 12-2-97; ss and moved by #8155, eff 9-2-04 (from He-M 401.17), EXPIRED: 9-2-12 New. #10256, INTERIM, eff 1-24-13, EXPIRES: 7-23-13; ss by #10383, eff 7-23-13