Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes
Section 10.21.16.09 - Waivers and Variances
Universal Citation: MD Code Reg 10.21.16.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Waivers. The Secretary may not waive the requirements of any regulation adopted under:
(1) This chapter;
(2) COMAR 10.21.17; or
(3) The chapter under this subtitle that
outlines the requirements for a specific program.
B. Variances.
(1) A program that is approved under
Regulation .08 of this chapter may apply for a variance.
(2) When a program is approved under
Regulation .08 of this chapter, the Secretary may grant a variance for a
regulation if the Secretary:
(a) Receives a
written request from a program on the form required by the Administration;
and
(b) Finds that the intent of
the regulation to which a variance is sought is met by the alternative proposed
by the program.
(3) The
Secretary may not grant a variance that would endanger the health or safety of
the individuals served.
(4) The
Secretary may grant a variance that:
(a)
Remains in effect for as long as the program continues to comply with the
conditions under which the variance is granted; or
(b) Is time limited.
(5) The Secretary shall:
(a) Issue a written decision, including the
reason or reasons for granting or not granting the variance;
(b) Send the decision to the:
(i) Program director;
(ii) CSA; and
(iii) Department's designated approval unit;
and
(c) Enter the
decision in the records of the Department.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
