New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 6000 - OPHTHALMIC DISPENSING
Part He-P 6003 - COMPLAINTS, DISCIPLINARY ACTION, REVOCATION, DENIAL
Section He-P 6003.05 - Waivers

Universal Citation: NH Admin Rules He-P 6003.05

Current through Register No. 40, October 3, 2024

(a) Applicants or registrants seeking waivers of specific rules in this chapter shall submit a written request for waiver to the commissioner which includes the following:

(1) Specific reference to the rule for which a waiver is being sought;

(2) Full explanation of why a waiver is necessary; and

(3) Full explanation of alternatives proposed by the applicant or registrant, which shall be equally as protective of public health as the rule from which a waiver is sought.

(b) The commissioner shall approve a request for waiver if:

(1) The commissioner concludes that authorizing deviation from strict compliance with the rule from which waiver is sought does not contradict the intent of the rule;

(2) The alternative proposed by the applicant or registrant ensures that the objective or intent of the rule from which waiver is sought will be accomplished: and

(3) The alternative proposed by the applicant or registrant does not violate any statutory provision.

(c) If a waiver is approved, the applicant's or registrant's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(d) No waiver shall be granted for a period to exceed 2 years.

#7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13

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