# COMAR Title 10 — Maryland Department of Health

## Subtitle 63 — Community-Based Behavioral Health Programs and Services

### Chapter 06 — Application and Licensure Process

#### Regulation .08 Waivers and Variances.

*COMAR 10.63.06.08*

A. Waivers. The Administration may not grant waivers of:

  (1) The requirements of any regulation adopted under this subtitle; or

  (2) Any accreditation standard.

B. Variances.

  (1) If a program is licensed under this chapter, the Administration may grant a variance for a regulation if the Administration:

    (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.

  (2) Any variance granted by the Administration shall:

    (a) Remain in effect for as long as the program continues to comply with the conditions under which the variance is granted; or

    (b) Be time-limited.

  (3) The Administration may not grant a variance:

    (a) That would endanger the health or safety of the individuals served; or

    (b) For any accreditation standard.

  (4) The Administration shall:

    (a) Issue a written decision on the request for a variance, including the reason or reasons for granting or not granting the variance;

    (b) Send the decision to the:

      (i) Program director;

      (ii) CSA, LAA, or LBHA, as appropriate; and

      (iii) Department’s designated approval unit; and

    (c) Enter the decision in the records of the Administration.