This section establishes the process by which the DC Department of Behavioral Health may grant providers an exemption from certification standards upon good cause shown, provided the exemption does not jeopardize health, safety, individual rights, or the intent of the rules. Exemptions are time-limited to the certification period and must be requested in writing. The Department retains authority to revoke any exemption at any time if health, safety, or welfare concerns arise.
View official source8003 CERTIFICATION: EXEMPTIONS FROM STANDARDS 8003.1 Upon good cause shown, including but not limited to a conflict between a certification standard and a provider’s third-party contract or agreement, the Department may exempt a provider from a certification standard if the exemption does not jeopardize the health and safety of individuals or staff, violates an individual’s rights, or otherwise conflict with the purpose and intent of these rules. 8003.2 If the Department approves an exemption, such exemption shall end on the expiration date of the program certification, or at an earlier date if specified by the Department, unless the provider requests renewal of the exemption prior to expiration of its certificate or the earlier date set by the Department. 8003.3 The Department shall revoke an exemption at any time if it determines that the exemption may jeopardize the health, safety or welfare of the individuals served, staff, volunteers and/or the general public. 8003.4 All requests for an exemption from certification standards must be submitted in writing to the Department. SOURCE: Final Rulemaking published at 68 DCR 1623 (February 5, 2021). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 8003