N.M. Admin. Code § 7.30.15.14 - WAIVERS

A. An SBHC system must notify the program within 20 calendar days of any change that brings an SBHC out of compliance with the certification requirements. An SBHC system must submit a request to the program that includes an explanation of the non-compliant requirement, a plan for corrective action, and date for meeting compliance.

B. The program will review the waiver request and inform the SBHC system of approval or denial of the waiver within two weeks of submission.

C. If the waiver is approved, the SBHC must comply with certification requirements by the identified deadline for compliance.

D. If a waiver is denied; an SBHC site or system does not come into compliance by the deadline for compliance stated on the waiver; or an SBHC is out of compliance with certification requirements and has not submitted a waiver, the program may, within its discretion:

(1) require the SBHC to complete an additional waiver with an updated plan for corrective action and updated date for meeting compliance;

(2) issue a written warning with a timeline for corrective action; or

(3) issue a notice of contemplated action to suspend or revoke SBHC certification(s) or take other disciplinary action in accordance with this rule.

E. An SBHC site with its certification status suspended may have its suspension lifted once the program determines that compliance with certification requirements has been satisfactorily achieved.

F. An SBHC that has been decertified may reapply.

G. If these rules are amended in a manner that requires an SBHC to make any operational changes, the program will allow the SBHC system until the beginning of the next certification year or a minimum of 90 days to come into compliance.

H. The New Mexico school based health center program reserves the right to review any or all selected standards for compliance at all certified sites with a minimum notification of at least five center working days if issues of compliance are raised or come into question.

Notes

N.M. Admin. Code § 7.30.15.14

Adopted by New Mexico Register, Volume XXXVI, Issue 09, May 6, 2025, eff. 5/6/2025