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§ 131E-84. Waiver of rules for hospitals that provide temporary shelter or temporary services during a disaster or emergency.

§ 131E‑84.  Waiver ofrules for hospitals that provide temporary shelter or temporary services duringa disaster or emergency.

(a)        The Division ofHealth Service Regulation may temporarily waive, during disasters oremergencies declared in accordance with Article 1 of Chapter 166A of theGeneral Statutes, any rules of the Commission pertaining to a hospital to theextent necessary to allow the hospital to provide temporary shelter andtemporary services requested by the emergency management agency. The Divisionmay identify, in advance of a declared disaster or emergency, rules that may bewaived, and the extent to which the rules may be waived, upon a declaration ofdisaster or emergency in accordance with Article 1 of Chapter 166A of theGeneral Statutes. The Division may also waive rules under this subsectionduring a declared disaster or emergency upon the request of an emergencymanagement agency and may rescind the waiver if, after investigation, theDivision determines the waiver poses an unreasonable risk to the health,safety, or welfare of any of the persons occupying the hospital. The emergencymanagement agency requesting temporary shelter or temporary services shallnotify the Division within 72 hours of the time the preapproved waivers aredeemed by the emergency management agency to apply.

(b)        As used in thissection, "emergency management agency" is as defined in G.S. 166A‑4.(2007‑444,s. 2.)

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