DHS 36.06(4)(b) (b) An act that results in conviction for a criminal offense related to services provided under s. 632.89, Stats., whether or not the conviction is under appeal.

DHS 36.06(4)(c) (c) An act involving a staff member who removes or destroys consumer service records.

DHS 36.06 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 36.065 DHS 36.065 Waivers and variances.

DHS 36.065(1) (1) Definitions. As used in this section:

DHS 36.065(1)(a) (a) “Waiver” means the grant of an exemption from a non-statutory requirement of this chapter.

DHS 36.065(1)(b) (b) “Variance” means the granting of an alternate requirement in place of a non-statutory requirement of this chapter.

DHS 36.065(2) (2) Waivers or variances.

DHS 36.065(2)(a) (a) An application for a waiver or a variance may be made at any time. Each request shall be made in writing to the department and shall include all of the following:

DHS 36.065(2)(a)1. 1. Identification of the rule provision from which the waiver or variance is requested.

DHS 36.065(2)(a)2. 2. The time period for which the waiver or variance is requested.

DHS 36.065(2)(a)3. 3. If the request is for a variance, the specific alternative action that the CCS proposes.

DHS 36.065(2)(a)4. 4. The reasons for the request.

DHS 36.065(2)(a)5. 5. Supporting justification.

DHS 36.065(2)(a)6. 6. Any other information requested by the department.

DHS 36.065 Note Note: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.

DHS 36.065(2)(b) (b) A waiver or variance may be granted if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any consumer and any one of the following applies:

DHS 36.065(2)(b)1. 1. Strict enforcement of a requirement would result in unreasonable hardship on the CCS or on a consumer.

DHS 36.065(2)(b)2. 2. An alternative to a rule, including new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects is in the interest of better care or management.

DHS 36.065(2)(c) (c) A determination on a request for a waiver or variance shall be made to the CCS in writing. If the decision is to deny the waiver or variance, the reason for the denial shall be included in the notice.

DHS 36.065(2)(d) (d) The terms of a variance may be modified upon agreement between the department and the CCS. The department may impose any condition on a waiver or variance which the department deems necessary.

DHS 36.065(2)(e) (e) The department may limit the duration of any waiver or variance.

DHS 36.065(2)(f) (f) The department may revoke a waiver or variance if any one of the following occurs:

DHS 36.065(2)(f)1. 1. The waiver or variance adversely affects the health, safety or welfare of a consumer.

DHS 36.065(2)(f)2. 2. The CCS has failed to comply with the variance as granted.

DHS 36.065(2)(f)3. 3. The CCS notifies the department that it wishes to relinquish the waiver or variance.

DHS 36.065(2)(f)4. 4. There is a change in applicable law.

DHS 36.065(2)(f)5. 5. For any other reason necessary to protect the health, safety, and welfare of a consumer.

DHS 36.065 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.