DHS 63.05(1) (1) Policy. The department may grant a waiver of any requirement of this chapter when the department determines that granting a waiver would not diminish the effectiveness of the CSP, violate the purposes of the program, or adversely affect clients’ health and welfare. The department may not grant a waiver of clients’ rights under ch. DHS 94 or under other administrative rules, state statutes or federal regulations.

DHS 63.05(2) (2) Waiver. A CSP may submit a request to the department for a waiver of any requirement in this chapter, except a requirement specified under s. DHS 63.08 (1) (a).

DHS 63.05(3) (3) Application. An application for a waiver under sub. (2) shall be made in writing to the department and shall specify:

1. The rule from which the waiver is requested;

2. The time-period for which the waiver is requested;

3. Any alternative action which the CSP proposes;

4. The reason for the request; and

5. Assurances that sub. (1) would be satisfied.

DHS 63.05 Note Note: A request for a waiver should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.

DHS 63.05(4) (4) Grant or denial.

DHS 63.05(4)(a) (a) The department may require additional information from the CSP before acting on a request for a waiver.

DHS 63.05(4)(b) (b) The department shall grant or deny each request for waiver in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver shall be automatically approved.

DHS 63.05(4)(c) (c) The department may impose any conditions on the granting of a waiver which it deems necessary.

DHS 63.05(4)(d) (d) The department may limit the duration of a waiver.

DHS 63.05(4)(e) (e) The department’s decision to grant or deny a waiver shall be final.

DHS 63.05 History History: Cr. Register, April, 1989, No. 400, eff. 5-1-89; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 63.06 DHS 63.06 Personnel.

DHS 63.06(1) (1) Policies.

DHS 63.06(1)(a) (a) A CSP shall have written personnel policies to ensure that employment practices do not discriminate against any employee or applicant for employment on the basis of age, race, religion, color, sexual orientation, marital status, arrest and conviction record, ancestry, creed, national origin, disability, sex or physical condition.

DHS 63.06(1)(b) (b) A CSP shall maintain written documentation of employees’ qualifications and shall make that information available for inspection by clients and by the department.

DHS 63.06(2) (2) Required staff. A CSP shall employ:

DHS 63.06(2)(a) (a) A director, who shall have overall responsibility for the program. The director shall meet the qualifications for any of the program staff listed under sub. (4) (a) 1. to 8.;

DHS 63.06(2)(b) (b) A psychiatrist on a full-time, part-time or consulting basis to provide necessary psychiatric services. The psychiatrist shall meet the qualifications specified under sub. (4) (a) 2.; and

DHS 63.06(2)(c) (c) A clinical coordinator who shall have overall responsibility for and provide direct supervision of the CSP’s client treatment services and supervision of CSP clinical staff. The clinical coordinator shall be a psychiatrist or psychologist or have a master’s degree in social work, clinical psychology or psychiatric mental health nursing or have met equivalent requirements. The coordinator shall have either 3,000 hours of supervised clinical experience in a practice where the majority of clients are adults with chronic mental illness or 1,500 hours of supervised clinical experience in a CSP.

DHS 63.06(3) (3) Staffing ratios. The client-to-staff ratio may not exceed 20 clients to one full-time equivalent staff person, except that the department may permit, in accordance with a request for a waiver under s. DHS 63.05, that the ratio may not exceed 25 clients to one full time equivalent staff person. Only staff who meet the qualifications under subs. (2) and (4) (a) may be counted in the staff-to-client ratio.

DHS 63.06(4) (4) Qualifications.

DHS 63.06(4)(a) (a) CSP staff shall have the following qualifications:

DHS 63.06(4)(a)1. 1. A CSP professional shall have a bachelor’s degree in a behavioral science or a related field with 1,000 hours of supervised post-degree clinical experience with chronically mentally ill persons, or a bachelor’s degree in a field other than behavioral sciences with 2,000 hours of supervised postdegree clinical experience with persons with chronic mental illness;

DHS 63.06(4)(a)2. 2. A psychiatrist shall be a physician licensed under ch. 448, Stats., to practice medicine and surgery and shall have satisfactorily completed 3 years’ residency training in psychiatry in a program approved by the American medical association;