Section 35.123. Staffing requirements for clinics.  


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  • (1)  Each clinic shall have a clinic administrator who is responsible for clinic operations, including ensuring that the clinic is in compliance with this chapter and other applicable state and federal law. A clinic administrator may be a licensed treatment professional or mental health practitioner.
    (2)  In addition to the clinic administrator, the clinic shall have a sufficient number of qualified staff members available to provide outpatient mental health services to consumers admitted to care. Except as provided in s. DHS 35.12 (2m) , the clinic shall implement any one of the following minimum staffing combinations to provide outpatient mental health services:
    (a) Two or more licensed treatment professionals who combined are available to provide outpatient mental health services at least 60 hours per week.
    (b) One or more licensed treatment professionals who combined are available to provide outpatient mental health services at least 30 hours per week and one or more mental health practitioners or recognized psychotherapy practitioners who combined are available to provide outpatient mental health services at least 30 hours per week.
    (c) One or more licensed treatment professionals who combined are available to provide outpatient mental health services at least 37.5 hours per week, and at least one psychiatrist or advanced practice nurse prescriber who provides outpatient mental health services to consumers of the clinic at least 4 hours per month.
    (2m)  If a clinic has more than one office, both the clinic as a whole and its main office shall comply with the requirements of sub. (2) .
    (3)  If a clinic provides services to persons 13 years old or younger, the clinic shall have staff qualified by training and experience to work with children and adolescents.
    (4)  A clinic that is certified before June 1, 2009 shall meet the requirements of subs. (1) and (3) upon June 1, 2009, but shall have until January 1, 2012 to meet the minimum staffing requirements under sub. (2) .
    (5)  A person whose professional license is revoked, suspended, or voluntarily surrendered may not be employed or contracted with as a mental health professional, or a prescriber. A person whose professional license is limited or restricted, may not be employed or contracted with to practice in areas prohibited by the limitation or restriction.
CR 06-080 : cr. Register May 2009 No. 641 , eff. 6-1-09; correction to numbering of (4) and (5) made under s. 13.92 (4) (b) 1. , Stats., Register May 2009 No. 641 .