Section DHS 35.12 - Waivers and variances(1) A clinic may apply to the department for a waiver or a variance at any time. Each request shall be made in writing to the department and shall include all of the following: (a) Identification of the rule provision from which the waiver or variance is requested.(b) The time period for which the waiver or variance is requested.(c) If the request is for a variance, the specific alternative action that the outpatient clinic proposes. (d) The reasons for the request.(e) Supporting justification.(f) Any other information requested by the department. 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.
(2) The department may grant a waiver or variance permitting a clinic to use new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects in the interest of better care or management, if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any consumer.(2m) The department may grant a variance to a clinic that is unable to meet the minimum staffing requirements under s. DHS 35.123(2). To be eligible for a variance under this subsection, the clinic shall establish that it has made and continues to make a good faith effort to recruit and retain a sufficient number of staff with the qualifications specified in s. DHS 35.123(2). In addition to any other conditions the department may impose on a variance issued under this paragraph, the department shall require that the clinic submit evidence on a continuous basis of the clinic's good faith efforts to recruit and retain qualified staff.(3) The department shall provide its determination on a request for a waiver or variance to the clinic in writing. The department may impose restrictions on any waiver or variance it grants, including limiting the duration of any waiver or variance and may withdraw the waiver or variance if a clinic is not in compliance with one or more of the restrictions. The terms or restrictions of a variance may be modified upon agreement between the department and the clinic.(4)(a) Within 60 days of the receipt of a request for waiver, the department shall grant or deny the waiver in writing. If the department denies a request for a waiver or variance, or revokes a waiver or variance, the reason for the denial or revocation shall be included in the notice.(b) The department may revoke a waiver or variance if any of the following occurs: 1. The actions taken as a result of the waiver or variance have or will adversely affect the health, safety or welfare of a consumer.2. The clinic has failed to comply with the variance as granted.3. The clinic notifies the department that it wishes to relinquish the waiver or variance.4. There is a change in applicable law.5. For any other reason the department finds the revocation is necessary to protect the health, safety, or welfare of a consumer.Wis. Admin. Code Department of Health Services DHS 35.12
CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.