(c) The comprehensive psychiatric emergency program shall, at a minimum, employ the following types and numbers of staff:

1. (1) except as provided in subdivision (e) of this section, at least one full-time equivalent psychiatrist who is a member of the psychiatric staff of the program shall be on duty and available at all times;
2. (2) at least one full-time equivalent registered nurse shall be on duty at all times and shall be responsible for the supervision of the nursing care and treatment provided in the extended observation beds of the comprehensive psychiatric emergency program;
3. (3) at least one full-time equivalent licensed master social worker or licensed clinical social worker shall be on duty and available, at a minimum, during the day and evening hours;
4. (4) a sufficient number of security personnel shall be on duty and available at all times;
5. (5) at least one full-time equivalent credentialed alcoholism and substance use disorder counselor or clinical staff person with experience in the counseling or treatment of individuals with a substance use disorder shall be available or on call 24 hours a day;
6. (6) the extended observation beds component of the comprehensive psychiatric emergency program shall be staffed by at least one clinical staff person, who is supervised by the registered nurse supervisor indicated in paragraph (2) of this subdivision, 24 hours per day, seven days per week; and
7. (7) when providing crisis outreach at a site other than the emergency room of the comprehensive psychiatric emergency program at least two staff of the crisis outreach team, one of whom is a member of the professional staff, shall be present at all times.

(e) The commissioner may waive the requirement that one full time equivalent psychiatrist be on duty and available during the night hours, if:

1. (1) the comprehensive psychiatric emergency program can demonstrate that the volume of service does not require such level of staff coverage; and
2. (2) the comprehensive psychiatric emergency program can demonstrate that it can provide adequate coverage by other professional disciplines; and
3. (3) the comprehensive psychiatric emergency program can demonstrate the availability of a psychiatrist on call for consultation and supervision.

(f) For comprehensive psychiatric emergency programs which are within rural areas and which have 3,000 or less presentations per year, the commissioner may waive the requirement that one full-time equivalent psychiatrists be on duty and available if:

1. (1) the comprehensive psychiatric emergency program can demonstate that the volume of service does not require such level of staff coverage;
2. (2) the comprehensive psychiatric emergency program can demonstrate that it can provide adequate 24-hour coverage by other professional staff; and
3. (3) the comprehensive psychiatric emergency program can demonstrate the availability of a psychiatrist on-call for face-to-face interaction, consultation, supervision, an admission to or discharge from an extended observation bed.

(g) In order to assure that individuals admitted to the comprehensive psychiatric emergency program are adequately supervised and are cared for in a safe and therapeutic manner, the comprehensive psychiatric emergency program shall meet each of the following requirements:

1. (1) appropriate professional staff shall be available to assist in emergencies on at least an on-call basis at all times.