1. (1) Application. A county department, tribal nation, or other qualified agency may apply for certification by submitting all of the following application materials to the department at the address given on the application:

   1. (a) A completed application form.

      Note: Application forms are available at https://www.dhs.wisconsin.gov/regulations/mentalhealth/certification.htm.

   2. (b) Payment for the application fee required under s. 51.04, Stats.

      Note: Fee information is available at https://www.dhs.wisconsin.gov/regulations/mentalhealth/certification.htm.

   3. (c) A program statement developed under s. DHS 72.09.
   4. (d) A copy of the program’s policies and procedures developed under s. DHS 72.10.
   5. (e) Any other information requested by the department.
   6. (f) Any other applicable fees.

2. (2) Certification determination.

   1. (a) The department shall make a certification determination within 60 days of receiving all completed application materials.
   2. (b) If the department does not approve the program statement or determines that an applicant does not comply with the requirements of this chapter, the department may deny the certification. A denial of certification shall be in writing and shall contain the reason for the denial and notice of opportunity for a hearing under s. 227.42, Stats.
3. (3) Compliance review. Upon receipt of all completed application materials described in sub. (2), the applicant shall permit the department to conduct an on-site inspection of the program and a review of any documentation necessary to determine compliance with this chapter.
4. (4) Notification of changes. A program that has received certification from the department shall notify the department of any change of administration, ownership, program name, or any other change that may affect compliance with this chapter before the effective date of the change. A certification is non-transferable. A new application will be required if the department determines there is a substantial change in the program.

5. (5) Duration of certification.

   1. (a) Certification remains valid until it is terminated or suspended by the department in accordance with sub. (8).
   2. (b) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (6).

6. (6) Biennial report and fees.

   1. (a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees under s. 51.04, Stats.
   2. (b) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided.
   3. (c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.

7. (7) Statement of deficiency.

   1. (a) If the department determines that a program has a deficiency, the department shall issue a statement of deficiency to the program within 14 calendar days. The statement of deficiency may place restrictions on the program or its activities, or suspend or terminate the program’s certification, pursuant to sub. (8).
   2. (b) The program shall submit a plan of correction to the department within 14 calendar days upon receipt of the statement of deficiency. The plan of correction shall propose the specific steps the program will take to correct the deficiency, the timelines within which the corrections will be made, and the staff members who will implement the plan and monitor for future compliance.
   3. (c) If the department determines that the plan of correction submitted by the program does not adequately address the deficiencies listed in the statement of deficiency, the department may request a new plan of correction from the program or may impose a plan of correction.
8. (8) Termination and suspension of certification. The department may suspend or revoke certification for any of the reasons specified under s. 51.032, Stats., or for failure to comply with this chapter. The department shall provide the reasons for suspension or revocation and the process for appeal of the suspension or revocation in a written notice to the applicant.

9. (9) Appeals.

   1. (a) If the department denies, suspends, or terminates certification, or imposes conditions on a certification, the program may request a hearing under ch. 227, Stats.

   2. (b) An applicant for program certification does not have a right to appeal when all of the following apply:

      1. 1. The issue is the denial of the application for certification.
      2. 2. The department has determined to limit the number of programs statewide.
      3. 3. The addition of the facility would exceed the limit determined by the department.

10. (10) Exceptions to a requirement.

    1. (a) Waivers and variances.

       1. 1. A substance use overdose treatment program that is certified under this subchapter may apply for a discretionary waiver or variance to any non-statutory requirements in this subchapter. A written request for a waiver or variance shall be sent to the department on a form provided by the department and shall address all of the criteria identified in subd. 2.

          Note: A variance and waiver request form is available by accessing https://www.dhs.wisconsin.gov/library/f-60289.htm.

       2. 2. The department may grant a substance use overdose treatment program’s application for a waiver or variance if the department determines that all of the following criteria are met:

          1. a. Strict enforcement of the nonstatutory requirements identified in the waiver or variance application would result in an unreasonable hardship for the substance use overdose treatment program.
          2. b. The proposed waiver or variance will not diminish the effectiveness of the services provided.
          3. c. The proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any participant.
          4. d. The proposed waiver or variance is consistent with all state and federal laws.
       3. 3. If a substance use overdose treatment program’s proposed waiver or variance is granted, the department may specify a timeframe or time limit for the waiver or variance.

    2. (b) Rescinding or further limiting a waiver or variance.

       1. 1. The department may rescind or limit a waiver or variance at any time if any of the following occurs:

          1. a. The department determines the waiver or variance has adversely affected or is likely to adversely affect the health, safety, or welfare recipients of the program.
          2. b. The substance use overdose treatment program fails to comply with any of the conditions of the waiver or variance as granted.
       2. 2. The department shall inform a program in writing if it rescinds or limits a waiver or variance.

History

History: CR 24-081: cr. Register September 2025 No. 837, eff. 10-1-25; renum. 72.09 to 72.085 under s. 13.92 (4) (b) 1., Stats., and renumber (10) (b) (intro.) to (10) (b) 1. (intro.) and correction made under 35.17, Stats., renumber (10) (b) 1., 2., 3. to (10) (b) 1. a., b., 2., under s. 13.92 (4) (b) 1., and correction in (10) (a) 1. made under s. 13.92 (4) (b) 4., Stats. and correction in (10) (a) 2. d. made under s. 35.17, Stats., Register September 2025 No. 837.