(a) A provider of service shall continuously employ an adequate number and appropriate mix of staff to carry out the objectives of the program and to assure the outcomes of the program. The staffing plan shall document the staff qualifications, including training, clinical experience with adults diagnosed with mental illness or children with a diagnosis of emotional disturbance, and supervisory experience in a clinical setting, the appropriateness of the mix of staff, the assignment of staff to the primary program site and any approved satellite locations, and the supervisory relationships among the staff. Such plan shall be subject to review and approval by the Office of Mental Health at the time of issuance or renewal of the program's operating certificate.

(b) The staff of an outpatient program shall include a sufficient mix of clinical and professional staff to provide all of the required services and to implement the treatment plans of the program's service recipients. In order to provide adequate clinical supervision and programmatic direction, a sufficient number of the professional staff must be qualified by training and clinical supervisory experience in the treatment of adults diagnosed with mental illness, or children with a diagnosis of emotional disturbance, as appropriate. Outpatient programs, except for intensive psychiatric rehabilitation treatment programs, shall, at a minimum, have a psychiatrist on staff for one-fifth of the operating hours of the program or for one-fifth of the hours of a full-time employee, whichever is less.

(c) A minimum percentage of the total clinical staff hours of the outpatient program shall be provided by professional staff, of which a minimum percentage must be employed full time.

(d) Continuing day treatment programs, day treatment programs serving children, partial hospitalization programs, and intensive psychiatric rehabilitation treatment programs shall maintain an adequate and appropriate number of clinical staff members on site in proportion to the number of recipients on site. Providers shall be deemed to have met such standards if their staffing ratios are at least in accordance with the following:

(e) A day treatment program serving children may include special education teachers as professional staff when such teachers are essential to accomplishing the goals and objectives of the day treatment program and are justified as part of the staffing plan. A special education teacher is an individual who is currently certified as a teacher of special education by the New York State Education Department.

(f) A partial hospitalization program shall have a full-time equivalent professional staff member on call for crisis intervention services 24 hours per day, seven days per week.

(g) Staff may be shared among programs and shall be reflected in the staffing plan with discrete work assignments and hours noted for shared staff. Staff sharing is subject to approval by the Office of Mental Health at the time of issuance or renewal of the program's operating certificate. Such approval shall take into consideration factors such as, but not limited to, the number of recipients being served, staff recruitment and availability, and availability of and access to other programs in the area.