DHS 36.10(2)(g)16. 16. Alcohol and drug abuse counselors shall be certified by the department of safety and professional services.
DHS 36.10 Note Note: Persons previously referred to as “alcohol and drug abuse counselors" are referred to as “substance abuse professionals" in department of safety and professional service rules.
DHS 36.10(2)(g)17. 17. Specialists in specific areas of therapeutic assistance, such as recreational and music therapists, shall have complied with the appropriate certification or registration procedures for their profession as required by state statute or administrative rule or the governing body regulating their profession.
DHS 36.10(2)(g)18. 18. Certified occupational therapy assistants shall be licensed and meet the requirements of s. 448.963 (3), Stats.
DHS 36.10(2)(g)19. 19. Licensed practical nurses shall be licensed under ch. 441, Stats.
DHS 36.10(2)(g)20. 20. A peer specialist, meaning a staff person who is at least 18 years old, shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, consumer confidentiality, a demonstrated aptitude for working with peers, and a self-identified mental disorder or substance use disorder.
DHS 36.10(2)(g)21. 21. A rehabilitation worker, meaning a staff person working under the direction of a licensed mental health professional or substance abuse professional in the implementation of rehabilitative mental health, substance use disorder services as identified in the consumer's individual treatment plan who is at least 18 years old shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, and consumer confidentiality.
DHS 36.10(2)(g)22. 22. Clinical students shall be currently enrolled in an accredited academic institution and working toward a degree in a professional area identified in this subsection and providing services to the CCS under the supervision of a staff member who meets the qualifications under this subsection for that staff member's professional area.
DHS 36.10(3) (3)Volunteers. A CCS may use volunteers to support the activities of staff members. Before a volunteer may work independently with a consumer or family member, the CCS shall conduct a background check on the volunteer. Each volunteer shall be supervised by a staff member qualified under sub. (2) (g) 1. to 17. and receive orientation and training under the requirements of s. DHS 36.12.
DHS 36.10(4) (4)Documentation of qualifications. Documentation of staff qualifications shall be available for review by consumers and parents or legal representatives of consumers if parental or legal representative consent to treatment is required.
DHS 36.10 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (2) (g) 16. made under s. 13.92 (4) (b) 6., Stats., Register February 2014 No. 698.
DHS 36.11 DHS 36.11 Supervision and clinical collaboration.
DHS 36.11(1)(a) (a) Each staff member shall be supervised and provided with the consultation needed to perform assigned functions and meet the credential requirements of this chapter and other state and federal laws and professional associations.
DHS 36.11(1)(b) (b) Supervision may include clinical collaboration. Clinical collaboration may be an option for supervision only among staff qualified under s. DHS 36.10 (2) (g) 1. to 8. Supervision and clinical collaboration shall be accomplished by one or more of the following:
DHS 36.11(1)(b)1. 1. Individual sessions with the staff member case review, to assess performance and provide feedback.
DHS 36.11(1)(b)2. 2. Individual session in which the supervisor is present while the staff member provides assessments, service planning meetings or psychosocial rehabilitation services and in which the supervisor assesses, teaches and gives advice regarding the staff member's performance.
DHS 36.11(1)(b)3. 3. Group meetings to review and assess staff performance and provide the staff member advice or direction regarding specific situations or strategies.
DHS 36.11(1)(b)4. 4. Any other form of professionally recognized method of supervision designed to provide sufficient guidance to assure the delivery of effective services to consumers by the staff member.
DHS 36.11(2) (2)Each staff member qualified under s. DHS 36.10 (2) (g) 9. to 22. shall receive, from a staff member qualified under s. DHS 36.10 (2) (g) 1. to 8., day-to-day supervision and consultation and at least one hour of supervision per week or for every 30 clock hours of face-to-face psychosocial rehabilitation services or service facilitation they provide. Day-to day consultation shall be available during CCS hours of operation.
DHS 36.11(3) (3)Each staff member qualified under s. DHS 36.10 (2) (g) 1. to 8. shall participate in at least one hour of either supervision or clinical collaboration per month or for every 120-clock hours of face–to–face psychosocial rehabilitation or service facilitation they provide.
DHS 36.11(4) (4)Clinical supervision and clinical collaboration records shall be dated and documented with a signature of the person providing supervision or clinical collaboration in one or more of the following:
DHS 36.11(4)(a) (a) The master log.
DHS 36.11(4)(b) (b) Supervisory records.
DHS 36.11(4)(c) (c) Staff record of each staff member who attends the session or review.
DHS 36.11(4)(d) (d) Consumer records.
DHS 36.11(5) (5)The service director may direct a staff person to participate in additional hours of supervision or clinical collaboration beyond the minimum identified in this subsection in order to ensure that consumers of the program receive appropriate psychosocial rehabilitation services.
DHS 36.11(6) (6)A staff member qualified under s. DHS 36.10 (2) (g) 1. to 8. who provides supervision or clinical collaboration may not deliver more than 60 hours per week of face–to–face psychosocial rehabilitation services, clinical services and supervision or clinical collaboration in any combination of clinical settings.
DHS 36.11 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; CR 23-053: am. (1) (b) 2. Register September 2023 No. 813, eff. 10-1-23.
DHS 36.12 DHS 36.12 Orientation and training.
DHS 36.12(1)(1)Orientation and ongoing training.
DHS 36.12(1)(a) (a) Orientation program. The CCS shall develop and implement an orientation program that includes all of the following:
DHS 36.12(1)(a)1. 1. At least 40 hours of documented orientation training within 3 months of beginning employment for each staff member who has less than 6 months experience providing psychosocial rehabilitation services to children or adults with mental disorders or substance-use disorders.
DHS 36.12(1)(a)2. 2. At least 20 hours of documented orientation training within 3 months of beginning employment with the CCS for each staff member who has 6 months or more experience providing psychosocial rehabilitation services to children or adults with mental disorders or substance-use disorders.
DHS 36.12(1)(a)3. 3. At least 40 hours of documented orientation training for each regularly scheduled volunteer before allowing the volunteer to work independently with consumers or family members.
DHS 36.12(1)(b) (b) Orientation training. Orientation training shall include and staff members shall be able to apply all of the following:
DHS 36.12(1)(b)1. 1. Parts of this chapter pertinent to the services they provide.
DHS 36.12(1)(b)2. 2. Policies and procedures pertinent to the services they provide.
DHS 36.12(1)(b)3. 3. Job responsibilities for staff members and volunteers.
DHS 36.12(1)(b)4. 4. Applicable parts of chs. 48, 51 and 55, Stats., and any related administrative rules.
DHS 36.12(1)(b)5. 5. The basic provisions of civil rights laws including the Americans with disabilities act of 1990 and the civil rights act of 1964 as the laws apply to staff providing services to individuals with disabilities.
DHS 36.12(1)(b)6. 6. Current standards regarding documentation and the provisions of HIPAA, s. 51.30, Stats., ch. DHS 92 and, if applicable, 42 CFR Part 2 regarding confidentiality of treatment records.
DHS 36.12(1)(b)7. 7. The provisions of s. 51.61, Stats., and ch. DHS 94 regarding patient rights.
DHS 36.12(1)(b)8. 8. Current knowledge about mental disorders, substance-use disorders and co-occurring disabilities and treatment methods.
DHS 36.12(1)(b)8m. 8m. Recovery concepts and principles which ensure that services and supports promote consumer hope, healing, empowerment and connection to others and to the community; and are provided in a manner that is respectful, culturally appropriate, collaborative between consumer and service providers, based on consumer choice and goals and protective of consumer rights.
DHS 36.12(1)(b)9. 9. Current principles and procedures for providing services to children and adults with mental disorders, substance-use disorders and co-occurring disorders. Areas addressed shall include recovery-oriented assessment and services, principles of relapse prevention, psychosocial rehabilitation services, age–appropriate assessments and services for individuals across the lifespan, trauma assessment and treatment approaches, including symptom self-management, the relationship between trauma and mental and substance abuse disorders, and culturally and linguistically appropriate services.
DHS 36.12(1)(b)10. 10. Techniques and procedures for providing non–violent crisis management for consumers, including verbal de–escalation, methods for obtaining backup, and acceptable methods for self–protection and protection of the consumer and others in emergency situations, suicide assessment, prevention and management.
DHS 36.12(1)(b)11. 11. Training that is specific to the position for which each employee is hired.
DHS 36.12 Note Note: Service facilitators, for example, need a thorough understanding of facilitation and conflict resolution techniques, resources for meeting basic needs, any eligibility requirements of potential resource providers and procedures for accessing these resources. Mental health professionals and substance abuse professionals will need training regarding the scope of their authority to authorize services and procedures to be followed in the authorization process.
DHS 36.12(1)(c) (c) Ongoing training program. The CCS shall ensure that each staff member receives at least 8 hours of inservice training a year that shall be designed to increase the knowledge and skills received by staff members in the orientation training provided under par. (b). Staff shared with other community mental health or substance abuse programs may apply documented in-service hours received in those programs toward this requirement if that training meets the requirements under this chapter. Ongoing in-service training shall include one or more of the following:
DHS 36.12(1)(c)1. 1. Time set aside for in–service training, including discussion and presentation of current principles and methods of providing psychosocial rehabilitation services.
DHS 36.12(1)(c)2. 2. Presentations by community resource staff from other agencies, including consumer operated services.
DHS 36.12(1)(c)3. 3. Conferences or workshops.
DHS 36.12(1)(d) (d) Training records. Updated, written copies of the orientation and ongoing training programs and documentation of the orientation and ongoing training received by staff members and volunteers shall be maintained as part of the central administrative records of the CCS.
DHS 36.12 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; corrections in (1) (b) 6. and 7. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
subch. V of ch. DHS 36 Subchapter V — Consumer Services
DHS 36.13 DHS 36.13 Consumer application.
DHS 36.13(1)(1)Application. Any person seeking services under this chapter shall complete an application for services. Upon receipt of an application the CCS shall determine the applicant's need for psychosocial rehabilitation services pursuant to s. DHS 36.14.
DHS 36.13(1m) (1m)Admission agreement. An admission agreement that includes all of the following shall be signed by applicant at the time of application to the CCS:
DHS 36.13(1m)(a) (a) The nature of the CCS in which the consumer will be participating, including the hours of operation and how to obtain crisis services during hours in which the CCS does not operate, and staff member titles and responsibilities.
DHS 36.13(1m)(b) (b) The consumer rights under s. DHS 36.19.
DHS 36.13(1m)(c) (c) An acknowledgement of receipt and understanding of the information received in pars. (a) and (b).
DHS 36.13(2) (2)Services pending determination of the need for psychosocial rehabilitation services. Pending determination of the need for psychosocial rehabilitation services, the CCS shall identify any immediate needs of the consumer. The applicant may be provided with psychosocial rehabilitation services and supportive activities, including identifying recovery team members under s. DHS 36.16 (7) to meet those needs only after the occurrence of all of the following:
DHS 36.13(2)(a) (a) A mental health professional has authorized services as evidenced by the signature of the mental health professional as required in s. DHS 36.15.
DHS 36.13(2)(b) (b) The assessment of initial needs and the authorization for services have been documented.
DHS 36.13(2)(c) (c) An admission agreement is signed by the applicant.
DHS 36.13(3) (3)Determination of the need for psychosocial rehabilitation services. The need for psychosocial rehabilitation services shall be determined pursuant to s. DHS 36.14.
DHS 36.13(4) (4)Discrimination prohibited. The CCS shall ensure that no consumer is denied benefits or services or is subjected to discrimination on the basis of age, race or ethnicity, religion, color, sexual orientation, marital status, arrest or conviction record, ancestry, national origin, disability, gender, sexual orientation or physical condition.
DHS 36.13 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.14 DHS 36.14 Criteria for determining the need for psychosocial rehabilitation services. Psychosocial rehabilitation services shall be available to individuals who are determined to require more than outpatient counseling but less than the services provided by a community support program under s. 51.421, Stats., and ch. DHS 63, as a result of a department-approved functional screen and meet all of the following criteria:
DHS 36.14(1) (1)Has a diagnosis of a mental disorder or a substance use disorder.
DHS 36.14(2) (2)Has a functional impairment that interferes with or limits one or more major life activities and results in needs for services that are described as ongoing, comprehensive and either high-intensity or low-intensity. Determination of a qualifying functional impairment is dependent upon whether the applicant meets one of the following descriptions:
DHS 36.14(2)(a) (a) `Group 1'. Persons in this group include children and adults in need of ongoing, high-intensity, comprehensive services who have diagnoses of a major mental disorder or substance-use disorder, and substantial needs for psychiatric, substance abuse, or addiction treatment.
DHS 36.14(2)(b) (b) `Group 2'. Persons in this group include children and adults in need of ongoing, low-intensity comprehensive services who have a diagnosed mental or substance-use disorder. These individuals generally function in a fairly independent and stable manner but may occasionally experience acute psychiatric crises.
DHS 36.14 Note Note: Appropriate identification of mental health or substance-use related problems for this group is critical, especially because they are often first seen in non-mental health or substance-use treatment settings, e.g., primary care sector, school system, law enforcement, child welfare, aging services, domestic violence shelters, etc.
DHS 36.14(3)(a)(a) If the department-approved functional screen cannot be completed at the time of the consumer's application, the CCS shall conduct an assessment of the applicant's needs pursuant to s. DHS 36.16 (3) and (4). An assessment conducted under s. DHS 36.16 (3) and (4) may be abbreviated if any one of the conditions under s. DHS 36.16 (5) applies.
DHS 36.14(3)(b) (b) If an applicant is determined to not need psychosocial rehabilitation services, no additional psychosocial rehabilitation services may be provided to the applicant by the CCS program. The applicant shall be given written notice of the determination and referred to a non-CCS program. The applicant may submit a written request for a review of the determination to the department.
DHS 36.14 Note Note: A written request for a review of the determination of need for psychosocial rehabilitation services should be addressed to the Bureau of Mental Health and Substance Abuse Services, 1 W. Wilson Street, Room 433, PO Box 7851, Madison, WI 53707-7851.
DHS 36.14(3)(c) (c) If an applicant is determined to need psychosocial rehabilitation services, a comprehensive assessment shall be conducted under s. DHS 36.16 (3) and (4) unless the following conditions are present:
DHS 36.14(3)(c)1. 1. A comprehensive assessment was conducted and completed under par. (a).
DHS 36.14(3)(c)2. 2. The consumer qualifies for an abbreviated assessment under s. DHS 36.16 (5).
DHS 36.14 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 36.15 DHS 36.15 Authorization of services.
DHS 36.15(1)(1)Before a service is provided to an applicant under s. DHS 36.13 (2) or 36.17, a mental health professional shall do all of the following:
DHS 36.15(1)(a) (a) Review and attest to the applicant's need for psychosocial rehabilitation services and medical and supportive activities to address the desired recovery goals.
DHS 36.15(1)(b) (b) Assure that a statement authorizing the proposed psychosocial rehabilitation services under the standards set forth in par. (a) is provided and filed in the consumer service record.
DHS 36.15(2) (2)If the applicant has or may have a substance-use disorder, a substance abuse professional shall also sign the authorization for services.
DHS 36.15 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.