Register June 2016 No. 726
Chapter DCF 105
Substance Abuse Screening, Testing, and Treatment for Certain
Department Work Experience Programs
Information about the requirement for controlled substance abuse screening, testing, and treatment.
Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse.
Requiring a test for the use of a controlled substance.
Requiring participation in treatment.
Effect of completing, voluntarily withdrawing, or being terminated from a work experience program.
Confidentiality of records.
Appeals of decisions under this chapter.
DCF 105.01 Purpose.
The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances by applicants for work experience programs administered by the department, and to refer individuals determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment as required by s. 49.162
DCF 105.01 History
History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16. DCF 105.02
DCF 105.02 Definitions.
In this chapter:
“Confirmation test" means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing requisite specificity, sensitivity, and quantitative accuracy to positively determine use of a controlled substance.
“Controlled substance" or “substance" has the meaning given for “controlled substance" in s. 961.01 (4)
“Department" means the department of children and families.
“Individual" means a person who has applied to participate in a work experience program or a person who has been determined eligible for the program and is participating in program activities or awaiting assignment to program activities.
“Medical review officer" means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate an individual's positive test result in relation to the individual's medical history and current, valid prescriptions.
“Metabolite" means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.
“Reasonable suspicion" means suspicion of controlled substance abuse by an individual based on that individual's score on a screening questionnaire.
“Screening" means completion of a questionnaire regarding the individual's current and prior use of controlled substances.
“Specimen" means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.
“Treatment" means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the patient's treatment services, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.
“Treatment program" means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10
, a medically monitored treatment service under s. DHS 75.11
, a day treatment service under s. DHS 75.12
, an outpatient treatment service under s. DHS 75.13
, a transitional residential treatment service under s. DHS 75.14
, or a narcotic treatment service for opiate addiction under s. DHS 75.15
“Treatment provider" or “provider" means a provider of treatment services for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75
“Work experience program" or “program" in this chapter means a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b)
, Stats.; the Transform Milwaukee Jobs program under s. 49.163
, Stats.; or the Transitional Jobs program under s. 49.163
DCF 105.02 History
History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in numbering of (6), (7), (14) made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726. DCF 105.03
DCF 105.03 Information about the requirement for controlled substance abuse screening, testing, and treatment.
An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or requests to apply to a work experience program to explain the requirement for participants in certain work experience programs to undergo screening, testing, and treatment for abuse of controlled substances.
DCF 105.03 History
History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16. DCF 105.04
DCF 105.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse. DCF 105.04(1)
Who must complete a screening questionnaire.
An administering agency shall administer a controlled substance abuse screening questionnaire approved by the department to any applicant for a work experience program.
(2) Effect of failing
to complete screening quest
The applicant is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency for his or her application for a work experience program to be complete. An applicant who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall deny the application. An individual denied eligibility for a work experience program for failure to complete a screening questionnaire may reapply at any time the individual submits a complete application, including a completed screening questionnaire.
(3) Effect of successfully passing
An individual whose score on the screening questionnaire does not establish a reasonable suspicion of abuse of a controlled substance has fully satisfied the requirements of this chapter and may participate in a work experience program subject to this chapter without further screening, testing, or treatment.
DCF 105.04 History
History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16. DCF 105.05
DCF 105.05 Requiring a test for the use of a controlled substance. DCF 105.05(1)
Who may be required to undergo drug testing.
An individual whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.
(2) Nature of testing required.
Testing shall consist of laboratory analysis of a specimen collected from an individual by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the initial test and cutoff levels for a confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. A positive test result on the initial test shall be confirmed through a confirmation test from the original specimen collected from the individual.
(3) Contract for testing services.
Subject to the department's approval, the administering agency may contract with a qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.
DCF 105.05 Note
The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.
(4) Refusal to submit to a test.
An individual refuses to submit to a test if the individual does any of the following:
Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.
Fails or refuses to appear for a test at the time and place directed by the administering agency.
Fails or refuses to complete a form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the department or administering agency.
Fails or refuses to provide verification of identity to the testing drug testing vendor.
Fails or refuses to cooperate with the medical review officer, including refusal to complete an interview or answer questions or refusal to provide records necessary to demonstrate possession of a valid prescription.
(5) Effect of refusal to submit to a test.
An individual who refuses to submit to a test under sub. (4)
is ineligible to participate in a work experience program until the individual submits to a test. The administering agency may direct an individual who has refused to submit to a test under sub. (4)
and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the individual agrees to submit to a test. The individual may not participate in a work experience program until the individual undergoes a test for the use of a controlled substance and test results have been reported to the administering agency.
(6) Requirement for a confirmation test.
If an individual tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial test. All test results that are non-negative shall be interpreted as positive or negative by a drug testing vendor's medical review officer who shall be responsible for determining the presence of a controlled substance.
(7) Accepting test results from another program.
Results of a drug test performed by another state program, including a work experience program under ss. 49.36
, 49.45 (23) (g)
, 49.79 (9) (d)
, or 108.133
, Stats., or a drug test carried out by the Wisconsin department of corrections, can be used by an administering agency to determine whether to refer an individual to treatment if the prior test results are provided directly to the administering agency, all the controlled substances and metabolites required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.
(8) Effect of a negative test.
An individual who undergoes a test for the use of a controlled substance under this subsection and tests negative for use of a controlled substance or tests positive for use of a controlled substance but provides evidence of a valid prescription for each controlled substance for which the individual tests positive will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.
(9) Effect of a positive test.
An individual whose test results are positive for a controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 105.06
DCF 105.05 History
History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16. DCF 105.06
DCF 105.06 Requiring participation in treatment. DCF 105.06(1)(1)
Who may be required to participate in treatment.
Every individual who undergoes a test under s. DCF 105.05
and tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in s. 49.162 (1)
, Stats., and as determined by the medical review officer for the drug testing vendor, shall be required to participate in treatment in order to be eligible to participate in a work experience program.