Chapter DHS 75
DHS 75.01   Authority, purpose and applicability.
DHS 75.02   Definitions.
DHS 75.03   General requirements.
DHS 75.04   Prevention service.
DHS 75.05   Emergency outpatient service.
DHS 75.06   Medically managed inpatient detoxification service.
DHS 75.07   Medically monitored residential detoxification service.
DHS 75.08   Ambulatory detoxification service.
DHS 75.09   Residential intoxication monitoring service.
DHS 75.10   Medically managed inpatient treatment service.
DHS 75.11   Medically monitored treatment service.
DHS 75.12   Day treatment service.
DHS 75.13   Outpatient treatment service.
DHS 75.14   Transitional residential treatment service.
DHS 75.15   Narcotic treatment service for opiate addiction.
DHS 75.16   Intervention service.
Ch. DHS 75 Note Note: Chapter HFS 75 was renumbered to chapter DHS 75 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 75 was reprinted Register December 2010 No. 660 to reflect a Note revision in s. DHS 75.03 (24).
DHS 75.01 DHS 75.01 Authority, purpose and applicability.
DHS 75.01(1)(1)Authority and purpose.
DHS 75.01(1)(a)(a) This chapter is promulgated under the authority of ss. 46.973 (2) (c), 51.42 (7) (b) and 51.45 (8) and (9), Stats., to establish standards for community substance abuse prevention and treatment services under ss. 51.42 and 51.45, Stats. Sections 51.42 (1) and 51.45 (1) and (7), Stats., provide that a full continuum of substance abuse services be available to Wisconsin citizens from county departments of community programs, either directly or through written agreements or contracts that document the availability of services. This chapter provides that service recommendations for initial placement, continued stay, level of care transfer and discharge of a patient be made through the use of Wisconsin uniform placement criteria (WI-UPC), American society of addiction medicine (ASAM) placement criteria or similar placement criteria that may be approved by the department.
DHS 75.01(1)(b) (b) Use of approved placement criteria serves as a contributor to the process of obtaining prior authorization from the treatment service funding source. It does not establish funding eligibility regardless of the funding source. The results yielded by application of these criteria serve as a starting point for further consultations among the provider, patient and payer as to an initial recommendation for the type and amount of services that may be medically necessary and appropriate in the particular case. Use of WI-UPC or any other department-approved placement criteria does not replace the need to do a complete assessment and diagnosis of a patient in accordance with DSM-IV.
DHS 75.01 Note Note: See s. DHS 75.03 (12) on required assessment procedures.
DHS 75.01(2) (2)Applicability. This chapter applies to each substance abuse service that receives funds under ch. 51, Stats., is approved by the state methadone authority, is funded through the department as the federally designated single state agency for substance abuse services, receives substance abuse prevention and treatment funding or other funding specifically designated for providing services under ss. DHS 75.04 to 75.16 or is a service operated by a private agency that requests certification.
DHS 75.01 Note Note: In this chapter, a certified service-providing entity is called a “service" rather than a “program," as in s. 51.42, Stats., or a “facility," as in s. 51.45, Stats.
DHS 75.01 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 06-035: am. (2), Register November 2006 No. 611, eff. 12-1-06.
DHS 75.02 DHS 75.02 Definitions. In this chapter:
DHS 75.02(1) (1)“Aftercare" has the meaning prescribed for “continuing care" in this chapter.
DHS 75.02(1m) (1m)“Alternative education" means a course of traffic safety instruction that is designed to meet the goals of a group dynamic traffic safety program or a multiple offender traffic safety program for clients that cannot be accommodated by a group dynamic traffic safety program or a multiple offender traffic safety program.
DHS 75.02(2) (2)“Ambulatory detoxification service" means a medically managed or monitored and structured detoxification service, delivered on an outpatient basis, provided by a physician or other service personnel acting under the supervision of a physician.
DHS 75.02(3) (3)“Applicant" means, unless otherwise indicated, a person who has initiated but not completed the intake process.
DHS 75.02(4) (4)“Approved placement criteria" means WI-UPC, ASAM or similar placement criteria that may be approved by the department.
DHS 75.02(5) (5)“ASAM placement criteria" means a set of placement criteria for substance abuse patients published by the American Society of Addiction Medicine.
DHS 75.02 Note Note: The publication, Patient Placement Criteria for the Treatment of Substance-Related Disorders, published by the American Society of Addiction Medicine (ASAM), may be consulted at the department's bureau of prevention, treatment and recovery or at the Secretary of State's office or the Legislative Reference Bureau. Send inquires about the ASAM placement criteria to American Society of Addiction Medicine, 4601 N. Park Ave., Suite 101 Upper Arcade, Chevy Chase, MD 20815, or check ASAM's internet site at
DHS 75.02(7) (7)“Case management" means an organized process for bringing services, agencies, resources and people together within a planned framework for linking, advocating for and monitoring the provision of appropriate educational, intervention, treatment, or support services to a client with alcohol or other drug abuse problems in a coordinated, efficient and effective manner.
DHS 75.02(8) (8)“Certification" means approval of a service by the department.
DHS 75.02(9) (9)“Certification specialist" means a department employee responsible for certifying a service under this chapter.
DHS 75.02(9m) (9m)“Clinical supervision" has the meaning given in s. SPS 160.02 (6).
DHS 75.02(11) (11)“Clinical supervisor" means any of the following:
DHS 75.02(11)(a) (a) An individual who meets the qualifications established in s. SPS 160.02 (7).
DHS 75.02(11)(b) (b) A physician knowledgeable in addiction treatment.
DHS 75.02(11)(c) (c) A psychologist knowledgeable in psychopharmacology and addiction treatment.
DHS 75.02(12) (12)“Clinical supervision" means intermittent face-to-face contact provided on or off the site of a service between a clinical supervisor and treatment staff to ensure that each patient has an individualized treatment plan and is receiving quality care. “Clinical supervision" includes auditing of patient files, review and discussion of active cases and direct observation of treatment, and means also exercising supervisory responsibility over substance abuse counselors in regard to at least the following: counselor development, counselor skill assessment and performance evaluation, staff management and administration, and professional responsibility.
DHS 75.02(13) (13)“Consultation" means discussing the aspects of the individual patient's circumstance with other professionals to assure comprehensive and quality care for the patient, consistent with the objectives in the patient's treatment plan or for purposes of making adjustments to the patient's treatment plan.
DHS 75.02(14) (14)“Continuing care" means the stage of treatment in which the patient no longer requires counseling at the intensity described in ss. DHS 75.10 to 75.12. Continuing care is treatment that follows a treatment plan, is designed to support and sustain the process of recovery and is provided on an outpatient basis and at a frequency agreed upon between the patient and the provider.
DHS 75.02(15) (15)“Counseling" means the application of recognized theories, principles, techniques and strategies to manage and facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities as described in s. SPS 160.02 (10m) or s. MPSW 2.01 (10).
DHS 75.02(16) (16)“Crisis intervention" means services that respond to a substance abuser's needs during acute episodes that may involve physical distress.
DHS 75.02(17) (17)“Day treatment service" means a medically monitored and structured non-residential treatment service consisting of regularly scheduled sessions of various modalities such as counseling, case management, group or individual therapy, medical services and mental health services, as indicated, by interdisciplinary providers for a scheduled number of sessions per day and week.
DHS 75.02(18) (18)“Department" means the Wisconsin department of health services.
DHS 75.02(19) (19)“Detoxification plan" means a planned procedure based on clinical findings for managing or monitoring withdrawal from alcohol or other drugs.
DHS 75.02(20) (20)“Detoxification service" means any of the services under ss. DHS 75.06 to 75.09.
DHS 75.02(21) (21)“Discharge planning" means planning and coordination of treatment and social services associated with the patient's discharge from treatment, including the preparation of a discharge summary as required under s. DHS 75.03 (17).
DHS 75.02(21m) (21m)“DSPS" means the Wisconsin department of safety and professional services.
DHS 75.02(22) (22)“DSM-IV" means the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, published by the American Psychiatric Association.
DHS 75.02(23) (23)“Drug detoxification treatment" means the dispensing of a narcotic drug in decreasing doses to a patient to alleviate adverse physiological or psychological effects incidental to the patient's withdrawal from continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state.
DHS 75.02(24) (24)“Dually diagnosed" means a patient diagnosed as having a substance use disorder listed in the DSM-IV that is accompanied by dependency, trauma or dementia and a diagnosed mental disorder.
DHS 75.02(25) (25)“Early intervention" means activities that take place with high-risk individuals, families or populations with the goal of averting or interrupting the further progression of problems associated with substance use or abuse. These activities may include problem identification and resolution, referral for screening, specialized education, alternative activities development, social policy development, environmental change, training and development of risk reduction skills.
DHS 75.02(26) (26)“Employee assistance program service" means an intervention service provided to employees by an employer for the purpose of identifying, motivating to seek help and referring for assistance those employees whose job performance is impaired or is at risk of impairment by personal problems, such as medical, family, marital, financial, legal, emotional and substance abuse or dependency problems.
DHS 75.02(27) (27)“FDA" means the U.S. food and drug administration.
DHS 75.02(28) (28)“First priority for services" means that an individual assessed as needing services will be referred immediately to available treatment resources and, in the event there is a waiting list for any treatment resource, the individual will be placed on the waiting list immediately before any person not entitled to first priority for services.
DHS 75.02(29) (29)“Follow-up" means a process used by a treatment provider to periodically assess the referral process and rehabilitation progress of a patient who has completed treatment, has been discharged from treatment or has been referred for concurrent services.
DHS 75.02(30) (30)“Group counseling" means the application of counseling techniques which involve interaction among members of a group consisting of at least 2 patients but not more than 16 patients with a minimum of one counselor for every 8 patients.
DHS 75.02(31) (31)“Hospital services" means services typically provided only in a hospital as defined in s. 50.33 (2), Stats.
DHS 75.02(32) (32)“Incapacitated person" means a person who, as a result of the use of or withdrawal from alcohol or other drugs, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of making a rational decision, as evidenced objectively by the service using such indicators as extreme physical harm or threats of harm to himself or herself, to any other person or to property.
DHS 75.02(33) (33)“Intake process" means the specific tasks necessary to admit a person to a substance abuse service, such as completion of admission forms, notification of patient rights, explanation of the general nature and goals of the service, review of policies and procedures of the service and orientation.
DHS 75.02(33m) (33m)“Intensive supervision" means a program to promote public safety and reduce incarceration and recidivism related to substance abuse that includes all of the following:
DHS 75.02(33m)(a) (a) Centralized screening, review, evaluation, and monitoring of offenders by caseworkers in coordination with law enforcement, the district attorney, the courts, or the department of corrections.
DHS 75.02(33m)(b) (b) Community supervision of offenders from the time of arrest and formal charging through adjudication and compliance with court orders.
DHS 75.02(33m)(c) (c) Coordination of an array of interventions for the offender while under community supervision. Interventions to be coordinated may include any of the following:
DHS 75.02(33m)(c)1. 1. Assessment.
DHS 75.02(33m)(c)2. 2. Case management.
DHS 75.02(33m)(c)3. 3. Alcohol or other drug abuse treatment.
DHS 75.02(33m)(c)4. 4. Education.
DHS 75.02(33m)(c)5. 5. Specialized education or skill-building programs.
DHS 75.02(33m)(c)6. 6. Obtaining an intoxicated driver assessment under ch. DHS 62.
DHS 75.02(33m)(c)7. 7. Periodic breath tests or urine analysis.
DHS 75.02(33m)(c)8. 8. Attendance at victim impact panels.
DHS 75.02(33m)(d) (d) Programs such as the treatment alternative program under ch. DHS 66.
DHS 75.02(33m)(e) (e) A pretrial intervention program under s. 51.49, Stats.
DHS 75.02(33m)(f) (f) A corrective sanction program for juveniles under s. 938.533, Stats., or an intensive supervision program for juveniles under s. 938.534, Stats., a drug court, or other similar program.
DHS 75.02(34) (34)“Intervention" means a process of interrupting an action or a behavior that is harmful to an individual. “Intervention" may be a formal substance abuse service under s. DHS 75.16, or may be included in, but is not limited to, an educational program, an employee assistance program, an intoxicated driver assessment or driver safety plan program under ch. DHS 62, screening procedures under s. DHS 75.03 (10), or consultation provided to non-substance abuse professionals.
DHS 75.02(35) (35)“Intoxicated person" means a person whose mental or physical functioning, as determined and documented by the service, is substantially impaired as a result of the use of alcohol or other drugs.
DHS 75.02(36) (36)“Level of care" means the intensity and frequency of services provided by a service under ss. DHS 75.06 to 75.15. “Intensity of services" refers to both the degree of restrictiveness for a patient to participate and to the range of specific services expected, including the involvement of medical professionals in the delivery of care. “Frequency of service" refers to how often the service may be provided or is available to the patient.
DHS 75.02(37) (37)“Licensed practical nurse" means a person who is licensed under s. 441.10, Stats., as a licensed practical nurse.
DHS 75.02(38) (38)“Maintenance treatment" means the dispensing of a narcotic drug in the treatment of an individual for dependence on heroin or another morphine-like drug.
DHS 75.02(39) (39)“Medical director" means a physician knowledgeable in the practice of addiction medicine, certified in addiction medicine by the American society of addiction medicine or certified in addiction psychiatry by the American board of psychiatry and neurology, who is employed as the chief medical officer for a service.
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.