DHS 75.12 Note
This section is created eff. 10-1-22 by CR 20-047
DHS 75.12 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.13(1)(a)
The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client.
A written request for a waiver or variance shall be sent to the department on a form provided by the department and includes justification that the waiver or variance will not adversely affect the health, safety, or welfare of any client for the requested action.
A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
In considering whether to approve a waiver or variance, the department will consider whether the requested waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.
Rescinding waiver or variance.
The department may rescind a waiver or variance if any of the following occurs:
The department determines the waiver or variance has adversely affected the health, safety, or welfare of a client.
The service fails to comply with any of the conditions of the waiver or variance as granted.
Rescinding the waiver or variance is required by federal or state law.
There is no longer sufficient justification that the waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.
DHS 75.13 Note
This section is created eff. 10-1-22 by CR 20-047
DHS 75.13 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.14(1)(1)
A prevention service makes use of universal, selective, and indicated prevention services as defined by s. DHS 75.14 (3)
. Prevention services may be focused on reducing behaviors and actions that increase the risk of misusing substances or being affected
by another person'
s substance use.
This section shall apply to prevention services when required by contract with the department, or when a prevention service requests certification.
“Prevention domain” refers to content areas that professionals working in substance use prevention shall be knowledgeable in. The prevention domains include any of the following:
“Prevention service” means the organized application of strategies and interventions that are provided to reduce the overall harms and burden of substance use for an identified community or group.
“Prevention strategy” means activities targeted to a specific population or the larger community that are designed to be implemented before the onset of problems as a means to prevent substance use or its detrimental effects from occurring.
“Target population” means the identified community or group that a prevention strategy is aimed to impact.
“Universal, selective, and indicated prevention strategy” means different levels of risk that are addressed through community-based substance use prevention efforts, where universal prevention efforts focus on general audiences who have not been identified based on substance use-related risk, selective prevention efforts focus on audiences with known risk factors for a substance use-related problem, and indicated prevention efforts focus on audiences who are already experiencing a substance use-related problem.
Governing authority or entity owner.
The governing authority or entity owner of a service shall do all of the following:
Designate a member or representative of the governing body that is legally responsible for the operation of a service that has the authority to conduct the policy, actions, and affairs of the service, to complete the entity owner background check and to be the entity owner responsible for a service.
Appoint a service director whose qualifications, authority, and duties are defined in writing.
Establish written policies and procedures for the operation of the service and exercise general direction over the service, to ensure the following:
That no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, disability, or age, in accordance with 45 CFR part 92
and Title VI of the Civil Rights Act of 1964, as amended, 42 USC. 2000d
, Title XI of the Education Amendments of 1972, 20 USC 1681-1686
and s. 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794
, and the Americans with Disabilities Act of 1990, as amended, 42 USC 12101-12213
Caregiver background check.
At the time of hire, employment, or contract, and every 4 years after, the service shall conduct and document a caregiver background check following the procedures in s. 50.065
, Stats., and ch. DHS 12
. A service shall not employ or contract with a person who has been convicted of a crime or offense, or has a governmental finding of misconduct, found in s. 50.065
, Stats., and ch. DHS 12
, Appendix A
, unless the person has been approved under the department's rehabilitation process as defined in ch. DHS 12
Employee records shall be available upon request at the service for review by the department. A separate record for each employee shall be maintained, kept current, and at a minimum, include:
A written job description including duties, responsibilities and qualifications required for the employee.
A copy of a signed statement regarding confidentiality of client information.
A service shall have written policies, procedures, and staff training to ensure compliance with confidentiality provisions of 42 CFR part 2
, 45 CFR parts 164
, s. 51.30
, Stats., and ch. DHS 92
. Each staff member shall sign a statement acknowledging responsibility to maintain confidentiality of personal information about persons served.
A professional employed by the service shall be knowledgeable and skilled in areas of substance use prevention, including prevention domains, prevention services, and program implementation.
Staff shall receive ongoing training to improve skills and knowledge in the prevention domains and in the implementation of prevention services.
A prevention service shall utilize recognized best practices for evidence-based substance use prevention.
1. `Comprehensive approach.' A prevention service shall employ a comprehensive approach that targets universal, selective, and indicated populations, and uses strategies which seek to prevent substance use and its effects.
`Information dissemination.' The prevention service shall provide awareness and knowledge of the nature and extent of the identified problem and generate knowledge and awareness of available prevention services via one-way communication with the public. Examples of methods that may be used to carry out this strategy include the following:
`Education.' The prevention service shall provide two-way communication between staff and a client or clients, that is directed towards affecting critical life and social skills, including decision-making, refusal skills, critical analysis, and systematic judgment abilities. Examples of activities that may be conducted and methods used in carrying out this strategy include the following:
4. `Alternative activities.' The prevention service shall provide activities that assist in building resiliency and exclude alcohol, tobacco, and other drug use to targeted populations. The assumption is that constructive and healthy activities offset the attraction to, or otherwise
fulfilled by, alcohol, tobacco, and other drugs. Alternative activities also provide a means of character-building and may promote healthy relationships between youth and adults, in that participants may internalize the values and attitudes of the individuals involved in establishing the prevention services objectives. Examples of
this strategy include the following:
After-school activities such as participation in athletic activities, music lessons, art clubs or the school newspaper.
`Problem identification and stand-alone referral.' The prevention service shall implement methods to identify individuals who have demonstrated at-risk behavior, such as illegal or age-inappropriate use of tobacco or alcohol, or first use of illicit drugs, and determine if the individual's behavior can be reversed through education. This strategy does not include activities designed to determine if a person is in need of treatment. Examples of activities that may be conducted and methods used in carrying out this strategy include the following:
Educational programs for individuals char
ged with driving while under the influence or driving while intoxicated.
`Environmental.' The prevention service shall establish community standards, codes, and attitudes, aimed at reducing the prevalence of at-risk behavior among the general population. Examples of methods that may be used in carrying out this strategy include the following:
Promoting the establishment and review of policies for schools, government, and civic groups
related to the use of alcohol, tobacco, and drugs.
Providing technical assistance to communities to maximize local enforcement procedures governing availability and distribution of alcohol, tobacco, and other drugs.
Reduce youth alcohol, tobacco, and drug exposure by modifying alcohol and tobacco advertising practices.
Establishing policies that create opportunities for youth to become
involved in their communities.
`Community-based process.' The prevention service shall implement processes that enhance the ability of the community to more effectively provide prevention services for behaviors that lead to substance use. Activities under this strategy include organizing, planning, enhancing the efficiency and effectiveness of services implementation, interagency collaboration, coalition building and networking. Examples of activities that may be conducted and methods used in carrying out this strategy include the following:
Community and volunteer training, such as neighborhood action
training and training of key people in the system.