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
, and s. 51.30
, Stats., and ch. DHS 92
. Each staff member shall sign a statement acknowledging his or her responsibility to maintain confidentiality of personal information about persons served.
Policies, procedures, and service description.
A service shall develop written policies, procedures, and service descriptions for each intervention service to be provided.
Submissions to department.
The service shall submit each service description, along with written policies and procedures, to the department with the initial certification application, and submit any updates to the department when needed.
Staff knowledge and training.
Service staff shall have knowledge, training, and experience in the service which they are responsible for providing, including substance use intervention, screening, and referral.
The service shall develop and maintain a written record of certified substance use treatment resources for referral, and shall refer clients as indicated for further assessment and treatment services.
The service shall have an evaluation plan that includes goals of the service, measurable outcomes and objectives related to the service goals, and an annual report of progress related to goals and objectives that is available to the department and the public.
Location of service delivery.
An intervention service, other than an intoxicated driver service designated under s. DHS 62.04
, may be provided in a variety of settings, such as clinical offices, schools, workplaces, community centers, or an individual's home, with the length of service varying according to the type of activity and needs of the individual. An intervention service that provides services in community settings shall ensure the following:
All requirements of this chapter are able to be met in the setting.
The service shall have written policies and procedures concerning community-based service delivery.
The service shall provide annual training for all staff that deliver services in the community regarding in-home and community safety, and avoiding sexual or other exploitative relationships with clients. A record of each training shall be available to the department upon request.
Case records for persons receiving intervention services. DHS 75.15(7)(a)(a)
A service shall keep a case record for every person receiving intervention services, except where the only contact is made by telephone.
A case record prepared under this subsection shall include all of the following information:
The individual's name, address, phone contact information, date of birth, and relevant demographic information.
Substance use information about the individual and the reason for referral.
A sufficient assessment of the individual's dimensional risk and severity of need to determine preliminary level of care.
Service recommendations, referrals, and follow-up services and activities completed for the individual.
Documentation of each contact the service has with the client or a collateral source.
Additional requirements for intoxicated driver services. DHS 75.15(8)(a)(a)
If an intervention service is designated by a county human service board under s. DHS 62.04
as an intoxicated driver assessment facility, the intervention service shall also comply with the requirements under ch. DHS 62
A public or private treatment facility designated by a county as the intoxicated driver program assessment service shall be certified under this section prior to conducting intoxicated driver program assessments.
In addition to sub. (7) (b)
, a case record for an intoxicated driver assessment service shall include a copy of the department-approved intoxicated driver assessment tools, the driver safety plan, progress reports, and verification of service completion or evidence of noncompliance.
Alternative education programs for intoxicated drivers. DHS 75.15(9)(a)1.1.
Alternative education programs shall be modeled after group dynamic traffic safety and multiple offender traffic safety program. An alternative education program shall be conducted in a constructive, interactive, and trusting atmosphere and that include all of the following as part of its curriculum:
Review and discussion of operating while intoxicated laws and penalties.
Discussion of the central causes and consequences of operating while intoxicated.
Discussion of the effects of alcohol and substances on the mind, body, and driving ability.
Education about substance use and substance use disorders, and where participants are in regards to severity of substance use
Education about, and assistance in developing and following a personal change plan.
In addition to the content and objectives under subd. 1.
, programs in lieu of a multiple offender traffic safety program shall involve concerned others, such as a spouse, parent, adult relative, or other appropriate person approved by the instructor, and shall provide education on basic skills in the areas of stress-reduction, substance use refusal, interpersonal communication, and anger management.
Classroom instruction time for programs that are in lieu of group dynamic traffic safety programs shall be a minimum of 16 hours.
Classroom instruction time for programs that are in lieu of multiple offender traffic safety programs shall be a minimum of 24 hours, including a group-oriented follow-up session. The group-oriented follow-up session shall be held within 3 months after completion of the initial 23 hours of the program. If a participant's residence is 60 miles or more from the site of the group-oriented follow-up session, the follow-up session may be conducted by telephone with the participant and a concerned other, such as a spouse, parent, adult relative, or other appropriate person.
A report of course completion or non-completion shall be submitted to the intoxicated driver assessment facility designated under s. DHS 62.04 (1)
for each client assessed by that facility.
The effectiveness of alternative education programs shall be evaluated by administering pretests and posttests of knowledge gained by participants, changed attitudes of participants, and participant satisfaction surveys.
Instructors conducting alternative education shall have the following qualifications:
Two years of employment experience or a comparable amount of experience and education in the area of substance use counseling, assessment, education, or treatment, or related fields such as student assistance program director or employee assistance program director.
Completed a minimum of a one-semester, 3-credit, 45-hour course in the areas of substance use disorder education or treatment from an accredited college or university.
Two years of employment experience in group process work or group counseling as a treatment or education professional.
Completed a minimum of a one-semester, 3-credit, 45-hour course in the area of group work methods, group counseling or group process from an accredited college or university.
Bachelor's or master's degree in guidance counseling, psychology, behavioral studies or social work.
Hold a valid driver's license from the state of Wisconsin or from the jurisdiction in which the person resides. Programs having nonresident instructors shall maintain a record of the nonresident's driver's license and traffic conviction status in the past 12 months.
An individual may not be employed as an instructor until 6 months after the date of any traffic conviction that results in an accumulation of 7 or more points against the individual's driver's license, or until 12 months from the date of an operating while intoxicated conviction under s. 23.33
, or 940.25
, Stats., or an order under s. 343.305
Instructors under this section are not eligible to receive a 3-point reduction by completing a traffic safety course.
Once employed as an instructor under this section, an individual's failure to maintain a satisfactory driving record shall result in the suspension of the individual's instruction duties for 6 months from the date of conviction for a violation which places the point total over 6 points or for 12 months from the date of an operating while intoxicated conviction. If additional points are incurred or the individual is convicted of operating while intoxicated during the suspension period, the individual's instruction duties shall be suspended for 12 months from the date of conviction for a violation which results in points or for 24 months from the date of an operating while intoxicated conviction.
Instructors shall document receiving a minimum of 6 hours of continuing education in a related area, approved by the department, during each 12 months that the individual is employed as an instructor under this section. This training may include formal courses awarding credits or continuing education units, workshops, seminars, or correspondence courses.
DHS 75.15 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (5) (a) 2. b., (8) (a), (9) (b) 4. a. made under s. 35.17, Stats., and correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2021 No. 790. DHS 75.16
DHS 75.16 Applicability of treatment service general requirements.
This subchapter establishes general requirements that apply to the 11 types of community substance use treatment services under ss. DHS 75.49
. General requirements apply to all treatment services certified under this chapter, unless otherwise specified.
DHS 75.16 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction made under s. 35.17, Stats., Register October 2021 No. 790. DHS 75.17
DHS 75.17 Governing authority or entity owner requirements. DHS 75.17(1)(1)
Governing authority or entity owner requirements.
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, including the following:
Ensure 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
DHS 75.17 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) (c) 3. made under s. 35.17, Stats., Register October 2021 No. 790. DHS 75.18
DHS 75.18 General requirements for service staff. DHS 75.18(1)(b)
The service director shall be responsible for all of the following:
Ensuring that appropriate policies and procedures for the service are developed and carried out in compliance with this chapter.
Administrative oversight of the job performance and actions of service staff members.
Compliance with regulations governing the care and treatment of patients and the standards of practice for behavioral health professions.
Unless otherwise specified for a specific level of care, the service director, or staff member designated by the director to be responsible for the operation of the service, shall be readily available, at all times the service is in operation. That person may provide direct counseling or other duties consistent with their scope of practice, in addition to being responsible for the service operation.
A service shall have a clinical supervisor, either on staff or through a contracted agreement, to provide clinical supervision or clinical consultation to clinical staff of a service, as required within this chapter, and consistent with applicable professional licensure and certification requirements.
The clinical supervisor is responsible for professional development of clinical staff, and for ensuring delivery of appropriate clinical services to patients of a service.
Any staff who provides clinical supervision shall be a clinical supervisor, as defined in s. DHS 75.03 (19)
. A clinical supervisor who is on staff of the service and meets the requirements of a substance abuse counselor or mental health professional may provide direct counseling services in addition to supervisory responsibilities.
Substance abuse counselors.
A service shall have a substance abuse counselor, as defined in s. DHS 75.03 (85)
, available during the hours of operation of clinical services.
A service may have prescribers that provide medical services and clinical consultation services. The service shall ensure appropriate training and oversight of prescribers.
A service may have nurses that provide nursing services to support mental health and substance use treatment. The service shall ensure appropriate training and oversight of nursing staff.
A service may have mental health professionals or prescribers that deliver mental health treatment services. All staff who provide mental health treatment, except prescribers knowledgeable in psychiatry, shall meet the appropriate qualifications under ch. 455
or ch. 457
For service levels of care in ss. DHS 75.49
that require a mental health professional, the role of substance abuse counselor and mental health professional may be occupied by the same individual with appropriate credentialing, and providing they are operating within the scope of their practice.
DHS 75.18 History
History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (2) (c), (3), (6) (a) made under s. 35.17, Stats., Register October 2021 No. 790. DHS 75.19(1)(1)
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 the service if the person has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065
, Stats., and ch. DHS 12
, unless the person has been approved under the department's rehabilitation process, as defined in ch. DHS 12