SUBSTANCE ABUSE SCREENING, TESTING, AND TREATMENT FOR CERTAIN DEPARTMENT WORK EXPERIENCE PROGRAMS
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, Stats. DCF 105.02 Definitions. In this chapter:
(1) “Administering agency” has the meaning given in s. 49.162 (1) (a), Stats. (2) “Confirmation test” or “confirmed test” means a second analytical procedure used to identify the presence of a specific controlled substance or its metabolite in a specimen 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 confirm use of a controlled substance.
(3) “Controlled substance” or “substance” has the meaning given for “controlled substance” in s. 961.01 (4), Stats. (4) “Department” means the department of children and families.
(5) “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.
(6) “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.
(7) “Medical review officer” means a licensed physician who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary medical training to interpret and evaluate an individual’s positive test result in relation to the individual’s medical history and current, valid prescriptions.
(8) “Reasonable suspicion” means suspicion of controlled substance abuse by an individual based on that individual’s score on a screening questionnaire.
(9) “Screening” means completion of a questionnaire regarding the individual’s current and prior use of controlled substances.
(10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.
(11) “Treatment” means the provision of services that are conducted under clinical supervision to assist the patient through the process of recovery 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.
(12) “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. (13) “Work experience program” or “program” in this chapter means a 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, Stats. 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 person 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 105.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse. (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 QUESTIONNAIRE. 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 the work experience program to be complete. An applicant who fails to submit a completed screening questionnaire is not eligible to participate in the work experience program, and the administering agency shall deny the application. A person denied eligibility for a work experience program for failure to complete a screening program may reapply at any time he or she submits a complete application, including a completed screening questionnaire.
(3) DECISION ON ELIGIBILITY. After a completed application that includes the signed and dated questionnaire in sub. (2) is submitted to the administering agency, the agency shall issue a decision that the applicant is eligible for the work experience program without regard to the applicant’s score on the screening questionnaire.
(4) EFFECT OF SUCCESSFULLY PASSING THE SCREENING QUESTIONNAIRE. 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 any work experience program subject to this chapter without further screening, testing, or treatment for the use of a controlled substance.
DCF 105.05 Requiring a test for the use of a controlled substance. (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. 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 test and any 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. Any positive test shall be confirmed through a confirmation test from the original specimen collected from the individual. Methods of analysis for the confirmation test may include quantification by gas chromatograph-mass spectrometer, liquid chromatography-mass spectrometry, tandem mass-spectrometry, or another analytical method approved by a medical review officer for the drug testing vendor.
(3) CONTRACT FOR TESTING SERVICES. Subject to the department’s approval, the administering agency may contract with any 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.
(4) REFUSAL TO SUBMIT TO A TEST. An individual refuses to submit to a test if he or she does any of the following:
(a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.
(b) Fails or refuses to appear for a test at the time and place directed by the administering agency.
(c) Fails or refuses to complete any forms or releases 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.
(d) Fails or refuses to provide a valid specimen for testing.
(e) Fails or refuses to provide verification of identity to the testing vendor.
(f) Fails or refuses to cooperate in the medical review process, 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 the 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 days after the individual agrees to submit to a test. The individual may not participate in any 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 from the initial positive drug test. The results of the confirmation test shall be verified by a medical review officer after considering the individual’s medical history as well as any current valid prescriptions and use of over-the counter medications. All specimens confirmed by the laboratory as non-negative shall be interpreted as positive or negative by the 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 s. 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 s. DCF 105.05 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 for the use of a controlled substance. (9) EFFECT OF A POSITIVE TEST. An individual whose test results are positive for any controlled substance or metabolite tested and 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 105.06 Requiring participation in controlled substance abuse treatment. (1) WHO MAY BE REQUIRED TO PARTICIPATE IN CONTROLLED SUBSTANCE ABUSE 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 testing vendor, shall be required to participate in controlled substance abuse treatment in order to be eligible to participate in a work experience program. (2) REFERRAL FOR TREATMENT. The administering agency shall provide information to individuals required to participate in substance abuse treatment about treatment providers certified under ch. DHS 75 and county-specific assessment and enrollment activities required for treatment entry. The administering agency shall monitor the individual’s progress in entering and completing treatment and the results of any random testing for the use of a controlled substance carried out during and at the conclusion of treatment.
(3) SUBSTANCE ABUSE EVALUATION AND ASSESSMENT. A substance abuse treatment provider may conduct a substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment:
(a) If a substance abuse treatment provider determines an individual does not need substance abuse treatment, the provider shall notify the administering agency of its determination.
(b) If a substance abuse treatment provider determines an individual is in need of substance abuse treatment, the provider shall refer the individual to an appropriate substance abuse treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.
(c) If a substance abuse treatment provider determines an individual is in need of substance abuse treatment but is unable to refer the individual because there is a waiting list for enrollment in appropriate substance abuse treatment programs, the provider shall notify the administering agency when the individual is expected to be enrolled.
(4) ELIGIBILITY OF INDIVIDUAL TO PARTICIPATE IN A WORK EXPERIENCE PROGRAM WHEN TREATMENT IS NOT NEEDED OR THE INDIVIDUAL IS PLACED ON A WAITING LIST. (a) An individual who has been determined by a treatment program after assessment not to need substance abuse treatment will have fully satisfied the requirements of this section and may participate in a work experience program without further screening, testing, or treatment for the use of a controlled substance.
(b) An individual who is on a waiting list for enrollment in an appropriate substance abuse treatment program is eligible to participate in the work experience program during the waiting list period, provided the individual is not eligible for immediate enrollment in any other appropriate substance abuse treatment program.
(5) SATISFYING THE REQUIREMENT TO PARTICIPATE IN TREATMENT THROUGH PARTICIPATION IN ANOTHER PROGRAM. An administering agency shall accept current participation in a substance abuse treatment program, including participation in a treatment program as a requirement of a work experience program under s. 49.79 (9) (d) or 108.133, Stats., or current participation in a substance abuse treatment program required by the Wisconsin department of corrections, to satisfy the requirement of this section. The individual participating in another program shall execute a release of information to allow the administering agency to obtain verification of successful participation in the other program. (6) REFUSAL TO PARTICIPATE IN TREATMENT. An individual refuses to participate in treatment if he or she does any of the following:
(a) Fails or refuses to complete any forms or releases required for program administration, including those required by the treatment provider in order to share information with the administering agency about the individual’s participation in treatment for substance abuse.
(b) Fails or refuses to participate in any controlled substance testing required by the treatment provider or the administering agency during the course of required substance abuse treatment, including random controlled substance testing directed by the treatment provider or administering agency.
(c) Fails or refuses to meet attendance or participation requirements established by the treatment provider.
(d) Fails or refuses to complete a substance abuse assessment.
(7) EFFECT OF REFUSAL TO PARTICIPATE IN TREATMENT. (a) If the treatment provider agrees to continue treatment, an individual who refuses to participate in treatment shall be given one opportunity to participate in treatment by re-entering treatment or an alternative treatment option recommended by the treatment provider within 30 days of the refusal to participate. Alternative treatment options recommended by the treatment provider may include transfer to a new treatment program that will, in the opinion of the current treatment provider, better meet the individual’s treatment needs, enrollment in a supplementary program or individual counseling sessions to support continued participation, adjustment of the intensity of treatment services, or other options recommended by the treatment provider and approved by the administering agency.
(b) An individual who does not re-enter treatment within 30 days of a refusal to participate or who refuses a second time to participate in treatment shall be ineligible to participate in any work experience program administered by the department for a period of 12 months unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program. (8) CONTROLLED SUBSTANCE TESTING DURING REQUIRED TREATMENT. (a) An individual who is receiving substance abuse treatment shall undergo a minimum of one randomly
administered test for the use of a controlled substance as directed by the administering agency during the course of treatment.
(b) An individual who tests positive for use of a controlled substance during treatment without presenting evidence of a valid prescription for the controlled substance may be eligible to re-enter the treatment program or another treatment alternative recommended by the treatment provider. The individual may re-enter treatment only once as a result of a positive test for use of a controlled substance.
(c) An individual who re-enters controlled substance abuse treatment under this subsection shall undergo a minimum of one randomly administered test for the use of a controlled substance during the course of continued treatment following re-entry. After re- entering a treatment program, a confirmed positive test for use of a controlled substance without presenting evidence of a valid prescription for the controlled substance shall be reported to the administering agency and shall result in the individual being ineligible to participate in any work experience program.
(d) An individual who is determined to be ineligible to participate in a work experience program as a result of a second positive test for the use of a controlled substance under par. (c) is not eligible to participate in any work experience program administered by the department for a period of 12 months, unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program. (9) TESTING FOR USE OF A CONTROLLED SUBSTANCE AT THE CONCLUSION OF REQUIRED TREATMENT. (a) All individuals participating in treatment under this section shall undergo testing for use of a controlled substance at the completion of the treatment program.
(b) If an individual tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse treatment and testing requirements under this section and may participate in the work experience program without further screening, testing, or treatment for the use of a controlled substance.
(c) An individual who refuses a test or tests positive for use of a controlled substance at the completion of substance abuse treatment without presenting evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive is not eligible to participate in any work experience program administered by the department for a period of 12 months unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program.
