Subchapter III- Prevention and Intervention Service Requirements
DHS 75.15 Prevention service
DHS 75.16 Intervention service and intoxicated driver services
Subchapter IV – Treatment Service General Requirements
DHS 75.17 Applicability of treatment service general requirements
DHS 75.18 Governing authority or entity owner requirements
DHS 75.19 General requirements for service staff
DHS 75.20 Personnel requirements
DHS 75.21 Patient case records
DHS 75.22 Confidentiality
DHS 75.23 Services for minors
DHS 75.24 Service levels of care
DHS 75.25 Service operations
DHS 75.26 Outcome monitoring and quality improvement plan
Subchapter V- Residential Service Facility Requirements
DHS 75.27 Applicability
DHS 75.28 Organizational requirements
DHS 75.29 Definitions
DHS 75.30 Application for initial certification
DHS 75.31 Services for non-ambulatory or semi-ambulatory patients
DHS 75.32 General facility requirements
DHS 75.33 Residential personnel requirements
DHS 75.34 Residential service records
DHS 75.35 Residential services for minors
DHS 75.36 Residential services for parents with residing minors
DHS 75.37 Emergency medical care for residents
DHS 75.38 Seclusion and restraints
DHS 75.39 Medications
DHS 75.40 Infection control program
DHS 75.41 Food service
DHS 75.42 Physical environment
DHS 75.43 Safety
DHS 75.44 Guests and visitors
DHS 75.45 Building design
DHS 75.46 Requirements for new construction, remodeling, additions, or newly-certified existing structures
Subchapter VI – Additional Requirements for Treatment Service Levels of Care
DHS 75.50 Applicability of other requirements
DHS 75.51 Service requirements by level of care tables
DHS 75.52 Outpatient substance use treatment service
DHS 75.53 Integrated behavioral health treatment service
DHS 75.54 Intensive outpatient treatment service
DHS 75.55 Day treatment or partial hospitalization treatment service
DHS 75.56 Transitional residential treatment service
DHS 75.57 Medically monitored residential treatment service
DHS 75.58 Medically managed inpatient treatment service
DHS 75.59 Residential integrated behavioral health stabilization service
DHS 75.60 Residential withdrawal management service
DHS 75.61 Residential intoxication monitoring service
Subchapter VII – Opioid Treatment Programs and Office-Based Opioid Treatment
DHS 75.62 Opioid treatment program
DHS 75.63 Office-based opioid treatment service
SUBCHAPTER I
GENERAL PROVISIONS
DHS 75.01 Authority and purpose.
(1) This chapter is promulgated under the authority of ss. 46.973 (2) (c), 51.42 (7) (b), 51.4224, and 51.45 (8) and (9), Stats., to establish standards for community substance use 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 use services be available to Wisconsin citizens.
DHS 75.02 Applicability.
(1) This chapter shall apply to all of the following:
(a) A publicly or privately operated facility providing substance use treatment services, per ss. 51.01 (19) and 51.45 (8) (c), Stats.
(b) A publicly or privately operated facility providing substance use treatment services approved by the state opioid treatment authority.
(c) A substance use service that receives funds under ch. 51, Stats., is funded through the department as the federally designated single state agency for substance use services, receives substance abuse prevention and treatment funding or other funding specifically designed for providing services under ss. DHS 75.15 to 75.16, where certification is required by a contract with the department.
(d) An intoxicated driver service described in s. DHS 75.16.
(e) A publicly or privately operated service that requests certification by the department.
(2) The provision of substance use treatment services to a patient in the state of Wisconsin via telehealth, regardless of the location of the program or facility, shall constitute the practice of substance use services in the state of Wisconsin and shall meet the requirements of this chapter.
(3) This chapter shall not apply to a general medical service that delivers substance use treatment services as an adjunct to general medical care, unless that service holds itself out as providing substance use treatment services, per 42 CFR 2.11.
DHS 75.03 Definitions. In this chapter:
(1) “Adult” means an individual aged 18 or older.
(2) “Adult residential integrated behavioral health stabilization service means a residential behavioral health treatment service, delivered under the supervision of a medical director, that provides withdrawal management and intoxication monitoring for adults, as well as integrated behavioral health stabilization services for adults, and includes nursing care and physician monitoring that is available on-site on a 24-hour basis. Patients in this setting may receive treatment services for a substance use disorder, a mental health disorder, or both.
(3) “Administrative discharge” means discharge of a patient from a service that is initiated by the service for reasons including program policies, behavioral concerns, or provider-initiated termination.
(4) “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 multiple offender traffic safety program.
(5) “Applicant” means an individual or entity that has requested certification by the department as a community substance use service under this rule.
(6) “Approved placement criteria” means ASAM or similar placement criteria that may be approved by the department.
Note: The department will consider the following for approval of other placement criteria: a multi-dimensional assessment tool that captures behavioral health, physical health, readiness for change, and social risk levels and directly correlates risk level to service levels of care based on frequency and intensity of the service. The criteria shall be accepted and utilized within professional organizations in the field of healthcare and shall allow for consistency of interpretation across settings and providers.
(7) “ASAM” means the American Society of Addiction Medicine.
(8) “ASAM placement criteria” means a multi-dimensional set of placement criteria for assessing substance use patient risk and need areas and establishing treatment service level of care, published ASAM.
Note: The publication, Patient Placement Criteria for the Treatment of Substance−Related Disorders, published by ASAM, may be consulted at the department’s bureau of prevention, treatment and recovery. Further information about the ASAM placement criteria can be obtained at the American Society of Addiction Medicine internet site at www.asam.org.
(9) “Assessment update” means the procedure by which a clinical staff of a service, operating within the scope of their practice, gathers relevant information to update prior assessment data, including updated substance use history, mental health symptoms and functioning, newly identified or changing behavioral and physical health needs, and significant psycho-social changes that may impact treatment or overall functioning. An assessment update includes a review of level of care placement criteria, if applicable,
(10) “Available on a 24-hour basis” means that the designated staff of a service is available in-person or on-call, including by phone or other electronic means that allows for real-time interface.
(11) “Behavioral health” means the spectrum encompassing mental health and substance use disorders occurring either independently or simultaneously.
(12) “Caregiver” means a person as defined in s. 48.685 (1)(ag) or s. 50.065 (1)(ag), Stats.
(13) “Case management” means the planning and coordination of services to meet an individual’s identified health needs, and assistance provided to the individual for engagement in such services to support the individual’s overall treatment and recovery.
(14) “Certification” means approval of a service by the department’s division of quality assurance.
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