DHS 36.10 Note
Note: Forms for conducting a caregiver background check including the background information disclosure form may be obtained from the Department's website at
http://www.dhs.wisconsin.gov/forms/DQAnum.asp or by writing or telephoning the Department at Office of Caregiver Quality, P.O. Box 2969, Madison, WI 53701-2969, (608) 261-8319.
DHS 36.10(2)(d)
(d)
Staff records. Staff member records are maintained and include all of the following:
DHS 36.10(2)(d)1.
1. References for job applicants obtained from at least 2 people, including previous employers, educators or post-secondary educational institutions attended if available, and documented either by letter or verification of verbal contact with the reference, dates of contact, person making the contact, individuals contacted and nature and content of the contact.
DHS 36.10(2)(d)2.
2. Confirmation of an applicant's current professional license or certification, if that license or certification is necessary for the staff member's prescribed duties or position.
DHS 36.10(2)(d)3.
3. The results of the caregiver background check conducted in compliance with par.
(c), including a completed background information disclosure form for every background check conducted, and the results of any subsequent investigation related to the information obtained from the background check.
DHS 36.10(2)(e)
(e)
Staff functions. The CCS has the appropriate number of staff to operate the CCS in accordance with the CCS plan, this chapter, and applicable state and federal law. One or more staff members shall be designated to perform all of the following functions:
DHS 36.10(2)(e)1.
1. Mental health professional and substance abuse professional functions. The responsibilities of a mental health professional and a substance abuse professional shall include the responsibilities required under ss.
DHS 36.16 (2) and
(7) and
36.17 (5) (b) 4. Only a mental health professional may fulfill the responsibilities under s.
DHS 36.15.
DHS 36.10(2)(e)2.
2. Administrator functions. A staff member designated to perform these functions shall have the qualifications listed under par.
(g) 1. to
14. whose responsibilities shall include overall responsibility for the CCS, including compliance with this chapter and other applicable state and federal regulations and developing and implementing policies and procedures.
DHS 36.10(2)(e)3.
3. Service director functions. A staff member designated to perform these functions shall have the qualifications listed under par.
(g) 1. to
8. whose responsibilities shall include responsibility for the quality of the services provided to consumers and day-to day consultation to CCS staff.
DHS 36.10(2)(e)4.
4. Service facilitation functions. A staff member designated to perform these functions shall have the qualifications listed under par.
(g) 1. to
21., whose responsibilities shall include ensuring that the service plan and service delivery for each consumer is integrated, coordinated and monitored, and is designed to support the consumer in a manner that helps the consumer to achieve the highest possible level of independent functioning. The responsibilities of a service facilitator shall include the responsibilities required under ss.
DHS 36.16 (2) and
36.19.
DHS 36.10(2)(f)
(f)
Supervision and clinical collaboration. Supervision and clinical collaboration of staff shall meet the requirements in s.
DHS 36.11.
DHS 36.10(2)(g)
(g)
Minimum qualifications. Each staff member shall have the interpersonal skills training and experience needed to perform the staff member's assigned functions and each staff member who provides psychosocial rehabilitation services shall meet the following minimum qualifications:
DHS 36.10(2)(g)1.
1. Psychiatrists shall be physicians licensed under ch.
448, Stats., to practice medicine and surgery and shall have completed 3 years of residency training in psychiatry, child or adolescent psychiatry, or geriatric psychiatry in a program approved by the accreditation council for graduate medical education and be either board–certified or eligible for certification by the American board of psychiatry and neurology.
DHS 36.10(2)(g)2.
2. Physicians shall be persons licensed under ch.
448, Stats., to practice medicine and surgery who have knowledge and experience related to mental disorders of adults or children; or, who are certified in addiction medicine by the American society of addiction medicine, certified in addiction psychiatry by the American board of psychiatry and neurology or otherwise knowledgeable in the practice of addiction medicine.
DHS 36.10(2)(g)3.
3. Psychiatric residents shall hold a doctoral degree in medicine as a medical doctor or doctor of osteopathy and shall have successfully completed 1500 hours of supervised clinical experience as documented by the program director of a psychiatric residency program accredited by the accreditation council for graduate medical education.
DHS 36.10(2)(g)4.
4. Psychologists shall be licensed under ch.
455, Stats., and shall be listed or meet the requirements for listing with the national register of health service providers in psychology or have a minimum of one year of supervised post–doctoral clinical experience related directly to the assessment and treatment of individuals with mental disorders or substance-use disorders.
DHS 36.10(2)(g)5.
5. Licensed independent clinical social workers shall meet the qualifications established in ch.
457, Stats., and be licensed by the examining board of social workers, marriage and family therapists and professional counselors with 3000 hours of supervised clinical experience where the majority of clients are children or adults with mental disorders or substance-use disorders.
DHS 36.10(2)(g)6.
6. Professional counselors and marriage and family therapists shall meet the qualifications required established in ch.
457, Stats., and be licensed by the examining board of social workers, marriage and family therapists and professional counselors with 3000 hours of supervised clinical experience where the majority of clients are children or adults with mental disorders or substance-use disorders.
DHS 36.10(2)(g)7.
7. Adult psychiatric and mental health nurse practitioners, family psychiatric and mental health nurse practitioners or clinical specialists in adult psychiatric and mental health nursing shall be board certified by the American Nurses Credentialing Center, hold a current license as a registered nurse under ch.
441, Stats., have completed 3000 hours of supervised clinical experience; hold a master's degree from a national league for nursing accredited graduate school of nursing; have the ability to apply theoretical principles of advanced practice psychiatric mental health nursing practice consistent with American Nurses Association scope and standards for advanced psychiatric nursing practice in mental health nursing from a graduate school of nursing accredited by the national league for nursing.
DHS 36.10(2)(g)8.a.a. Advanced practice nurse prescribers shall be adult psychiatric and mental health nurse practitioners, family psychiatric and mental health nurse practitioners or clinical specialists in adult psychiatric and mental health nursing who are board certified by the American Nurses Credentialing Center; hold a current license as a registered nurse under ch.
441, Stats.; have completed1500 hours of supervised clinical experience in a mental health environment; have completed 650 hours of supervised prescribing experience with clients with mental illness and the ability to apply relevant theoretical principles of advance psychiatric or mental health nursing practice; and hold a master's degree in mental health nursing from a graduate school of nursing from an approved college or university.
DHS 36.10(2)(g)8.b.
b. Advanced practice nurses are not qualified to provide psychotherapy unless they also have completed 3000 hours of supervised clinical psychotherapy experience.
DHS 36.10(2)(g)9.
9. Certified social workers, certified advance practice social workers and certified independent social workers shall meet the qualifications established in ch.
457, Stats., and related administrative rules, and have received certification by the examining board of social workers, marriage and family therapists and professional counselors.
DHS 36.10(2)(g)10.
10. Psychology residents shall hold a doctoral degree in psychology meeting the requirements of s.
455.04 (1) (c), Stats., and shall have successfully completed 1500 hours of supervised clinical experience as documented by the Wisconsin psychology examining board.
DHS 36.10(2)(g)14.
14. Master's level clinicians shall have a master's degree and coursework in areas directly related to providing mental health services including master's in clinical psychology, psychology, school or educational psychology, rehabilitation psychology, counseling and guidance, counseling psychology or social work.
DHS 36.10(2)(g)15.
15. Other professionals shall have at least a bachelor's degree in a relevant area of education or human services.
DHS 36.10(2)(g)16.
16. Alcohol and drug abuse counselors shall be certified by the department of safety and professional services.
DHS 36.10 Note
Note: Persons previously referred to as “alcohol and drug abuse counselors" are referred to as “substance abuse professionals" in department of safety and professional service rules.
DHS 36.10(2)(g)17.
17. Specialists in specific areas of therapeutic assistance, such as recreational and music therapists, shall have complied with the appropriate certification or registration procedures for their profession as required by state statute or administrative rule or the governing body regulating their profession.
DHS 36.10(2)(g)20.
20. A peer specialist, meaning a staff person who is at least 18 years old, shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, consumer confidentiality, a demonstrated aptitude for working with peers, and a self-identified mental disorder or substance use disorder.
DHS 36.10(2)(g)21.
21. A rehabilitation worker, meaning a staff person working under the direction of a licensed mental health professional or substance abuse professional in the implementation of rehabilitative mental health, substance use disorder services as identified in the consumer's individual treatment plan who is at least 18 years old shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, and consumer confidentiality.
DHS 36.10(2)(g)22.
22. Clinical students shall be currently enrolled in an accredited academic institution and working toward a degree in a professional area identified in this subsection and providing services to the CCS under the supervision of a staff member who meets the qualifications under this subsection for that staff member's professional area.
DHS 36.10(3)
(3) Volunteers. A CCS may use volunteers to support the activities of staff members. Before a volunteer may work independently with a consumer or family member, the CCS shall conduct a background check on the volunteer. Each volunteer shall be supervised by a staff member qualified under sub.
(2) (g) 1. to
17. and receive orientation and training under the requirements of s.
DHS 36.12.
DHS 36.10(4)
(4) Documentation of qualifications. Documentation of staff qualifications shall be available for review by consumers and parents or legal representatives of consumers if parental or legal representative consent to treatment is required.
DHS 36.10 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04; correction in (2) (g) 16. made under s.
13.92 (4) (b) 6., Stats.,
Register February 2014 No. 698.
DHS 36.11
DHS 36.11
Supervision and clinical collaboration. DHS 36.11(1)(a)
(a) Each staff member shall be supervised and provided with the consultation needed to perform assigned functions and meet the credential requirements of this chapter and other state and federal laws and professional associations.
DHS 36.11(1)(b)
(b) Supervision may include clinical collaboration. Clinical collaboration may be an option for supervision only among staff qualified under s.
DHS 36.10 (2) (g) 1. to
8. Supervision and clinical collaboration shall be accomplished by one or more of the following:
DHS 36.11(1)(b)1.
1. Individual sessions with the staff member case review, to assess performance and provide feedback.
DHS 36.11(1)(b)2.
2. Individual session in which the supervisor is present while the staff member provides assessments, service planning meetings or psychosocial rehabilitation services and in which the supervisor assesses, teaches and gives advice regarding the staff member's performance.
DHS 36.11(1)(b)3.
3. Group meetings to review and assess staff performance and provide the staff member advice or direction regarding specific situations or strategies.
DHS 36.11(1)(b)4.
4. Any other form of professionally recognized method of supervision designed to provide sufficient guidance to assure the delivery of effective services to consumers by the staff member.
DHS 36.11(2)
(2) Each staff member qualified under s.
DHS 36.10 (2) (g) 9. to
22. shall receive, from a staff member qualified under s.
DHS 36.10 (2) (g) 1. to
8., day-to-day supervision and consultation and at least one hour of supervision per week or for every 30 clock hours of face-to-face psychosocial rehabilitation services or service facilitation they provide. Day-to day consultation shall be available during CCS hours of operation.
DHS 36.11(3)
(3) Each staff member qualified under s.
DHS 36.10 (2) (g) 1. to
8. shall participate in at least one hour of either supervision or clinical collaboration per month or for every 120-clock hours of face–to–face psychosocial rehabilitation or service facilitation they provide.
DHS 36.11(4)
(4) Clinical supervision and clinical collaboration records shall be dated and documented with a signature of the person providing supervision or clinical collaboration in one or more of the following:
DHS 36.11(4)(c)
(c) Staff record of each staff member who attends the session or review.
DHS 36.11(5)
(5) The service director may direct a staff person to participate in additional hours of supervision or clinical collaboration beyond the minimum identified in this subsection in order to ensure that consumers of the program receive appropriate psychosocial rehabilitation services.
DHS 36.11(6)
(6) A staff member qualified under s.
DHS 36.10 (2) (g) 1. to
8. who provides supervision or clinical collaboration may not deliver more than 60 hours per week of face–to–face psychosocial rehabilitation services, clinical services and supervision or clinical collaboration in any combination of clinical settings.
DHS 36.11 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04;
CR 23-053: am. (1) (b) 2. Register September 2023 No. 813, eff. 10-1-23. DHS 36.12
DHS 36.12
Orientation and training. DHS 36.12(1)(a)
(a)
Orientation program. The CCS shall develop and implement an orientation program that includes all of the following:
DHS 36.12(1)(a)1.
1. At least 40 hours of documented orientation training within 3 months of beginning employment for each staff member who has less than 6 months experience providing psychosocial rehabilitation services to children or adults with mental disorders or substance-use disorders.
DHS 36.12(1)(a)2.
2. At least 20 hours of documented orientation training within 3 months of beginning employment with the CCS for each staff member who has 6 months or more experience providing psychosocial rehabilitation services to children or adults with mental disorders or substance-use disorders.
DHS 36.12(1)(a)3.
3. At least 40 hours of documented orientation training for each regularly scheduled volunteer before allowing the volunteer to work independently with consumers or family members.
DHS 36.12(1)(b)
(b)
Orientation training. Orientation training shall include and staff members shall be able to apply all of the following:
DHS 36.12(1)(b)5.
5. The basic provisions of civil rights laws including the Americans with disabilities act of 1990 and the civil rights act of 1964 as the laws apply to staff providing services to individuals with disabilities.
DHS 36.12(1)(b)8.
8. Current knowledge about mental disorders, substance-use disorders and co-occurring disabilities and treatment methods.
DHS 36.12(1)(b)8m.
8m. Recovery concepts and principles which ensure that services and supports promote consumer hope, healing, empowerment and connection to others and to the community; and are provided in a manner that is respectful, culturally appropriate, collaborative between consumer and service providers, based on consumer choice and goals and protective of consumer rights.
DHS 36.12(1)(b)9.
9. Current principles and procedures for providing services to children and adults with mental disorders, substance-use disorders and co-occurring disorders. Areas addressed shall include recovery-oriented assessment and services, principles of relapse prevention, psychosocial rehabilitation services, age–appropriate assessments and services for individuals across the lifespan, trauma assessment and treatment approaches, including symptom self-management, the relationship between trauma and mental and substance abuse disorders, and culturally and linguistically appropriate services.
DHS 36.12(1)(b)10.
10. Techniques and procedures for providing non–violent crisis management for consumers, including verbal de–escalation, methods for obtaining backup, and acceptable methods for self–protection and protection of the consumer and others in emergency situations, suicide assessment, prevention and management.
DHS 36.12(1)(b)11.
11. Training that is specific to the position for which each employee is hired.
DHS 36.12 Note
Note: Service facilitators, for example, need a thorough understanding of facilitation and conflict resolution techniques, resources for meeting basic needs, any eligibility requirements of potential resource providers and procedures for accessing these resources. Mental health professionals and substance abuse professionals will need training regarding the scope of their authority to authorize services and procedures to be followed in the authorization process.
DHS 36.12(1)(c)
(c)
Ongoing training program. The CCS shall ensure that each staff member receives at least 8 hours of inservice training a year that shall be designed to increase the knowledge and skills received by staff members in the orientation training provided under par.
(b). Staff shared with other community mental health or substance abuse programs may apply documented in-service hours received in those programs toward this requirement if that training meets the requirements under this chapter. Ongoing in-service training shall include one or more of the following:
DHS 36.12(1)(c)1.
1. Time set aside for in–service training, including discussion and presentation of current principles and methods of providing psychosocial rehabilitation services.
DHS 36.12(1)(c)2.
2. Presentations by community resource staff from other agencies, including consumer operated services.
DHS 36.12(1)(d)
(d)
Training records. Updated, written copies of the orientation and ongoing training programs and documentation of the orientation and ongoing training received by staff members and volunteers shall be maintained as part of the central administrative records of the CCS.
DHS 36.12 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04; corrections in (1) (b) 6. and 7. made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DHS 36.13(1)(1)
Application. Any person seeking services under this chapter shall complete an application for services. Upon receipt of an application the CCS shall determine the applicant's need for psychosocial rehabilitation services pursuant to s.
DHS 36.14.
DHS 36.13(1m)
(1m) Admission agreement. An admission agreement that includes all of the following shall be signed by applicant at the time of application to the CCS:
DHS 36.13(1m)(a)
(a) The nature of the CCS in which the consumer will be participating, including the hours of operation and how to obtain crisis services during hours in which the CCS does not operate, and staff member titles and responsibilities.
