DHS 62.03 HistoryHistory: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (1), (8), (12) (a), (17) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635. DHS 62.04DHS 62.04 Board responsibilities for the intoxicated driver program. Pursuant to authority under s. 51.42, Stats., a board shall implement an intoxicated driver program in the board’s geographic area. To implement the intoxicated driver program, the board shall do all of the following: DHS 62.04(1)(1) Designate a single intoxicated driver assessment facility that meets the qualifications and standards set forth under s. DHS 62.05. DHS 62.04(2)(2) Designate driver safety plan providers who provide treatment to clients. DHS 62.04(3)(3) Implement written policies, procedures, and guidelines that address all of the following: DHS 62.04(3)(a)(a) Client records. Policies, procedures, and guidelines shall address all of the following: DHS 62.04(3)(a)2.2. Confidentiality of client records. Policies, procedures, or guidelines shall be consistent with s. DHS 62.13, ch. DHS 92 and applicable state and federal laws. DHS 62.04(3)(b)(b) Collaboration with and consultation to the courts, assessment facilities, out-of state assessment agencies, and driver safety plan providers. DHS 62.04(3)(c)(c) Fees that may be charged to clients under ch. DHS 1 and s. DHS 62.11 including notification to clients of the client’s liability for fees. DHS 62.04(3)(d)(d) Client rights and appeals of assessments, driver safety plans, and reports of noncompliance. DHS 62.04(3)(f)(f) Client referrals to driver safety plan providers, to assessment facilities within the geographic area and other counties, and to out-of-state assessment agencies. DHS 62.04(3)(i)(i) Assessments, including screening instruments and driver safety plans. DHS 62.04(3)(k)(k) Procedures for assessments and driver safety plan services for persons referred from another board’s geographic area, another state, or the Wisconsin department of corrections. DHS 62.04(3)(L)(L) Requests from assessment facilities to extend the time to conduct assessments or driver safety plans. DHS 62.04(4)(4) Establish an IPID committee, if appropriate. DHS 62.04(5)(5) Appoint a designated coordinator to be responsible for the intoxicated driver program on behalf of the board. The designated coordinator shall provide or arrange for all of the following: DHS 62.04(5)(a)(a) Participation in intoxicated driver program development, implementation and problem resolution. DHS 62.04(5)(b)(b) Consultation as needed to assessment facilities, driver safety plan providers, local traffic safety coordinators, clients, and the public as appropriate on board policy and procedures, requirements of this chapter, and fees. DHS 62.04(5)(c)(c) Information or assistance and consultation, to the courts which includes all of the following: DHS 62.04(5)(c)1.1. Informing the courts of the location, telephone number, and fees of the assessment facility. DHS 62.04(5)(c)2.2. Providing information about that board’s assessment process that the court may use to inform adjudicated clients. DHS 62.04(5)(c)3.3. Making the court aware that the court’s order should refer a Wisconsin resident directly to an assessment facility in the resident’s county of residence, refer an individual without an established residence to the facility in the county of conviction, and refer an out–of–state resident to the facility in the county of conviction or to a Wisconsin border county facility when this is more convenient for the individual. DHS 62.04(5)(c)4.4. Informing the court about the use of the form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan. DHS 62.04 NoteNote: Form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc. DHS 62.04(5)(c)5.5. Explaining to the court the confidential nature of reports and the need for client consent for disclosure. DHS 62.04(5)(d)(d) Facilitate an IPID committee if a committee is appointed by the board under sub. (4). DHS 62.04(5)(e)(e) Receive and maintain assessment facility and driver safety plan provider policies and procedures. DHS 62.04(5)(f)1.1. Screening instruments, in addition to the WAID, used by assessment facilities. DHS 62.04(5)(f)2.2. In conjunction with the local traffic safety school coordinator, approve driver safety plans that recommend alternative education when factors such as the client’s language, developmental disability, mental illness, cognitive deficit, illiteracy, or extreme hardship are present. DHS 62.04(5)(h)(h) Train assessment facilities and driver safety plan providers on procedures of the intoxicated driver program. DHS 62.04 HistoryHistory: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (3) (a) 2. and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 62.05DHS 62.05 Intoxicated driver assessment facilities. DHS 62.05(1)(1) General requirements. No agency may conduct intoxicated driver assessments and develop driver safety plans unless appointed by the board as a designated intoxicated driver assessment facility under s. DHS 62.04 (1). The policies and procedures required under par. (a) shall be uniformly applied to all clients. An assessment facility shall do all of the following: DHS 62.05(1)(a)(a) Implement written policies and procedures for all of the following: DHS 62.05(1)(a)2.2. Maintaining client records. Policies implemented for client records shall be consistent with the policies, procedures and guidelines on confidentiality of client records created by the board under s. DHS 62.04 (3) (a) 2., ch. DHS 92, 45 CFR Part 164 , Subpart E and other applicable state and federal laws. DHS 62.05(1)(a)3.3. Assessment and driver safety plans. Policies implemented for assessments and driver safety plans shall include a process for referring residents to appropriate plan providers and non-residents to an appropriate comparable intoxicated driver program in the person’s state of residence. DHS 62.05(1)(a)5.5. Client rights and appeals process, including client notification of those rights. DHS 62.05(1)(a)6.6. Collaboration and correspondence with other assessment facilities, the courts, the designated coordinator, the Wisconsin department of transportation, traffic safety schools, driver safety plan providers, and clients. DHS 62.05(1)(b)(b) Maintain a list of plan providers and fees policies of these providers that is updated annually. DHS 62.05(1)(c)(c) Perform other appropriate duties under this chapter as authorized by the board. DHS 62.05(2)(a)1.1. An assessment facility shall employ or contract with at least one intoxicated driver assessor. Each intoxicated driver assessor employed or under contract with the facility shall have successfully completed the intoxicated driver assessor training under sub. (3) and have the qualifications of one of the following professions: DHS 62.05(2)(a)1.d.d. A social worker; marriage and family therapist; or professional counselor licensed under ch. 457, Stats. DHS 62.05(2)(a)2.2. The department may approve the employment of individuals with lesser qualifications than those stated in subd. 1. if the assessment facility can demonstrate and document need. The department may limit the duration of any exception granted under this subdivision. DHS 62.05(2)(b)(b) Supervision. Competency in intoxicated driver assessment skills shall be documented through supervisor evaluations. The intoxicated driver program assessor shall be supervised by a superior who has completed the intoxicated driver assessment training required under sub. (3) and be knowledgeable in psychopharmacology of substances, addiction, and addiction treatment as evidenced by education, training, or experience. DHS 62.05(3)(a)(a) Assessment facilities shall arrange for attendance of its intoxicated driver assessors at department-approved assessor training and other staff development training including training in local procedures provided or arranged by the designated coordinator. DHS 62.05(3)(b)(b) Each assessor shall successfully complete a minimum of 6 hours of continuing education each year. Continuing education may include formal courses awarding credits or continuing education units, workshops, seminars, or correspondence courses in any of the following areas: DHS 62.05(3)(b)1.1. Psychological and socio-cultural aspects of alcohol and drug abuse. DHS 62.05(3)(b)5.5. Human development, abnormal behavior, mental illness, or social learning theory. DHS 62.05(3)(b)14.14. Other topics approved by the designated coordinator or the department. DHS 62.05 HistoryHistory: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (1) (a) 2. and (2) (a) 1. a. to c. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 62.06DHS 62.06 Driver safety plan providers. In addition to complying with applicable provisions under this chapter, driver safety plan providers shall operate as follows: DHS 62.06(1)(1) A driver safety plan provider who provides treatment to a client under ss. DHS 75.05 to 75.15 shall comply with the applicable provisions of ch. DHS 75. DHS 62.06(2)(2) A driver safety plan provider who provides services to a client under ss. DHS 75.05 to 75.16 and this chapter shall include the intoxicated driver assessment findings and driver safety plan recommendations in their assessment and treatment planning. DHS 62.06(3)(3) Traffic safety schools shall operate in accordance with applicable provisions under ch. Trans 106. DHS 62.06(4)(4) Providers of alternative education shall operate in accordance with applicable provisions of this chapter and applicable provisions of s. DHS 75.13 or 75.16.
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