Chapter DCF 154

DCF 154.02(3) (3) “Controlled substance” or “substance” has the meaning given for “controlled substance” in s. 961.01 (4), Stats.

DCF 154.02(4) (4) “Department” means the department of children and families.

DCF 154.02(4m) (4m) “Medical review officer” means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate a person’s positive test result in relation to that person’s medical history and current valid prescriptions.

DCF 154.02(5) (5) “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.

DCF 154.02(7) (7) “Person” means a parent who is not a custodial parent under s. 767.55 (2) (a), Stats., who has been ordered by the court pursuant to s. 767.55 (2) (am), Stats., to participate in a work experience and job training program under s. 49.36, Stats.

DCF 154.02(8) (8) “Reasonable suspicion” means suspicion of controlled substance abuse by a person based on that person’s score on a screening questionnaire.

DCF 154.02(9) (9) “Screening” means completion of a questionnaire regarding the person’s current and prior use of controlled substances.

DCF 154.02(10) (10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.

DCF 154.02(11) (11) “Treatment” means services that are conducted under clinical supervision to assist a person through the process of recovery from controlled substance abuse and may include screening for abuse of controlled substances, 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, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

DCF 154.02(12) (12) “Treatment program” means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, or a narcotic treatment service for opiate addiction under s. DHS 75.15.

DCF 154.02(13) (13) “Treatment provider” or “provider” means a provider of treatment for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

DCF 154.02(14) (14) “Work experience program” or “program” means a work experience program for noncustodial parents under s. 49.36, Stats.

DCF 154.02 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16; (6) renum. to (4m) under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.

DCF 154.03 DCF 154.03 Information about the requirement for controlled substance abuse screening, testing, and treatment. An administering agency shall provide to any person who has been ordered by a court to register for a work experience program under s. 49.36, Stats., information that explains the requirement to undergo screening, testing, and treatment for abuse of controlled substances. The information shall be in a format approved by the department.

DCF 154.03 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

DCF 154.04 DCF 154.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse.

DCF 154.04(1) (1) Who must complete a screening questionnaire. An administering agency shall administer a controlled substance abuse screening questionnaire approved by the department to any person ordered to participate in a work experience program.

DCF 154.04(2) (2) Effect of failing to complete screening questionnaire. The person is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency. A person who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program.

DCF 154.04(3) (3) Effect of successfully passing the screening questionnaire. A person 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 a work experience program subject to this chapter without further screening, testing, or treatment.

DCF 154.04 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

DCF 154.05 DCF 154.05 Requiring a test for the use of a controlled substance.

DCF 154.05(1) (1) Who may be required to undergo testing. A person 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.

DCF 154.05(2) (2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from a person by a drug testing vendor. 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 cutoff levels for 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 result on the initial drug test shall be confirmed through a confirmation test using the original specimen collected from the person.

DCF 154.05(3) (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.

DCF 154.05 Note The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.

DCF 154.05 Note For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html. To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: [e-mail].

DCF 154.05(4) (4) Refusal to submit to a test. A person refuses to submit to a test if the person does any of the following:

DCF 154.05(4)(a) (a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.

DCF 154.05(4)(b) (b) Fails or refuses to appear for a test at the time and place directed by the administering agency.

DCF 154.05(4)(c) (c) Fails or refuses to complete any form or release 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 administering agency.

DCF 154.05(4)(d) (d) Fails or refuses to provide a valid specimen for testing.

DCF 154.05(4)(e) (e) Fails or refuses to provide verification of identity to the drug testing vendor.

DCF 154.05(4)(f) (f) Fails or refuses to cooperate with the medical review officer, including refusal to complete an interview or answer questions or refusal to provide records necessary to demonstrate possession of a valid prescription.

DCF 154.05(5) (5) Effect of refusal to submit to a test. A person who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the person submits to a test. The administering agency may direct a person 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 person agrees to submit to a test. A person may not participate in the work experience program until the person undergoes a test for the use of a controlled substance and test results have been reported to the administering agency. If a person refuses to submit to a test for a period longer than 10 days, the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program until the person submits to a test.

DCF 154.05(6) (6) Requirement for a confirmation test. If a person tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial drug test. The results of the confirmation test shall be verified by a medical review officer after considering the person’s medical history as well as any current valid prescription and use of over-the counter medication. All test results that are non-negative shall be interpreted as positive or negative by the drug testing vendor’s medical review officer who shall be responsible for determining the presence of a controlled substance.

DCF 154.05(7) (7) Accepting test results from another program. Results of a drug test performed by another state program, including a program under s. 49.159 (1) (b), 49.163, 49.45 (23) (g), 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 a person 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.

DCF 154.05(8) (8) Effect of a negative test. A person who undergoes a test for the use of a controlled substance under this section 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 person 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.

DCF 154.05(9) (9) Effect of a positive test. A person whose test results are positive for any controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 154.06.

DCF 154.05 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

DCF 154.06 DCF 154.06 Requiring participation in treatment.

DCF 154.06(1) (1) Who may be required to participate in treatment. Every person who undergoes a test under s. DCF 154.05 and tests positive for the use of a controlled substance 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, and as determined by the medical review officer for the drug testing vendor, shall be required to participate in treatment in order to be eligible to participate in a work experience program.

DCF 154.06(2) (2) Referral for treatment. The administering agency shall provide information to every person required to participate in treatment about treatment providers and county-specific assessment and enrollment activities required for entry into treatment. The administering agency shall monitor the person’s progress in entering and completing treatment and the results of any random testing for the use of a controlled substance carried out during or at the conclusion of treatment.

DCF 154.06(3) (3) Substance abuse evaluation and assessment. A treatment provider may conduct a substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment:

DCF 154.06(3)(a) (a) If a treatment provider determines a person does not need treatment, the provider shall notify the administering agency of its determination.

DCF 154.06(3)(b) (b) If a treatment provider determines a person is in need of treatment, the provider shall refer the person to an appropriate treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.

DCF 154.06(3)(c) (c) If a treatment provider determines a person is in need of treatment but is unable to refer the person because there is a waiting list for enrollment in appropriate treatment programs, the provider shall notify the administering agency when the person is expected to be enrolled.

DCF 154.06(4) (4) Eligibility of a person to participate in a work experience program when treatment is not needed or the person is placed on a waiting list.

DCF 154.06(4)(a) (a) A person who has been determined by a treatment program after assessment not to need treatment 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.

DCF 154.06(4)(b) (b) A person who is on a waiting list for enrollment in an appropriate treatment program is eligible to participate in a work experience program during the waiting list period, provided the person is not eligible for immediate enrollment in any other appropriate treatment program.

DCF 154.06(5) (5) Satisfying the requirement to participate in treatment through participation in another treatment program. An administering agency shall accept current participation in a treatment program to satisfy the requirements of this section. The person participating in the treatment program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment program.

DCF 154.06(6) (6) Refusal to participate in treatment. A person refuses to participate in treatment if the person does any of the following:

DCF 154.06(6)(a) (a) Fails or refuses to complete any form or release required for program administration, including those required by the treatment provider in order to share information with the administering agency about the person’s participation in treatment.

DCF 154.06(6)(b) (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 treatment, including random controlled substance testing directed by the treatment provider or administering agency.

DCF 154.06(6)(c) (c) Fails or refuses to meet any attendance or participation requirement established by the treatment provider.

DCF 154.06(6)(d) (d) Fails or refuses to complete a substance abuse assessment.

DCF 154.06(7) (7) Effect of refusal to participate in treatment.

DCF 154.06(7)(a) (a) If the treatment provider agrees to continue treatment, a person who refuses to participate in treatment shall be given one opportunity to participate in treatment by re-entering treatment within 30 days of the refusal to participate.

DCF 154.06(7)(b) (b) A person 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 department program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in any program subject to s. 49.162, Stats., for a period of 12 months because the person did not re-enter treatment within 30 days of a refusal to participate or the person refused a second time to participate in treatment.

DCF 154.06(8) (8) Controlled substance testing during required treatment.

DCF 154.06(8)(a) (a) A person who is participating in 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. Additional tests during required treatment may be directed by the administering agency if recommended by the treatment provider or required under par. (c).

DCF 154.06(8)(b) (b) A person 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. The person may re-enter treatment only once as a result of a positive test for use of a controlled substance. The treatment provider shall determine the terms of the person’s re-entry into treatment based on an assessment of the person’s treatment needs at the time the person re-enters treatment. Based on its assessment, the provider may take any of the actions described in sub. (3).

DCF 154.06(8)(c) (c) A person who re-enters treatment under par. (b) 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 person being ineligible to participate in a work experience program.

DCF 154.06(8)(d) (d) A person who is determined to be ineligible to participate in a work experience program as a result of a second positive test during treatment for the use of a controlled substance under par. (c) is not eligible to participate in any department program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate any program subject to s. 49.162, Stats., for a period of 12 months as a result of a second positive test during treatment.

DCF 154.06(9) (9) Testing for use of a controlled substance at the conclusion of required treatment.

DCF 154.06(9)(a) (a) All persons participating in treatment under this section shall undergo testing for use of a controlled substance at the completion of the treatment program.

DCF 154.06(9)(b) (b) If a person 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 person possesses a valid prescription for each controlled substance for which the person tests positive, the person will have satisfactorily completed the treatment and testing requirements under this section and may participate in a work experience program without further screening, testing, or treatment for the use of a controlled substance.

DCF 154.06(9)(c) (c) A person who refuses a test or tests positive for use of a controlled substance at the completion of treatment without presenting evidence satisfactory to the administering agency that the person possesses a valid prescription for each controlled substance for which the person tests positive is not eligible to participate in any program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in any work experience program administered by the department for a period of 12 months as a result of a positive test at the conclusion of treatment.

DCF 154.06(10) (10) Participation in work experience program activities while in treatment. An administering agency may place a person in program activities during treatment if program activities will not interfere with the person’s participation in treatment. A person who is not in treatment following a positive test during treatment or a refusal to participate may not participate in program activities until the person re-enters treatment.

DCF 154.06 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

DCF 154.07 DCF 154.07 Effect of completing, voluntarily withdrawing, or being terminated from a work experience program. A person who completes or voluntarily withdraws from the work experience program is no longer subject to s. 49.162, Stats., or this chapter. A person who is terminated from the program for reasons unrelated to substance abuse screening, testing, and treatment is no longer subject to s. 49.162, Stats., or this chapter, as of the date of termination from the program.

DCF 154.07 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (title) under s. 35. 17, Stats. Register July 2016 No. 727.

DCF 154.08 DCF 154.08 Confidentiality of records. Screening questionnaires, testing results, and treatment records relating to this chapter may not be disclosed unless for purposes connected with the administration of the program unless disclosure is otherwise authorized by law or by written consent from the person who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies may be required to follow to assure compliance with state and federal laws relating to public assistance program records, drug testing and treatment records, and medical records.

DCF 154.08 History History: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.