Wisconsin Legislature: DHS 62.03(23)(a)

(2) “Approved private treatment facility” has the meaning given in s. 51.45 (2) (b), Stats.

(3) “Approved public treatment facility” has the meaning given in s. 51.45 (2) (c), Stats.

(4) “Board” means a county human service board established under s. 46.23, Stats., or a county community programs board established under s. 51.42, Stats.

(5) “Client” means a person who is undergoing an intoxicated driver assessment or who is receiving treatment or education under a driver safety plan.

(6) “Controlled substance” has the meaning given in s. 961.01 (4), Stats.

(7) “Controlled substance analog” has the meaning given in s. 961.01 (4m), Stats.

(8) “Department” means the department of health services.

(9) “Dependency” means the use of alcohol, a controlled substance, controlled substance analog, or other drug, to the extent that it interferes with a user’s physical or mental health or social or economic functioning.

(10) “Designated coordinator” means a person appointed by a board under s. DHS 62.04 (5) who has completed the driver assessment training described under s. DHS 62.05 (3), and who is knowledgeable in the psychopharmacology of substances, addiction and addiction treatment, and sentencing and other procedures relating to violations of s. 343.305 (3), 346.63, 940.09, or 940.25, Stats.

(11) “Driver safety plan” means an individualized plan that specifies recommended treatment, education, other services, or a combination of these, directed toward reducing a client’s inclination to drive under the influence of alcohol, a controlled substance, or controlled substance analog.

(12) “Driver safety plan provider” or “plan provider” means any one of the following:

(a) An approved public treatment facility or an approved private treatment facility certified by the department under ch. DHS 75 to provide substance abuse services or a comparable agency lawfully established for that purpose in another state.

(b) A traffic safety school under ch. Trans 106 or comparable school established as a traffic safety school in another state.

(c) A substance abuse treatment program administered by the federal veterans administration that is accredited by the joint commission on the accreditation of health organizations or another nationally recognized health care accrediting body.

(13) “Drug” has the meaning given under s. 961.01 (11), Stats.

(14) “Group dynamics traffic safety program” has the meaning given in s. Trans 106.02 (6).

Note: Section Trans 106.02 (6) defines “group dynamics traffic safety program” as a course that is approved by the department of transportation under s. 345.60, Stats., that encourages students to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Note: For the purposes and use in this chapter, chemical is interpreted to have the same meaning as substance.

(15) “Interagency program for the intoxicated driver committee” or “IPID committee” means a collection of agency and organization representatives appointed by a board to guide the development and implementation of the intoxicated driver program.

(16) “Intoxicated driver assessment “ or “assessment” means an examination of a client’s use of alcohol; a controlled substance; or a controlled substance analog by an intoxicated driver assessor.

(17) “Intoxicated driver assessment facility” or “assessment facility” means an approved private treatment facility or an approved public treatment facility that is certified under s. DHS 75.13 as an outpatient treatment service or s. DHS 75.16 as an intervention service and designated under s. DHS 62.04 (1) by a board to conduct intoxicated driver assessments.

(18) “Intoxicated driver assessor” or “assessor” means a person who is employed by or under contract with an assessment facility to conduct intoxicated driver assessments.

(19) “Local traffic safety school coordinator” means an individual appointed by the Wisconsin technical college district to oversee traffic safety school programs.

(20) “Multiple offender traffic safety program” has the meaning given in s. Trans 106.02 (8).

Note: Section Trans 106.02 (8) defines “multiple offender traffic safety program” as a course that is approved by the department of transportation under s. 345.60, Stats., that encourages students who have multiple traffic offenses involving chemical use to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle.

Note: For the purposes and use in this chapter, chemical is interpreted to have the same meaning as substance.

(21) “Substance” means alcohol, a psychoactive agent, or chemical that principally affects the central nervous system and alters mood or behavior.

(22) “Substance abuse” means use of alcohol or other drugs individually or in combination in a manner that interferes with functioning.

(23) “Traffic safety school” means all of the following:

(a) A group dynamics traffic safety program certified under s. Trans 106.02 (6).

(b) A multiple offender traffic safety program certified under s. Trans 106.02 (8).

(24) “Treatment” means the planned provision of services under ss. DHS 75.05 to 75.15 that are sensitive and responsive to a client’s age, disability, if any, gender and culture that are conducted under clinical supervision to assist the client through the process of recovery.

Note: Treatment functions include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, medication management, referral discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the client’s treatment, recovery, or case management, and may include crisis intervention, client education, vocational assistance and problem resolution in life skills functioning.

(25) “Wisconsin assessment of the impaired driver” or “WAID” means the tool required for use in conducting intoxicated driver assessments.

History: 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 62.04 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:

(1) Designate a single intoxicated driver assessment facility that meets the qualifications and standards set forth under s. DHS 62.05.

(2) Designate driver safety plan providers who provide treatment to clients.

(3) Implement written policies, procedures, and guidelines that address all of the following:

(a) Client records. Policies, procedures, and guidelines shall address all of the following:

1. Custodian of client records.

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.

3. Client record retention and disposal.

4. Transfer of client records between agencies.

(b) Collaboration with and consultation to the courts, assessment facilities, out-of state assessment agencies, and driver safety plan providers.

(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.

(d) Client rights and appeals of assessments, driver safety plans, and reports of noncompliance.

(e) Conflict of interest guidelines.

(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.

(g) Illegal discrimination by programs and staff.

(h) Training requirements.

(i) Assessments, including screening instruments and driver safety plans.

(j) Alternative education, including method for approvals.

(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.

(L) Requests from assessment facilities to extend the time to conduct assessments or driver safety plans.

(4) Establish an IPID committee, if appropriate.

(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:

(a) Participation in intoxicated driver program development, implementation and problem resolution.

(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.

1. Informing the courts of the location, telephone number, and fees of the assessment facility.

2. Providing information about that board’s assessment process that the court may use to inform adjudicated clients.

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.

4. Informing the court about the use of the form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan.

Note: 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.

5. Explaining to the court the confidential nature of reports and the need for client consent for disclosure.

(d) Facilitate an IPID committee if a committee is appointed by the board under sub. (4).

(e) Receive and maintain assessment facility and driver safety plan provider policies and procedures.

(f) Approve all of the following:

1. Screening instruments, in addition to the WAID, used by assessment facilities.

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.

3. Requests by an assessment facility under s. DHS 62.07 (1) (a) for an extension of the time to complete the assessment and driver safety plan.

(g) Provide reports requested by the board.

(h) Train assessment facilities and driver safety plan providers on procedures of the intoxicated driver program.

History: 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 62.05 Intoxicated driver assessment facilities.

(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:

(a) Implement written policies and procedures for all of the following:

1. Client intake and orientation.

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.

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.

4. Prohibit illegal discrimination by the program and staff.

5. Client rights and appeals process, including client notification of those rights.

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.

7. Staff training.

8. Reporting requirements.

9. Fees.

10. Conflict of interest guidelines.

11. Quality assurance.