Wisconsin Legislature: DHS 62.05(3)(b)7.

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.

(b) Maintain a list of plan providers and fees policies of these providers that is updated annually.

(2) Staffing.

(a) Required staff.

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:

a. A substance abuse counselor as defined under s. DHS 75.02 (84) (a).

b. A clinical supervisor as defined under s. DHS 75.02 (11).

c. A professional as defined in s. DHS 61.06 (1) to (13).

d. A social worker; marriage and family therapist; or professional counselor licensed under ch. 457, Stats.

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.

(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.

(3) Training.

(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.

(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:

1. Psychological and socio-cultural aspects of alcohol and drug abuse.

2. Pharmacology.

3. Communication and interviewing skills.

4. Screening, intake, assessment and treatment planning.

5. Human development, abnormal behavior, mental illness, or social learning theory.

6. Motivational interviewing.

7. Brief intervention.

8. Case management.

9. Record keeping.

10. Ethics.

11. Crisis intervention.

12. Outreach.

13. Quality assurance.

14. Other topics approved by the designated coordinator or the department.

History: 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 62.06 Driver safety plan providers. In addition to complying with applicable provisions under this chapter, driver safety plan providers shall operate as follows:

(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.

(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.

(3) Traffic safety schools shall operate in accordance with applicable provisions under ch. Trans 106.

(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.

Note: Section 51.45 (8) (a), Stats., permits a board or its designee to establish reasonable higher standards for approving driver safety plan providers who provide treatment or alternative education services for intoxicated drivers.

History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (1), (2) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 62.07 Assessments and driver safety plans.

(1) General assessment and driver safety plan provisions.

(a) The assessment facility shall complete and submit the intoxicated driver assessment and driver safety plan to the Wisconsin department of transportation; the designated coordinator; the driver safety plan provider; and the client within 14 calendar days of an order by the court or by the Wisconsin department of transportation for an assessment and driver safety plan, or voluntary submission of an individual for an assessment and driver safety plan. The assessment facility shall obtain the client’s informed written consent to release information before the assessment and driver safety plan are submitted to the parties specified and ensure that the assessment findings and the driver safety plan are restricted for use only by these parties.

(b) The assessment facility and the client may make a written request to the designated coordinator for an extension of up to 20 additional working days of the time for completing and submitting an assessment and driver safety plan as required under par. (a). The designated coordinator shall notify the department of transportation upon granting an extension.

Note: The requirements for completing and distributing the assessment and driver safety plan that is set forth under par. (a), including the specified time limits, are mandated by the legislature under s. 343.30 (1q) (c) 3., Stats.

(c) Driver safety plan recommendations shall be supported by assessment findings, documented on form MV 3633, Driver Safety Plan Order, and made in accordance with the policies and procedures established by the assessment facility under s. DHS 62.05 (1) (a).

Note: Copies of form MV 3633, Driver Safety Plan Order 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.

(d) Unless amended under sub. (7), driver safety plans shall have a termination date that is no longer than one year from the date of the client’s signature on the driver safety plan.

(e) Each client shall be permitted and encouraged to participate in the development of the client‘s driver safety plan and selection of an appropriate plan provider.

(f) The driver safety plan shall be signed and dated by the client, stating that the client has reviewed the plan and is aware of the plan.

(g) Each driver safety plan shall designate one or more driver safety plan providers.

(h) A driver safety plan recommending treatment under sub. (5) (b) to (d) shall recommend the least restrictive treatment. The screening procedures under s. DHS 75.03 (10) may be used to develop the driver safety plan recommendation if the finding is one of the findings in sub. (4) (b) 2. to 5.

(i) Driver safety plans may include an assessor’s recommendation for driver licensing action only as it relates to a client’s use of alcohol or other drugs. Driver safety plans may include a recommendation for license denial until plan completion if there is a documented reason to believe the client will not participate in the driver safety plan to completion or that the client will drive while intoxicated.

(2) Conducting an assessment. Only an intoxicated driver assessor may conduct assessments and develop driver safety plans. The assessment facility shall follow the board’s procedures for registering clients and notify the client orally and in writing of all of the following before conducting an assessment:

(a) The appeal procedures under s. DHS 62.15.

(b) Applicable policies of the assessment facility.

Note: Board registration procedures can be found in the board’s information system manuals, handbooks and policy directives.

(3) Method of assessment.

(a) The principal method for assessment shall be a personal interview with the client using the Wisconsin assessment of the impaired driver tool. The WAID may not be copied or distributed.

(b) Assessments may include information provided by other persons; review of relevant records or reports on the client; an interview using substance use disorder diagnostic criteria; an approved mental health screening tool; and additional information-gathering measures, instruments, and tests, including alcohol or drug testing, or lab tests deemed to be clinically useful and approved by the designated coordinator.

(4) Assessment findings.

(a) Assessment findings shall be documented on form MV 3634, Order for Assessment and Driver Safety Plan Report, and include all of the following:

1. The applicable assessment finding as specified in par. (b) and a description of the information and WAID criteria that support the finding.

2. A description of the evaluation instruments applied during the assessments.

3. A description of any supplemental information obtained during the assessment.

(b) Assessment findings shall be any one of the following:

1. Irresponsible use of alcohol, controlled substance, controlled substance analog, or other drug.

2. Irresponsible use-borderline of alcohol, controlled substance, controlled substance analog, or other drug.

3. Suspected alcohol, controlled substance, controlled substance analog, or other drug dependency.

4. Alcohol, controlled substance, controlled substance analog or other drug dependency.

5. Alcohol, controlled substance, controlled substance analog or other drug dependency in remission.

Note: Copies of form MV 3634, Order for Assessment and Driver Safety Plan Report 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) Driver safety plan recommendations.

(a) Traffic safety education recommendations.

1. ‘Finding of irresponsible use.’ If an assessment finding for a client is irresponsible use of alcohol, a controlled substance, a controlled substance analog, or other drug, the driver safety plan recommendation shall be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Alternative education driver safety plan recommendations shall have the prior approval of the local traffic safety school coordinator and the designated coordinator in the client’s county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5). If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.

Note: A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851.

2. ‘Finding of irresponsible use-borderline.’ If the assessment finding for a client is irresponsible use-borderline of alcohol, a controlled substance, controlled substance analog, or other drug, the driver safety plan recommendation may be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Driver safety plans recommending alternative education shall be approved by the local traffic safety school coordinator and the designated coordinator in the client’s county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5). If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.