This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
DHS 75.02(70) (70)“Prevention service" means an integrated combination of universal, selective and indicated measures that use a variety of strategies in order to prevent substance abuse and its effects.
DHS 75.02(70g) (70g)“Prevention specialist" means an individual who meets the qualifications established in s. SPS 160.02 (23).
DHS 75.02(70r) (70r)“Prevention specialist-in-training" means an individual who meets the qualifications established in s. SPS 160.02 (24).
DHS 75.02(71) (71)“Prevention strategy" means activities targeted to a specific population or the larger community that are designed to be implemented before the onset of problems as a means to prevent substance abuse or its detrimental effects from occurring.
DHS 75.02(72) (72)“Preventive intervention" means any strategy or action directed at a population or person not at the time suffering from any discomfort or disability due to the use of alcohol or another substance but identified as being at high risk to develop problems associated either with his or her own use of alcohol or other substances or another person's use of alcohol or other substance.
DHS 75.02(73) (73)“Primary counselor" means a substance abuse counselor who is assigned by the service to develop and implement a patient's individualized treatment program and to evaluate the patient's progress in treatment.
DHS 75.02(74) (74)“Referral" means the establishment of a link between a patient and another service by providing patient authorized documentation to the other service of the patient's needs and recommendations for treatment services, and includes follow-up within one week as to the disposition of the recommendations.
DHS 75.02(75) (75)“Registered nurse" means a person who is licensed under ch. 441, Stats., as a registered nurse.
DHS 75.02(76) (76)“Relapse prevention" means services designed to support the recovery of the individual and to prevent recurrence of substance abuse.
DHS 75.02(77) (77)“Residential intoxication monitoring service" means a service providing 24-hour per day observation by non-medical staff to monitor the resolution of alcohol or sedative intoxication and to monitor alcohol withdrawal.
DHS 75.02(78) (78)“Service" means a structured delivery system, formerly called a program, for providing substance abuse prevention, intervention or treatment services.
DHS 75.02(78m) (78m)“Social worker" has the meaning given in s. MPSW 2.01 (16).
DHS 75.02(79) (79)“Staff development" means activities designed to improve staff competency and job performance which may include the following:
DHS 75.02(79)(a) (a) Orientation that includes learning activities that provide understanding of the contextual relationship of concepts, ideas and processes required for job performance.
DHS 75.02(79)(b) (b) Education that includes learning activities that provide cognitive information to build the knowledge base required for improving job performance.
DHS 75.02(79)(c) (c) Training that includes learning activities that develop knowledge, skills and attitudes aimed at changing behaviors to enhance or improve job performance.
DHS 75.02(80) (80)“Staffing" means a regularly scheduled review of a patient's treatment goals, the treatment strategies and objectives being utilized or proposed, potential amendments to the treatment plan and the patient's progress or lack of progress, including placement criteria for the level of care the patient is in, with participants to include at least the patient's primary counselor and the clinical supervisor, and a mental health professional if the patient is dually diagnosed.
DHS 75.02(81) (81)“State methadone authority" means the department's bureau of prevention, treatment and recovery which is the state agency designated by the governor pursuant to 42 CFR 8.2 to exercise the responsibility and authority within Wisconsin for governing the treatment of narcotic addiction with a narcotic drug.
DHS 75.02(82) (82)“Substance" means a psychoactive agent or chemical which principally affects the central nervous system and alters mood or behavior and may include nicotine if the individual is being treated for abuse of or dependence on alcohol or a controlled substance or a controlled substance analog under ch. 961, Stats.
DHS 75.02(83) (83)“Substance abuse" means use of alcohol or another substance individually or in combination in a manner that interferes with functioning in any of the following areas of an individual's life: educational, vocational, health, financial, legal, personal relationships or role as a caregiver or homemaker.
DHS 75.02(84) (84)“Substance abuse counselor" or “counselor" means any of the following:
DHS 75.02(84)(a) (a) A clinical substance abuse counselor as defined in s. SPS 160.02 (5).
DHS 75.02(84)(b) (b) A substance abuse counselor as defined in s. SPS 160.02 (26).
DHS 75.02(84)(c) (c) A substance abuse counselor-in-training as defined in s. SPS 160.02 (27).
DHS 75.02(84)(d) (d) An individual who holds a clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 457, Stats.
DHS 75.02(85) (85)“Substance abuse screening" means the process by which a patient is determined appropriate and eligible for service in the substance abuse treatment delivery system.
DHS 75.02(86) (86)“Substance use disorder" means the existence of a diagnosis of “substance dependence" or “substance abuse," listed in DSM-IV, excluding nicotine dependence.
DHS 75.02(87) (87)“Supervised clinical experience" means supervision of a master's level mental health professional in clinical practice by a mental health professional qualified under s. DHS 34.21 (3) (b) 1. to 9. gained after the person being supervised has received a master's degree.
DHS 75.02 Note Note: See Appendix B-8.
DHS 75.02(88) (88)“Transfer" means the change of a patient from one level of care to another. The change may take place at the same location or by physically moving the patient to a different site for the new level of care.
DHS 75.02(89) (89)“Transitional residential treatment service" means a clinically supervised, peer-supported therapeutic environment with clinical involvement. The service provides substance abuse treatment in the form of counseling equaling between 3 to 11 hours weekly, immediate access to peer support and intensive case management which may include direct education and monitoring in the areas of personal health and hygiene, community socialization, job readiness, problem resolution counseling, housekeeping and financial planning.
DHS 75.02(90) (90)“Treatment" means the planned provision of services that are sensitive and responsive to a patient's age, disability, if any, gender and culture, and that are conducted under clinical supervision to assist the patient through the process of recovery.
DHS 75.02 Note Note: Treatment functions include screening, 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 services, recovery and case management, and may include crisis intervention, client education, employment and problem resolution in life skills functioning.
DHS 75.02(91) (91)“Treatment plan" or “plan" means identified and ranked goals and objectives and resources agreed upon by the patient, the counselor and the consulting physician to be utilized in facilitation of the patient's recovery.
DHS 75.02(92) (92)“Treatment planning" means the process by which the counselor, the patient and, whenever possible, the patient's family, identify and rank problems needing resolution, establish agreed-upon immediate, short-term and long-term goals and decide on a treatment process and resources to be utilized based upon the severity of the patient's presenting problems.
DHS 75.02(93) (93)“Treatment service" means any service under ss. DHS 75.10 to 75.15.
DHS 75.02(95) (95)“Withdrawal" means the development of a psychological and physical syndrome caused by the abrupt cessation of or reduction in substance use that has been heavy and prolonged. The symptoms include clinically significant distress or impairment in social, occupational or other important areas of functioning and are not due to a general medical condition or better accounted for by another mental disorder.
DHS 75.02(96) (96)“Withdrawal screening" means the evaluation of a patient's condition as it relates to current or potential withdrawal from alcohol or another substance.
DHS 75.02(97) (97)“WI-UPC" means Wisconsin uniform placement criteria, a placement instrument that yields a placement recommendation as to an appropriate level of care at which a patient should receive services. The criteria determine if a patient is clinically eligible for substance abuse services and then provide a basis for examining the degree of impairment in specific dimensions of the patient's life.
DHS 75.02 Note Note: The publication, Wisconsin Uniform Placement Criteria, may be consulted at the department's bureau of prevention, treatment and recovery, Room 437, 1 W. Wilson Street, Madison, Wisconsin. To request a copy, write Bureau of Prevention, Treatment and Recovery, P.O. Box 7851, Madison, WI 53707-7851.
DHS 75.02(98) (98)“WI-UPC assets criteria" means the strengths the patient possesses. Examples are evidence that the patient is free of withdrawal symptoms, the patient is not under the influence of substances, the patient has a supportive and safe living environment and the patient is willing to follow the agreed-upon elements of the treatment plan.
DHS 75.02(99) (99)“WI-UPC needs criteria" means the identified problems or condition of a patient which help in determining the level of intensity of service required for progress in achieving treatment goals and bringing about the patient's recovery.
DHS 75.02 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 06-035: cr. (1m) and (34m), am. (82), r. and recr. (7) and (34), Register November 2006 No. 611, eff. 12-1-06; corrections in (18), (33m) (d), (34), (46) and (87) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 09-109: r. (6), (10), (11) (d) to (f) and (94), am. (7), (11) (a), (15), (68) and (81), cr. (9m), (21m), (70g), (70r) and (78m), r. and recr. (84) Register May 2010 No. 653, eff. 6-1-10; correction in (9m), (11) (a), (15), (21m), (68), (70g), (70r), (84) (a) to (d), made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; correction in (33m) (e) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; 2017 Wis. Act 262: am. (15), (84) (d) Register April 2018 No. 748, eff. 5-1-18.
DHS 75.03 DHS 75.03 General requirements.
DHS 75.03(1)(1)Applicability. This section establishes general requirements that apply to the 13 types of community substance abuse services under ss. DHS 75.04 to 75.16. Not all general requirements apply to all services. Table DHS 75.03 indicates the general requirement subsections that apply to specific services.
X = required O = not required
DHS 75.03(2) (2)Certification.
DHS 75.03(2)(a) (a) Approval. Each service that receives funds under ch. 51, Stats., is approved by the state methadone authority, is funded through the department's bureau of prevention, treatment, and recovery, or receives other substance abuse prevention and treatment funding or other funding specifically designated to be used for providing services described under ss. DHS 75.04 to 75.16, shall be certified by the department under this chapter.
DHS 75.03(2)(b) (b) Application. An individual or organization seeking certification of a service under this chapter shall apply to the department for certification on a form provided by the department.
DHS 75.03 Note Note: For a copy of the application for certification, write to Behavioral Health Certification Section, P.O. Box 2969, Madison, WI 53701-2969.
DHS 75.03(2)(c) (c) Determination. Upon receipt of a completed application for certification the department shall review the application for compliance with this chapter, which may include an on-site survey. Within 45 days after receiving a completed application, the department shall either approve or deny the application. If the application for certification is denied, the department shall give the individual or organization applying for certification reasons, in writing, for the denial and shall inform the individual or organization of a right to appeal that decision under par. (h).
DHS 75.03(2)(d) (d) Duration. The department may issue a certification for a period of up to 2 years. The certification shall remain in effect for that period unless suspended or revoked prior to expiration.
DHS 75.03(2)(e) (e) Renewal. The department shall send a renewal notice and instructions to the certificate holder 60 days before expiration of the certification.
DHS 75.03(2)(f) (f) Denial.
DHS 75.03(2)(f)1.1. The department may refuse to issue a certification if an applicant fails to meet all requirements of this chapter or may refuse to renew a certification if the applicant no longer meets or has violated any provision of this chapter.
DHS 75.03(2)(f)2. 2. The department may refuse to issue a certification if the applicant has previously had a certification revoked for failure to comply with rules promulgated by the department or a comparable agency in another state.
DHS 75.03(2)(g) (g) Suspension or revocation. The department may at any time upon written notice to a certificate holder suspend or revoke the certificate if the department finds that the service does not comply with this chapter. The notice shall state the reasons for the suspension or revocation and shall inform the certificate holder of the right under par. (h) to appeal that decision.
DHS 75.03(2)(h) (h) Responsibility for interpretation. The department's bureau of prevention, treatment and recovery is responsible for the interpretation of the meaning and intent of the provisions of this chapter.
DHS 75.03(2)(i) (i) Appeals.
DHS 75.03(2)(i)1.1. If the department denies, refuses to renew, suspends or revokes a certification, the individual, organization or service applying for certification or renewal may request an administrative hearing under ch. 227, Stats. If a timely request for hearing is made on a decision to suspend or revoke or not renew a certification, that action is stayed pending the decision on the appeal except when the department finds that the health, safety or welfare of patients requires that the action take effect immediately. A finding of a requirement for immediate action shall be made in writing by the department.
DHS 75.03(2)(i)2. 2. A client shall file his or her request for a fair hearing in writing with the division of hearings and appeals in the department of administration within 30 days after the date of the notice of adverse action under par. (c) or (g). If a request is not received within 30 days, no hearing is available. A request is considered filed when received by the division of hearings and appeals. Receipt of notice is presumed within 5 days of the date the notice was mailed.
DHS 75.03 Note Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, WI, 53707, 608-266-3096. Hearing requests may be delivered in person to the office at 5005 University Avenue, Room 201, Madison, WI.
DHS 75.03(2)(i)3. 3. In accordance with ch. HA 3, the division of hearings and appeals shall consider and apply all standards and requirements of this chapter.
DHS 75.03(3) (3)Governing authority. The governing authority or legal owner of a service shall do all of the following:
DHS 75.03(3)(a) (a) Establish written policies and procedures for the operation of the service and exercise general direction over the service.
DHS 75.03(3)(b) (b) Appoint a director whose qualifications, authority and duties are defined in writing.
DHS 75.03(3)(c) (c) Develop and provide a policy manual that describes the policies and procedures for the delivery of services.
DHS 75.03(3)(d) (d) Comply with local, state and federal laws.
DHS 75.03(3)(e) (e) Establish a written policy stating that the service will comply with patient rights requirements as specified in this chapter and in ch. DHS 94.
DHS 75.03(3)(f) (f) Establish written policies and procedures stating that services will be available and accessible and, that with the exception of par. (g), no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, handicap or age, in accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 USC 2000d, Title XI of the Education Amendments of 1972, 20 USC 1681-1686 and s. 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794, and the Americans with Disabilities Act of 1990, as amended, 42 USC 12101-12213.
DHS 75.03(3)(g) (g) State clearly in writing the criteria for determining the eligibility of individuals for admission, with first priority for services given to pregnant women who are alcohol or drug abusers.
DHS 75.03(3)(h) (h) Develop written policies and procedures stating that, in the selection of staff, consideration will be given to each applicant's competence, responsiveness and sensitivity toward and training in serving the characteristics of the service's patient population, including gender, age, cultural background, sexual orientation, developmental, cognitive or communication barriers and physical or sensory disabilities.
DHS 75.03(3)(i) (i) Develop written policies and procedures to ensure that recommendations relating to a patient's initial placement, continued stay, level of care transfer and discharge recommendations are determined through the application of approved uniform placement criteria.
DHS 75.03(4) (4)Personnel.
DHS 75.03(4)(a) (a) A service shall have a director appointed by the governing authority or legal owner. The director is responsible for administration of the service.
DHS 75.03(4)(b) (b) A service shall comply with chs. DHS 12 and 13. Chapter DHS 12 directs the service to perform background information checks on applicants for employment and persons with whom the service contracts and who have direct, regular contact with patients and, periodically, on existing employees, and not hire or retain persons who because of specified past actions are prohibited from working with patients. Chapter DHS 13 directs the service to report to the department all allegations that come to the attention of the service that a staff member or contracted employee has misappropriated property of a patient or has abused or neglected a patient.
DHS 75.03(4)(c) (c) If a service uses volunteers, the service shall have written policies and procedures governing their activities.
DHS 75.03(4)(d) (d) All staff who provide substance abuse counseling, except physicians knowledgeable in the practice of addiction medicine and psychologists knowledgeable in psychopharmacology and addiction treatment, shall be substance abuse counselors.
DHS 75.03 Note Note: According to s. SPS 160.03, a person may use the title “addiction counselor," “substance abuse counselor," “alcohol and drug counselor," “substance use disorder counselor" or “chemical dependency counselor" only if he or she is certified as a substance abuse counselor or a clinical substance abuse counselor under s. 440.88, Stats., or as allowed under the provisions of s. 457.02 (5m), Stats.
DHS 75.03(4)(e) (e) Any staff who provides clinical supervision, as defined in s. SPS 160.02 (6), shall be a clinical supervisor, as defined in s. SPS 160.02 (7), except for a physician knowledgeable in addiction treatment, licensed psychologist with a knowledge of psychopharmacology and addiction treatment, or professional possessing a clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 457, Stats., and knowledgeable in addiction treatment.
DHS 75.03(4)(f) (f) All staff who provide mental health treatment services to dually diagnosed clients shall meet the appropriate qualifications under appendix B.
DHS 75.03(4)(g) (g) Provision of clinical supervision for a substance abuse counselor shall be evidenced in that person's personnel file by documentation which identifies hours of supervision provided, issues addressed in the areas of counselor development, counselor skill assessment and performance evaluation, management and administration and professional responsibility and plans for problem resolution. The documentation shall be signed by the clinical supervisor.
DHS 75.03(5) (5)Staff development. A service shall have written policies and procedures for determining staff training needs, formulating individualized training plans and documenting the progress and completion of staff development goals.
DHS 75.03(6) (6)Training staff in assessment and management of suicidal individuals.
DHS 75.03(6)(a) (a) Each service shall have a written policy requiring each new staff person who may have responsibility for assessing or treating patients who present significant risks for suicide to do one of the following:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.