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DHS 75.15(5) (5)Admission.
DHS 75.15(5)(a) (a) Admission criteria. For admission to a narcotic addiction treatment service for opiate addiction, a person shall meet all of the following criteria as determined by the service physician:
DHS 75.15(5)(a)1. 1. The person is physiologically and psychologically dependent upon a narcotic drug that may be a synthetic narcotic.
DHS 75.15(5)(a)2. 2. The person has been physiologically and psychologically dependent upon the narcotic drug not less than one year before admission.
DHS 75.15(5)(a)3. 3. In instances where the presenting drug history is inadequate to substantiate such a diagnosis, the material submitted by other health care professionals indicates a high degree of probability of such a diagnosis, based on further evaluation.
DHS 75.15(5)(a)4. 4. When the person receives health care services from outside the service, the person has provided names, addresses and written consents for release of information from each health care provider to allow the service to contact the providers, and agrees to update releases if changes occur.
DHS 75.15(5)(b) (b) Voluntary treatment. Participation in narcotic addiction treatment shall be voluntary.
DHS 75.15(5)(c) (c) Explanation. Service staff shall clearly and adequately explain to the person being admitted all relevant facts concerning the use of the narcotic drug used by the service.
DHS 75.15(5)(d) (d) Consent. The service shall require a person being admitted to complete the most current version of FDA form 2635, “Consent to Narcotic Addiction Treatment."
DHS 75.15 Note Note: For copies of FDA Form 2635, Consent to Narcotic Addiction Treatment, a service may write to Commissioner, Food and Drug Administration, Division of Scientific Investigations, 5600 Fishers Lane, Rockville, MD 20857.
DHS 75.15(5)(e) (e) Examination. For each applicant eligible for narcotic addiction treatment, the service shall arrange for completion of a comprehensive physical examination, clinically indicated laboratory work-up prescribed by the physician, psycho-social assessment, initial treatment plan and patient orientation during the admission process.
DHS 75.15(5)(f) (f) Initial dose. If a person meets the admission criteria under par. (a), an initial dose of narcotic medication may be administered to the patient on the day of application.
DHS 75.15(5)(g) (g) Distance of service from residence. A person shall receive treatment at a service located in the same county or at the nearest location to the person's residence, except that if a service is unavailable within a radius of 50 miles from the patient's residence, the patient may, in writing, request the state methadone authority to approve an exception. In no case may a patient be allowed to attend a service at a greater distance to obtain take-home doses.
DHS 75.15(5)(h) (h) Non-residents. A self-pay person who is not a resident of Wisconsin may be accepted for treatment only after written notification to the Wisconsin state methadone authority. Permission shall be obtained before initial dosing.
DHS 75.15(5)(i) (i) Central registry.
DHS 75.15(5)(i)1.1. The service shall participate in a central registry, or an alternative acceptable to the state methadone authority, in order to prevent multiple enrollments in detoxification and narcotic addiction treatment services for opiate addiction. The central registry may include services and programs in bordering states.
DHS 75.15(5)(i)2. 2. The service shall make a disclosure to the central registry whenever any of the following occurs:
DHS 75.15(5)(i)2.a. a. A person is accepted for treatment.
DHS 75.15(5)(i)2.b. b. The person is disenrolled in the service.
DHS 75.15(5)(i)3. 3. The disclosure shall be limited to:
DHS 75.15(5)(i)3.a. a. Patient-identifying information.
DHS 75.15(5)(i)3.b. b. Dates of admission, transfer or discharge from treatment.
DHS 75.15(5)(i)4. 4. A disclosure shall be made with the patient's written consent that meets the requirements of 42 CFR Part 2, relating to alcohol and drug abuse patient records, except that the consent shall list the name and address of each central registry or acceptable alternative and each known detoxification or narcotic treatment service for opiate addiction to which a disclosure will be made.
DHS 75.15(5)(j) (j) Admissions protocol. The service shall have a written admissions protocol that accomplishes all of the following:
DHS 75.15(5)(j)1. 1. Identifies the person on the basis of appropriate substantiated documents that contain the individual's name and address, date of birth, sex and race or ethnic origin as evidenced by a valid driver's license or other suitable documentation such as a passport.
DHS 75.15(5)(j)2. 2. Determines the person's current addiction, to the extent possible, the current degree of dependence on narcotics or opiates, or both, including route of administration, length of time of the patient's dependence, old and new needle marks, past treatment history and arrest record.
DHS 75.15(5)(j)3. 3. Determines the person's age. The patient shall verify that he or she is 18 years or older.
DHS 75.15(5)(j)4. 4. Identifies the substances being used. To the extent possible, service staff shall obtain information on all substances used, route of administration, length of time used and amount and frequency of use.
DHS 75.15(5)(j)5. 5. Obtains information about past treatment. To the extent possible, service staff shall obtain information on a person's treatment history, use of secondary substances while in the treatment, dates and length of time in treatment and reasons for discharge.
DHS 75.15(5)(j)6. 6. Obtains personal information about the person. Personal information includes history and current status regarding employment, education, legal status, military service, family and psychiatric and medical information.
DHS 75.15(5)(j)7. 7. Identifies the person's reasons for seeking treatment. Reasons shall include why the person chose the service and whether the person fully understands the treatment options and the nature and requirements of narcotic addiction treatment are fully understood.
DHS 75.15(5)(j)8. 8. Completes an initial drug screening or analysis of the person's urine to detect use of opiates, methadone, amphetamines, benzodiazepines, cocaine or barbiturates. The analysis shall show positive for narcotics, or an adequate explanation for negative results shall be provided and noted in the applicant's record. The primary counselor shall enter into the patient's case record the counselor's name, the content of a patient's initial assessment and the initial treatment plan. The primary counselor shall make these entries immediately after the patient is stabilized on a dose or within 4 weeks of admission, whichever is sooner.
DHS 75.15(5)(j)9. 9. If the service is at capacity, immediately advises the applicant of the existence of a waiting list and providing that person with a referral to another treatment service that can serve the person's treatment needs.
DHS 75.15(5)(j)10. 10. Refers a person who also has a physical health or mental health problem that cannot be treated within the service to an appropriate agency for appropriate treatment.
DHS 75.15(5)(j)11. 11. Obtains the person's written consent for the service to secure records from other agencies that may assist the service with treatment planning.
DHS 75.15(5)(j)12. 12. Arranges for hospital detoxification for patients seriously addicted to alcohol or sedatives or to anxiolytics before initiating outpatient treatment.
DHS 75.15(5)(k) (k) Priority admissions. A service shall offer priority admission either through immediate admission or priority placement on a waiting list in the following order:
DHS 75.15(5)(k)1. 1. Pregnant women.
DHS 75.15(5)(k)2. 2. Persons with serious medical or psychiatric problems.
DHS 75.15(5)(k)3. 3. Persons identified by the service through screening as having an infectious or communicable disease, including screening for risk behaviors related to human immunodeficiency virus infection, sexually transmitted diseases and tuberculosis.
DHS 75.15(5)(L) (L) Appropriate and uncoerced treatment. Service staff shall determine through a screening process that narcotic addiction treatment is the most appropriate treatment modality for the applicant and that treatment is not coerced.
DHS 75.15(5)(m) (m) Correctional supervision notification. A service shall require a person who is under correctional supervision to provide written information releases that are necessary for the service to notify and communicate with the patient's probation and parole officer and any other correctional authority regarding the patient's participation in the service.
DHS 75.15(6) (6)Orientation of new patients. A service shall provide new patients with an orientation to the service that includes all of the following:
DHS 75.15(6)(a) (a) A description of treatment policies and procedures.
DHS 75.15(6)(b) (b) A description of patient rights and responsibilities.
DHS 75.15(6)(c) (c) Provision of a copy of a patient handbook that covers treatment policies and procedures, and patient rights and responsibilities. The service shall require a new patient to acknowledge, in writing, receipt of the handbook.
DHS 75.15(7) (7)Research and human rights committee. A narcotic treatment service conducting or permitting research involving human subjects shall establish a research and human rights committee in accordance with s. 51.61 (4), Stats., and 45 CFR Part 46.
DHS 75.15(8) (8)Research.
DHS 75.15(8)(a) (a) All proposed research involving patients shall meet the requirements of s. 51.61 (1) (j), Stats., 45 CFR Part 46 and this subsection.
DHS 75.15(8)(b) (b) No patient may be subjected to any experimental diagnostic or treatment technique or to any other experimental intervention unless the patient gives written informed consent and the research and human rights committee established under s. 51.61 (4), Stats., has determined that adequate provisions are made to do all of the following:
DHS 75.15(8)(b)1. 1. Protect the privacy of the patient.
DHS 75.15(8)(b)2. 2. Protect the confidentiality of treatment records in accordance with s. 51.30, Stats., and ch. DHS 92.
DHS 75.15(8)(b)3. 3. Ensure that no patient may be approached to participate in the research unless the patient's participation is approved by the person responsible for the patient's treatment plan.
DHS 75.15(9) (9)Medical services.
DHS 75.15(9)(b) (b) The medical director of a service is responsible for all of the following:
DHS 75.15(9)(b)1. 1. Administering all medical services provided by the service.
DHS 75.15(9)(b)2. 2. Ensuring that the service complies with all federal, state, and local statutes, ordinances and regulations regarding medical treatment of narcotic addiction.
DHS 75.15(9)(b)3. 3. Ensuring that evidence of current physiological or psychological dependence, length of history of addiction and exceptions as granted by the state methadone authority to criteria for admission are documented in the patient's case record before the initial dose is administered.
DHS 75.15(9)(b)4. 4. Ensuring that a medical evaluation including a medical history and a physical examination have been completed for a patient before the initial dose is administered.
DHS 75.15(9)(b)5. 5. Ensuring that appropriate laboratory studies have been performed and reviewed.
DHS 75.15(9)(b)6. 6. Signing or countersigning all medical orders as required by federal or state law, including all of the following:
DHS 75.15(9)(b)6.a. a. Initial medical orders and all subsequent medical order changes.
DHS 75.15(9)(b)6.b. b. Approval of all take-home medications.
DHS 75.15(9)(b)6.c. c. Approval of all changes in frequency of take-home medication.
DHS 75.15(9)(b)6.d. d. Prescriptions for additional take-home medication for an emergency situation.
DHS 75.15(9)(b)7. 7. Reviewing and countersigning each treatment plan 4 times annually.
DHS 75.15(9)(b)8. 8. Ensuring that justification is recorded in the patient's case record for reducing the frequency of service visits for observed drug ingesting and providing additional take-home medication under exceptional circumstances or when there is physical disability, as well as when any medication is prescribed for physical health or psychiatric problems.
DHS 75.15(9)(b)9. 9. The amount of narcotic drug administered or dispensed, and for recording, signing and dating each change in the dosage schedule in a patient's case record.
DHS 75.15(9)(c) (c) A service physician is responsible for all of the following:
DHS 75.15(9)(c)1. 1. Determining the amount of the narcotic drug to be administered or dispensed and recording, signing and dating each change in a patient's dosage schedule in the patient's case record.
DHS 75.15(9)(c)2. 2. Ensuring that written justification is included in a patient's case record for a daily dose greater than 100 milligrams.
DHS 75.15(9)(c)3. 3. Approving, by signature and date, any request for an exception to the requirements under sub. (11) relating to take-home medications.
DHS 75.15(9)(c)4. 4. Detoxification of a patient from narcotic drugs and administering the narcotic drug or authorizing an agent to administer it under physician supervision and physician orders in a manner that prevents the onset of withdrawal symptoms.
DHS 75.15(9)(c)5. 5. Making a clinical judgment that treatment is medically justified for a person who has resided in a penal or chronic care institution for one month or longer, under the following conditions:
DHS 75.15(9)(c)5.a. a. The person is admitted to treatment within 14 days before release or discharge or within 6 months after release without documented evidence to support findings of physiological dependence.
DHS 75.15(9)(c)5.b. b. The person would be eligible for admission if he or she were not incarcerated or institutionalized before eligibility was established.
DHS 75.15(9)(c)5.c. c. The admitting service physician or service personnel supervised by the service physician records in the new patient's case record evidence of the person's prior residence in a penal or chronic care institution and evidence of all other findings of addiction.
DHS 75.15(9)(c)5.d. d. The service physician signs and dates the recordings under subd. 5. c. before the initial dose is administered to the patient or within 48 hours after administration of the initial dose to the patient.
DHS 75.15(9)(d) (d) A patient's history and physical examination shall support a judgment on the part of the service physician that the patient is a suitable candidate for narcotic addiction treatment.
DHS 75.15(9)(e) (e) A service shall provide narcotic addiction treatment to a patient for a maximum of 2 years from the date of the person's admission to the service, unless clear justification for longer service provision is documented in the treatment plan and progress notes. Clear justification for longer service shall include documentation of all of the following:
DHS 75.15(9)(e)1. 1. The patient continues to benefit from the treatment.
DHS 75.15(9)(e)2. 2. The risk of relapse is no longer present.
DHS 75.15(9)(e)3. 3. The patient exhibits no side effects from the treatment.
DHS 75.15(9)(e)4. 4. Continued treatment is medically necessary in the professional judgment of the service physician.
DHS 75.15 Note Note: Be aware that federal law, including but not limited to 21 CFR 1306.07 and 42 CFR 8.12, does apply to this service. A service that holds both a s. DHS 75.15 Narcotic Treatment Service for Opiate Addiction certification and a s. DHS 75.13 CSAS Outpatient Treatment Service certification may issue prescription orders for buprenorphine products to a client who is only enrolled in the s. DHS 75.13 CSAS Outpatient Treatment Service, pursuant to the 2009 SAMHSA Dear Colleague letter https://www.samhsa.gov/sites/default/files/programs_campaigns/medication_assisted/dear_colleague_letters/2009-colleague-letter-prescribing-subutex-suboxone.pdf.
DHS 75.15(10) (10)Dosage.
DHS 75.15(10)(a) (a) Because methadone and other FDA-approved narcotics are medications, the dose determination for a patient is a matter of clinical judgment by a physician in consultation with the patient and appropriate staff of the service.
DHS 75.15(10)(b) (b) The service physician who has examined a patient shall determine, on the basis of clinical judgment, the appropriate narcotic dose for the patient.
DHS 75.15(10)(c) (c) Any dose adjustment, either up or down, to sanction the patient, to reinforce the patient's behavior or for purposes of treatment contracting, is prohibited, except as provided in par. (h).
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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.