Chapter DHS 75

DHS 75.41   Food service.

DHS 75.42   Physical environment.

DHS 75.43   Safety.

DHS 75.44   Guests and visitors.

DHS 75.45   Building design.

DHS 75.46   Requirements for new construction, remodeling, additions, or newly-certified existing structures.

Subchapter VI — Additional Requirements for Treatment Service Levels of Care

DHS 75.47   Applicability of other requirements.

DHS 75.48   Service requirements by level of care tables.

DHS 75.49   Outpatient substance use treatment service.

DHS 75.50   Outpatient integrated behavioral health treatment service.

DHS 75.51   Intensive outpatient treatment service.

DHS 75.52   Day treatment or partial hospitalization treatment service.

DHS 75.53   Transitional residential treatment service.

DHS 75.54   Medically monitored residential treatment service.

DHS 75.55   Medically managed inpatient treatment.

DHS 75.56   Adult residential integrated behavioral health stabilization service.

DHS 75.57   Residential withdrawal management service.

DHS 75.58   Residential intoxication monitoring service.

Subchapter VII — Opioid Treatment Programs and Office-Based Opioid Treatment

DHS 75.59   Opioid treatment program.

DHS 75.60   Office-based opioid treatment.

Ch. DHS 75 Note Note: Chapter HFS 75 was renumbered to chapter DHS 75 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 75 was reprinted Register December 2010 No. 660 to reflect a Note revision in s. DHS 75.03 (24). Chapter DHS 75 as it existed on October 31, 2021, is repealed and a new Chapter DHS 75 is created Register October 2021 No. 790, effective October 1, 2022.

subch. I of ch. DHS 75 Subchapter I — General Provisions

DHS 75.01 DHS 75.01 Authority and purpose. This chapter is promulgated under the authority of ss. 46.973 (2) (c), 51.42 (7) (b), 51.4224, and 51.45 (8) and (9), Stats., to establish standards for community substance use prevention and treatment services under ss. 51.42 and 51.45, Stats. Sections 51.42 (1) and 51.45 (1) and (7), Stats., provide that a full continuum of substance use services be available to Wisconsin citizens.

DHS 75.01 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register October 2021 No. 790.

DHS 75.02 DHS 75.02 Applicability.

DHS 75.02(1) (1) This chapter shall apply to all of the following:

DHS 75.02(1)(a) (a) A publicly or privately operated facility providing substance use treatment services, in accordance with ss. 51.01 (19) and 51.45 (8) (c), Stats.

DHS 75.02(1)(b) (b) A publicly or privately operated facility providing substance use treatment services approved by the state opioid treatment authority.

DHS 75.02(1)(c) (c) A substance use service that receives funds under ch. 51, Stats., is funded through the department as the federally designated single state agency for substance use services, receives substance abuse prevention and treatment funding or other funding specifically designed for providing services under ss. DHS 75.14 to 75.15, where certification is required by a contract with the department.

DHS 75.02(1)(d) (d) An intoxicated driver service described in s. DHS 75.15.

DHS 75.02(1)(e) (e) A publicly or privately operated service that requests certification by the department.

DHS 75.02(2) (2) The provision of substance use treatment services to a patient in the state of Wisconsin via telehealth, regardless of the location of the program or facility, shall constitute the practice of substance use services in the state of Wisconsin and shall meet the requirements of this chapter.

DHS 75.02(3) (3) This chapter shall not apply to a general medical service that delivers substance use treatment services as an adjunct to general medical care, unless that service meets the definition of a “program” under 42 CFR 2.11.

DHS 75.02 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.03 DHS 75.03 Definitions. In this chapter:

DHS 75.03(1) (1) “Adult” means an individual aged 18 or older.

DHS 75.03(2) (2) “Administrative discharge” means discharge of a patient from a service that is initiated by the service for reasons including program policies, behavioral concerns, or provider-initiated termination.

DHS 75.03(3) (3) “Applicant” means an individual or entity that has requested certification by the department as a community substance use service under this rule.

DHS 75.03(4) (4) “Approved placement criteria” means ASAM or other similar placement criteria that may be approved by the department.

DHS 75.03(5) (5) “ASAM” means the American Society of Addiction Medicine.

DHS 75.03(6) (6) “ASAM placement criteria” means the ASAM Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions (3rd ed., Oct. 24, 2013), which is a multi-dimensional set of placement criteria for assessing substance use patient risk and need areas and establishing treatment service level of care.

DHS 75.03(7) (7) “Assessment update” means the procedure by which a clinical staff of a service, operating within the scope of their practice, gathers relevant information to update prior assessment data, including updated substance use history, mental health symptoms and functioning, newly identified or changing behavioral and physical health needs, and significant psycho-social changes that may impact treatment or overall functioning, including a review of level of care placement criteria, if applicable.

DHS 75.03(8) (8) “Available on a 24-hour basis” means that the designated staff of a service that is available in-person or on-call, including by phone or other real-time electronic communication.

DHS 75.03(9) (9) “Behavioral health” means the spectrum encompassing mental health and substance use disorders occurring either independently or simultaneously.

DHS 75.03(10) (10) “Caregiver” means a person as defined in s. 48.685 (1) (ag) or 50.065 (1) (ag), Stats.

DHS 75.03(11) (11) “Case management” means the planning and coordination of services to meet an individual’s identified health needs, and assistance provided to the individual for engagement in such services to support the individual’s overall treatment and recovery.

DHS 75.03(12) (12) “Certification” means approval of a service by the department’s division of quality assurance.

DHS 75.03(13) (13) “Certified peer specialist” means a person who has lived experience of mental illness or substance use disorders, or both, and has completed a formal training and holds a department certification in the peer specialist model of mental health or substance use disorders support, or both.

DHS 75.03(14) (14) “Clinical assessment” means the procedure by which a clinical staff of a service, operating within the scope of their practice, gathers relevant information to evaluate the individual’s problem areas, symptoms, functioning, readiness for change, resources, and strengths. Clinical assessment of substance use includes information regarding substance use history, current substance use, impact on functioning, and readiness for change for the purpose of evaluating diagnosis of a substance use disorder and informing treatment services. Clinical assessment of mental health includes mental health symptoms, mental status, and functional assessment for the purpose of evaluating diagnosis of a mental health disorder and informing treatment services.

DHS 75.03(15) (15) “Clinical consultation” means the review of a patient’s plan of care or collaborative discussion of specific aspects of a patient’s risks, needs, and functioning, between a clinical supervisor and other clinical staff of a service, another licensed professional, or both.

DHS 75.03(16) (16) “Clinical services” means counseling, assessment, group therapy, family therapy, medication management, or other services that require specialized knowledge and training in the assessment and treatment of mental health and substance use disorders.

DHS 75.03(17) (17) “Clinical staff” means all substance abuse counselors, mental health professionals, mental health professionals in training, substance abuse counselors in training, qualified treatment trainees, psychologists, or other qualified staff of a service that deliver screening, assessment, or treatment services under this chapter.

DHS 75.03(18) (18) “Clinical staffing” means the review of a patient’s plan of care or collaborative discussion of specific aspects of a patient’s risks, needs, and functioning, with other clinical staff of a service.

DHS 75.03(19) (19) “Clinical supervisor” means any of the following:

DHS 75.03(19)(a) (a) An individual who meets the qualifications provided in s. SPS 160.02 (7).

DHS 75.03(19)(b) (b) An individual who meets the qualifications in 2017 Wisconsin Act 262 and is practicing within their scope of their education, training and experience.

DHS 75.03(20) (20) “Clinical supervision” means the process as defined in s. SPS 160.02 (6).

DHS 75.03(21) (21) “Collateral” means information, treatment input, or participation obtained from a party that has knowledge of or relationship with a patient, which may include family members, friends, co-workers, recovery peers, health care providers, probation and parole agents, other law enforcement personnel, child welfare workers, referral sources, clinical records, legal records, or professional public databases.

DHS 75.03(22) (22) “Co-mingled groups” means a therapeutic or psycho-educational group provided by a service that includes mixed population groups, such as gender, age, substance of use, or criminogenic risk.

DHS 75.03(23) (23) “Continued stay” means the ongoing provision of an appropriately matched level of care service to an individual’s needs, as assessed by ASAM or other department-approved placement criteria.

DHS 75.03(24) (24) “Continuing care” means the stage of treatment in which the patient no longer requires counseling at the intensity described in ss. DHS 75.49 to 75.60. Continuing care is designed to support and sustain the process of long-term recovery, provided on an outpatient basis at a frequency agreed upon between the patient and the provider.

DHS 75.03(25) (25) “Co-occurring” means a patient diagnosed as having both a substance use disorder and a mental health disorder, as listed in the DSM.

DHS 75.03(26) (26) “Counseling” means the application of recognized theories, principles, techniques and strategies to facilitate the progress of a patient toward identified treatment goals and objectives.

DHS 75.03(27) (27) “Crisis intervention” means services that respond to an individual’s behavioral health needs during acute episodes that involve significant distress or risk of harm to self or others.

DHS 75.03(28) (28) “Culturally and linguistically appropriate services” or “CLAS” means that all aspects of a service, from an individual’s first contact through discharge, are delivered with consideration for the individual’s cultural and language needs.

DHS 75.03 Note Note: CLAS standards are available from the U.S. Department of Health and Human Services at https://thinkculturalhealth.hhs.gov/assets/pdfs/EnhancedNationalCLASStandards.pdf.

DHS 75.03(29) (29) “DEA” means the U.S. drug enforcement administration.

DHS 75.03(30) (30) “Department” or “DHS” means the Wisconsin department of health services.

DHS 75.03(31) (31) “Determination of medical stability” means a medical evaluation of a patient, including physical examination, obtaining vital signs, gathering relevant medical history, and applicable laboratory testing, to determine whether a patient’s presenting problem is primarily medical in nature, whether serious underlying medical illness exists that would render admission to a behavioral health service unsafe or inappropriate, and any referral needs for additional medical care or follow-up.

DHS 75.03(32) (32) “Discharge planning” means planning and coordination of treatment and support services associated with the patient’s discharge from treatment, including the preparation of a discharge summary as required under s. DHS 75.24 (22).

DHS 75.03(33) (33) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association.

DHS 75.03(34) (34) “DSPS” means the Wisconsin department of safety and professional services.

DHS 75.03(35) (35) “Dually-credentialed” means a staff of a service that holds licensure and certification as both a mental health professional and a substance abuse counselor, in accordance with professional licensing and credentialing standards established by DSPS. A mental health professional operating within their scope of practice as a substance abuse counselor under DHS 75.03 (86), meets the definition of dually-credentialed.

DHS 75.03(36) (36) “Entity owner” means an individual or partnership that owns or operates the service, is legally responsible for the service, and has authority to either conduct the policy, actions, and affairs of the service, or appoint a governing authority to conduct the policy, actions, and affairs of the service.

DHS 75.03(37) (37) “Facility” means the physical building that houses a service, including the rooms, furnishings, and structures therein.

DHS 75.03(38) (38) “FDA” means the U.S. food and drug administration.

DHS 75.03(38m) (38m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.

DHS 75.03(39) (39) “Follow-up” means a process used by a treatment provider to periodically assess the referral process and rehabilitation progress of a patient who has been referred for concurrent or subsequent services.

DHS 75.03(40) (40) “Governing authority” means the individual or governing body designated by the entity owner that is legally responsible for the operation of a service, and has authority to conduct the policy, actions, and affairs of the service.

DHS 75.03(41) (41) “Group counseling” means the application of counseling techniques which involve interaction among members of a group consisting of at least 2 patients but not more than 16 patients with a minimum of one counselor for every 10 patients.

DHS 75.03(42) (42) “Incident report” means a written record of an incident involving patient, visitor, or staff health or safety that occurs at the facility or in the course of providing services in the community. Incident reporting is required for health emergencies, incidents of violence, injuries requiring medical attention, or other extraordinary events that interfere with the provision of services and pose a risk to health or safety.

DHS 75.03(43) (43) “In-reach,” means services that are provided in corrections settings to enhance engagement or to initiate recommended treatment services prior to release from incarceration.

DHS 75.03(44) (44) “Intake” means the specific tasks necessary to admit a person to a behavioral health service, such as completion of admission forms, notification of patient rights, explanation of the general nature and goals of the service, review of policies and procedures of the service, and orientation.

DHS 75.03(45) (45) “Integrated treatment” means a service that includes both substance use and mental health assessment and treatment services, provided in the same setting, by appropriately credentialed personnel operating within their scope of practice, with appropriate interventions for both conditions included in one comprehensive treatment plan for each patient diagnosed with a co-occurring disorder or disorders.

DHS 75.03(46) (46) “Interim services” means services that are provided until an individual is admitted to a substance use treatment program, including education about communicable illnesses, harm-reduction strategies, referral for other services or medical care, and referral for prenatal care for pregnant women; to reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of transmission of disease.

DHS 75.03(47) (47) “Intervention” means a therapeutic technique or activity that is applied as part of an individual’s treatment plan to address behavioral health goals and improve functioning.