Chapter DHS 75

DHS 75.15(3) (3) Service description for intoxicated driver services. Intoxicated driver intervention services are specific services within the Intoxicated Driver Program under ch. DHS 62, utilized to reduce risk of reoccurrence of impaired driving. These services include intoxicated driver assessments, driver safety planning and monitoring, and alternative education services.

DHS 75.15(4) (4) Definitions. In this section:

DHS 75.15(4)(a) (a) “Alternative education” means a course of traffic safety instruction that is designed to meet the goals of a group dynamic traffic safety program or a multiple offender traffic safety program for clients that cannot be accommodated by a group dynamic traffic safety program or multiple offender traffic safety program.

DHS 75.15(4)(b) (b) “Intervention service” means a service provided to an individual who, at the time of screening and assessment, does not appear to meet the criteria for a diagnosis of substance use disorder or for referral to treatment services but is at risk of developing problems related to substance use.

DHS 75.15(5) (5) General requirements for intervention services and intoxicated driver services.

DHS 75.15(5)(a) (a) Governing authority or entity owner. The governing authority or entity owner of a service shall do all of the following:

DHS 75.15(5)(a)1. 1. Designate a member or representative of the governing body that is legally responsible for the operation of a service that has the authority to conduct the policy, actions, and affairs of the service, to complete the entity owner background check and to be the entity owner responsible for a service.

DHS 75.15(5)(a)2. 2. Appoint a service director whose qualifications, authority, and duties are defined in writing.

DHS 75.15(5)(a)3. 3. Establish written policies and procedures for the operation of the service and exercise general direction over the service. Policies and procedures must be written to insure all of the following:

DHS 75.15(5)(a)3.a. a. Compliance with local, state, and federal laws.

DHS 75.15(5)(a)3.b. b. That no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, disability, or age, in accordance with 45 CFR part 92 and 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 75.15(5)(b) (b) Caregiver background check. At the time of hire, employment, or contract, and every 4 years after, the service shall conduct and document a caregiver background check following the procedures in s. 50.065, Stats., and ch. DHS 12. A service shall not employ or contract the service if the person has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065, Stats., and ch. DHS 12, Appendix A, unless the person has been approved under the department’s rehabilitation process, as defined in ch. DHS 12.

DHS 75.15(5)(c) (c) Personnel records. Employee records shall be available upon request at the service for review by the department. A separate record for each employee shall be maintained, kept current, and at a minimum, include:

DHS 75.15(5)(c)1. 1. A written job description including duties, responsibilities and qualifications required for the employee.

DHS 75.15(5)(c)2. 2. Beginning date of employment.

DHS 75.15(5)(c)3. 3. Qualifications based on education or experience.

DHS 75.15(5)(c)4. 4. A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.

DHS 75.15(5)(c)5. 5. A copy of a signed statement regarding confidentiality of client information.

DHS 75.15(5)(c)6. 6. Documentation of any required training.

DHS 75.15(5)(c)7. 7. A copy of any required licenses or certifications.

DHS 75.15(5)(d) (d) Confidentiality. A service shall have written policies, procedures and staff training to ensure compliance with confidentiality provisions of 42 CFR part 2, 45 CFR parts 164 and 170, and s. 51.30, Stats., and ch. DHS 92. Each staff member shall sign a statement acknowledging his or her responsibility to maintain confidentiality of personal information about persons served.

DHS 75.15(5)(e) (e) Policies, procedures, and service description. A service shall develop written policies, procedures, and service descriptions for each intervention service to be provided.

DHS 75.15(5)(f) (f) Submissions to department. The service shall submit each service description, along with written policies and procedures, to the department with the initial certification application, and submit any updates to the department when needed.

DHS 75.15(5)(g) (g) Staff knowledge and training. Service staff shall have knowledge, training, and experience in the service which they are responsible for providing, including substance use intervention, screening, and referral.

DHS 75.15(5)(h) (h) Referral. The service shall develop and maintain a written record of certified substance use treatment resources for referral, and shall refer clients as indicated for further assessment and treatment services.

DHS 75.15(5)(i) (i) Evaluation. The service shall have an evaluation plan that includes goals of the service, measurable outcomes and objectives related to the service goals, and an annual report of progress related to goals and objectives that is available to the department and the public.

DHS 75.15(6) (6) Location of service delivery. An intervention service, other than an intoxicated driver service designated under s. DHS 62.04, may be provided in a variety of settings, such as clinical offices, schools, workplaces, community centers, or an individual’s home, with the length of service varying according to the type of activity and needs of the individual. An intervention service that provides services in community settings shall ensure the following:

DHS 75.15(6)(a) (a) All requirements of this chapter are able to be met in the setting.

DHS 75.15(6)(b) (b) The service shall have written policies and procedures concerning community-based service delivery.

DHS 75.15(6)(c) (c) The service shall provide annual training for all staff that deliver services in the community regarding in-home and community safety, and avoiding sexual or other exploitative relationships with clients. A record of each training shall be available to the department upon request.

DHS 75.15(7) (7) Case records for persons receiving intervention services.

DHS 75.15(7)(a) (a) A service shall keep a case record for every person receiving intervention services, except where the only contact is made by telephone.

DHS 75.15(7)(b) (b) A case record prepared under this subsection shall include all of the following information:

DHS 75.15(7)(b)1. 1. The individual’s name, address, phone contact information, date of birth, and relevant demographic information.

DHS 75.15(7)(b)2. 2. The individual’s admission date.

DHS 75.15(7)(b)3. 3. Substance use information about the individual and the reason for referral.

DHS 75.15(7)(b)4. 4. The results of any screening completed.

DHS 75.15(7)(b)5. 5. A sufficient assessment of the individual’s dimensional risk and severity of need to determine preliminary level of care.

DHS 75.15(7)(b)6. 6. Service recommendations, referrals, and follow-up services and activities completed for the individual.

DHS 75.15(7)(b)7. 7. Documentation of each contact the service has with the client or a collateral source.

DHS 75.15(8) (8) Additional requirements for intoxicated driver services.

DHS 75.15(8)(a) (a) If an intervention service is designated by a county human service board under s. DHS 62.04 as an intoxicated driver assessment facility, the intervention service shall also comply with the requirements under ch. DHS 62.

DHS 75.15(8)(b) (b) A public or private treatment facility designated by a county as the intoxicated driver program assessment service shall be certified under this section prior to conducting intoxicated driver program assessments.

DHS 75.15(8)(c) (c) In addition to sub. (7) (b), a case record for an intoxicated driver assessment service shall include a copy of the department-approved intoxicated driver assessment tools, the driver safety plan, progress reports, and verification of service completion or evidence of noncompliance.

DHS 75.15(9) (9) Alternative education programs for intoxicated drivers.

DHS 75.15(9)(a) (a) General.

DHS 75.15(9)(a)1. 1. Alternative education programs shall be modeled after group dynamic traffic safety and multiple offender traffic safety program. An alternative education program shall be conducted in a constructive, interactive, and trusting atmosphere and that include all of the following as part of its curriculum:

DHS 75.15(9)(a)1.a. a. Review and discussion of operating while intoxicated laws and penalties.

DHS 75.15(9)(a)1.b. b. Discussion of the central causes and consequences of operating while intoxicated.

DHS 75.15(9)(a)1.c. c. Discussion of the effects of alcohol and substances on the mind, body, and driving ability.

DHS 75.15(9)(a)1.d. d. Discussion of the psycho-social factors involved in substance use.

DHS 75.15(9)(a)1.e. e. Education about blood alcohol concentration.

DHS 75.15(9)(a)1.f. f. Education about substance use and substance use disorders, and where participants are in regards to severity of substance use.

DHS 75.15(9)(a)1.g. g. Education about, and assistance in developing and following a personal change plan.

DHS 75.15(9)(a)2. 2. In addition to the content and objectives under subd. 1., programs in lieu of a multiple offender traffic safety program shall involve concerned others, such as a spouse, parent, adult relative, or other appropriate person approved by the instructor, and shall provide education on basic skills in the areas of stress-reduction, substance use refusal, interpersonal communication, and anger management.

DHS 75.15(9)(a)3. 3. Classroom instruction time for programs that are in lieu of group dynamic traffic safety programs shall be a minimum of 16 hours.

DHS 75.15(9)(a)4. 4. Classroom instruction time for programs that are in lieu of multiple offender traffic safety programs shall be a minimum of 24 hours, including a group-oriented follow-up session. The group-oriented follow-up session shall be held within 3 months after completion of the initial 23 hours of the program. If a participant’s residence is 60 miles or more from the site of the group-oriented follow-up session, the follow-up session may be conducted by telephone with the participant and a concerned other, such as a spouse, parent, adult relative, or other appropriate person.

DHS 75.15(9)(a)5. 5. Classroom instruction time may not exceed 8 hours per day.

DHS 75.15(9)(a)6. 6. A report of course completion or non-completion shall be submitted to the intoxicated driver assessment facility designated under s. DHS 62.04 (1) for each client assessed by that facility.

DHS 75.15(9)(a)7. 7. The effectiveness of alternative education programs shall be evaluated by administering pretests and posttests of knowledge gained by participants, changed attitudes of participants, and participant satisfaction surveys.

DHS 75.15(9)(b) (b) Instructor qualifications. Instructors conducting alternative education shall have the following qualifications:

DHS 75.15(9)(b)1. 1. Substance use service experience equal to one of the following:

DHS 75.15(9)(b)1.a. a. Two years of employment experience or a comparable amount of experience and education in the area of substance use counseling, assessment, education, or treatment, or related fields such as student assistance program director or employee assistance program director.

DHS 75.15(9)(b)1.b. b. Completed a minimum of a one-semester, 3-credit, 45-hour course in the areas of substance use disorder education or treatment from an accredited college or university.

DHS 75.15(9)(b)2. 2. Group process experience equal to one of the following:

DHS 75.15(9)(b)2.a. a. Two years of employment experience in group process work or group counseling as a treatment or education professional.

DHS 75.15(9)(b)2.b. b. Completed a minimum of a one-semester, 3-credit, 45-hour course in the area of group work methods, group counseling or group process from an accredited college or university.

DHS 75.15(9)(b)2.c. c. Bachelor’s or master’s degree in guidance counseling, psychology, behavioral studies or social work.

DHS 75.15(9)(b)3. 3. Hold a valid driver’s license from the state of Wisconsin or from the jurisdiction in which the person resides. Programs having nonresident instructors shall maintain a record of the nonresident’s driver’s license and traffic conviction status in the past 12 months.

DHS 75.15(9)(b)4. 4. Possess a satisfactory driving record as defined under s. Trans 106.02 (11).

DHS 75.15(9)(b)4.a. a. An individual may not be employed as an instructor until 6 months after the date of any traffic conviction that results in an accumulation of 7 or more points against the individual’s driver’s license, or until 12 months from the date of an operating while intoxicated conviction under s. 23.33, 30.68, 346.63, 350.101, 940.09, or 940.25, Stats., or an order under s. 343.305, Stats.

DHS 75.15(9)(b)4.b. b. Instructors under this section are not eligible to receive a 3-point reduction by completing a traffic safety course.

DHS 75.15(9)(b)4.c. c. Once employed as an instructor under this section, an individual’s failure to maintain a satisfactory driving record shall result in the suspension of the individual’s instruction duties for 6 months from the date of conviction for a violation which places the point total over 6 points or for 12 months from the date of an operating while intoxicated conviction. If additional points are incurred or the individual is convicted of operating while intoxicated during the suspension period, the individual’s instruction duties shall be suspended for 12 months from the date of conviction for a violation which results in points or for 24 months from the date of an operating while intoxicated conviction.

DHS 75.15(9)(b)5. 5. Instructors shall document receiving a minimum of 6 hours of continuing education in a related area, approved by the department, during each 12 months that the individual is employed as an instructor under this section. This training may include formal courses awarding credits or continuing education units, workshops, seminars, or correspondence courses.

DHS 75.15 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (5) (a) 2. b., (8) (a), (9) (b) 4. a. made under s. 35.17, Stats., and correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2021 No. 790.

subch. IV of ch. DHS 75 Subchapter IV — Treatment Service General Requirements

DHS 75.16 DHS 75.16 Applicability of treatment service general requirements. This subchapter establishes general requirements that apply to the 11 types of community substance use treatment services under ss. DHS 75.49 to 75.59. General requirements apply to all treatment services certified under this chapter, unless otherwise specified.

DHS 75.16 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.17 DHS 75.17 Governing authority or entity owner requirements.

DHS 75.17(1) (1) Governing authority or entity owner requirements. The governing authority or entity owner of a service shall do all of the following:

DHS 75.17(1)(a) (a) Designate a member or representative of the governing body that is legally responsible for the operation of a service that has the authority to conduct the policy, actions, and affairs of the service, to complete the entity owner background check and to be the entity owner responsible for a service.

DHS 75.17(1)(b) (b) Appoint a service director whose qualifications, authority, and duties are defined in writing.

DHS 75.17(1)(c) (c) Establish written policies and procedures for the operation of the service and exercise general direction over the service, including the following:

DHS 75.17(1)(c)1. 1. Ensure compliance with local, state, and federal laws.

DHS 75.17(1)(c)2. 2. Ensure compliance with patient rights requirements as specified in this chapter and in ch. DHS 94 and s. 51.61, Stats.

DHS 75.17(1)(c)3. 3. Ensure that no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, disability, or age, in accordance with 45 CFR part 92 and 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 75.17 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) (c) 3. made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.18 DHS 75.18 General requirements for service staff.

DHS 75.18(1) (1) Service director.