(i) Notify the VPAP of any changes in the credential holder's employer within 5 days.
(j) File quarterly reports documenting the credential holder's attendance at meetings of self-help support groups.
(2) If the VPAP determines, based on consultation with any service authorized to provide testing, treatment, or monitoring of the credential holder, that a credential holder participating in its program has failed to meet any of the requirements set under sub. (1), the VPAP shall make a written determination if it will continue to allow the credential holder to use its program and obtain a new participation agreement with any additional requirements, determined by the VPAP. The VPAP shall notify the board of the failure and the VPAP’s determination of program continuation.
(3) Upon notification of the failure and program continuation, the board shall make a review to determine whether the credential holder should be referred for further discipline. The board shall review the complete record in making this determination.
VE 11.10 Disciplinary VPAP participation agreement. (1) The credential holder’s participation agreement in the VPAP shall at a minimum include:
(a) A statement describing the credential holder’s conduct, relating to participation in the VPAP.
(b) An acknowledgement by the credential holder of the impairment needing treatment.
(c) An agreement to participate, at the credential holder's expense if necessary, in an approved treatment regimen.
(d) An agreement to submit to random monitored drug screens at the credential holder's expense, provided by a drug testing service approved by the VPAP under s. VE 11.12 , if deemed necessary by the VPAP. (e) An agreement to submit to practice restrictions at any time during the treatment regimen, as deemed necessary by the VPAP.
(f) An agreement to furnish the VPAP with signed consents for release of information, from treatment providers and employers authorizing the release of information to the VPAP and board, for the purpose of monitoring the credential holder's participation in the VPAP.
(g) An agreement to authorize the VPAP to release information described in pars. (a), (c) and (e), the fact that a credential holder has been dismissed from the VPAP pursuant to VE 11.06(2), or violated terms of the agreement in s. VE 11.06 (1) (b) to (e) and (h) concerning the credential holder's participation in the VPAP to the employer or any service identified by the credential holder, and an agreement to authorize the VPAP to release the results of random monitored drug screens, under par. (d), to any service identified by the credential holder. (h) An agreement to participate in the VPAP for a period of time, as established by the stipulation between the credential holder and board.
(2) The VPAP may include additional requirements for an individual credential holder, if the credential holder's condition warrant additional safeguards.
(3) The board or board liaison may include a promise of confidentiality that all or certain records shall remain closed and not available for public inspection and copying. Any promise is subject to s. SPS 7.08 and ends upon a referral to the division. Information and records may be made available to staff within the department on an as-needed basis, to be determined by the coordinator. VE 11.12 Approval of service providers. (1) The VPAP shall approve a service provider designated by a credential holder for the purpose of participation in the VPAP if:
(a) It is a facility where all of the following applies:
1. The facility is certified by appropriate national or state certification agencies.
2. The treatment program focus at the facility is on the individual with an impairment of the same type as has been identified in the credential holder.
3. Facility treatment plans and protocols are available to the VPAP.
4. The facility, through the credential holder's supervising therapist, agrees to file reports as required, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, relapses, or is believed to be in an unsafe condition to practice.
(b) It is an individual therapist who:
1. Has credentials and experience determined by the VPAP to be in the credential holder's area of need.
2. Agrees to perform an appropriate assessment of the credential holder's therapeutic needs and to establish and implement a comprehensive treatment regimen for the credential holder.
3. Forwards copies of the therapist's treatment regimen and office protocols to the VPAP.
4. Agrees to file reports as required to the VPAP, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, relapses, or is believed to be in an unsafe condition to practice.
(2) If the VPAP does not approve a treatment facility or therapist, as requested by the credential holder, the credential holder may, within 10 days of notice of the determination, request the board to review the VPAP's adverse determination.
VE 11.14 Approval of drug testing services. (1) The VPAP shall approve drug testing services for use by credential holders who participate in drug and alcohol monitoring programs, pursuant to stipulations between the board and credential holders, or pursuant to disciplinary orders.
(2) Approval standards. To be approved as a drug testing service, the service shall satisfactorily meet all of the following requirements for administration, collection site, laboratory, and reporting. (a) Administration.
1. The service shall enroll participants by setting up an account, establishing a method of payment and supplying preprinted chain-of-custody forms.
2. The service shall provide the participant with the address and phone number of the nearest collection sites and shall assist in locating a qualified collection site when traveling outside the local area.
3. The service shall begin random selection of days, when participants shall provide specimens, upon enrollment and the service shall notify the VPAP that selection has begun.
4. The service shall maintain a nationwide toll-free access or an internet website that is operational 24 hours per day, 7 days per week to inform participants of when to provide specimens and is able to document the date and time of contacts by credential holders.
5. The service shall maintain and make available to the VPAP and treatment services, through an internet website, data that are updated on a daily basis verifying the date and time each randomly selected participant was notified to provide a specimen, the date, time and location each specimen was collected, the results of drug screen, and whether or not the participant complied as directed.
6. The service shall maintain internal and external quality of test results and other services.
7. The service shall maintain the confidentiality of participants, in accordance with s. 146.82, Stats. 8. The service shall inform participants of the total cost for each drug screen including the cost for program administration, collection, transportation, analysis, reporting and confirmation. Total cost shall not include the services of a medical review officer.
9. The service shall immediately report to the VPAP if the program, laboratory or any collection site fails to comply with this section. The VPAP may remove a service from the approved list if the service fails to comply with this section.
10. The service shall make available, to the VPAP, experts to support a test result for 5 years after the test results are released to the VPAP.
11. The service shall not sell or otherwise transfer or transmit names and other personal identification information of the participants to other persons or entities without permission from the VPAP and board. The service shall not solicit from participants presently or formerly in the monitoring program or otherwise contact participants, except for purposes consistent with administering the program and only with permission from the VPAP and board.
12. The service and laboratory shall not disclose to the participant or the public the specific drugs tested.
(b) Collection site.
1. The service shall locate, train and monitor collection sites for compliance with the U.S. department of transportation collection protocol under 49 CFR 40. 2. The service shall require delivery of specimens to the laboratory within 24 hours of collection.
(c) Laboratory.
1. The service shall utilize a laboratory that is certified by the U.S. department of health and human services, substance abuse and mental health services administration under 49 CFR 40. If the laboratory has had adverse or corrective action, the VPAP shall evaluate the laboratory's compliance on a case by case basis. 2. The service shall utilize a laboratory capable of analyzing specimens for drugs specified by the VPAP.
3. Testing specimens shall be initiated within 48 hours of pickup by courier.
4. All positive drug screens shall be confirmed utilizing gas chromatography in combination with mass spectrometry, mass spectrometry, or another approved method.
5. The laboratory shall allow the VPAP personnel to tour facilities where participant specimens are tested.
(d) Report results.
1. The service shall provide results of each specimen to designated VPAP personnel within 24 hours of processing.
2. The service shall inform designated VPAP personnel of confirmed positive test results on the same day the test results are confirmed or by the next business day if the results are confirmed after hours, on the weekend or on a state or federal holiday.
3. The service shall fax, e-mail or electronically transmit laboratory copies of drug test results at the request of the VPAP.
4. The service shall provide a medical review officer upon request and at the expense of the participant, to review disputed positive test results.
5. The service shall provide chain-of-custody transfer of disputed specimens to an approved independent laboratory for retesting at the request of the participant, the VPAP or board.
VE 11.16 Records. (1) Custodian. All records relating to the VPAP including applications for participation, agreements for participation, and reports of participation shall be maintained by the VPAP, on behalf of the board as custodian.
(2) Public records requests. Requests to inspect VPAP records shall be made to the custodian. The custodian shall evaluate each request on a case by case basis using applicable law relating to public records and giving appropriate weight to relevant factors in order to determine whether public interest in nondisclosure outweighs the public interest in access to the records. The fact of a credential holder's participation in the VPAP and the status of that participation may be disclosed to credentialing authorities of other jurisdictions.
(3) Treatment records. Treatment records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the board, by county departments under s. 51.42 or 51.437, Stats., and their staffs, and by treatment facilities are confidential under s. 51.30, Stats., and shall not be made available for public inspection. (4) Patient health care records. Patient health care records are confidential under s. 146.82, Stats., and shall not be made available to the public without the informed consent of the patient or of a person authorized by the patient or as provided under s. 146.82 (2), Stats. VE 11.18 Reports to board. The VPAP shall report on the program to the board at least once a year and at other times, if requested to do so by the board.
Section 2. Effective date and initial applicability. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22(2)(intro.).
