Chapter DHS 34

DHS 34.03(14)(b) (b) Acts which result in conviction for a criminal offense related to services provided under s. 632.89, Stats.

DHS 34.03(14)(c) (c) Acts involving an individual staff member who has terminated affiliation with a program and who removes or destroys participant records.

DHS 34.03 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (12) (b) made under s. 13.93 (2m) (b) 6., Stats., Register, September, 1996, No. 489; correction in (2) (e) and (14) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (11) (a) 3. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; corrections in (2) (b) 2., (e) and (14) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 22-078: am. (2) (title), (a) (intro.), (3) (a) (intro.), r. and recr. (6), (7), am. (8) (intro.), (10) (a), (f), (g), (12) (a) Register July 2023 No. 811, eff. 8-1-23.

DHS 34.04 DHS 34.04 Waivers.

DHS 34.04(1) (1) Policy.

DHS 34.04(1)(a) (a) Except as provided in par. (b), the department may grant a waiver of any requirement in this chapter when the department determines that granting the waiver would not diminish the effectiveness of the services provided by the program, violate the purposes of the program or adversely affect clients’ health, safety or welfare, and one of the following applies:

DHS 34.04(1)(a)1. 1. Strict enforcement of a requirement would result in unreasonable hardship on the provider or on a participant.

DHS 34.04(1)(a)2. 2. An alternative to a rule, including a new concept, method, procedure or technique, new equipment, new personnel qualifications or the implementation of a pilot project is in the interests of better participant care or program management.

DHS 34.04(1)(b) (b) The department may not grant a waiver of client confidentiality or rights under this chapter, ch. DHS 92 or 94 or under other administrative rules, state statutes or federal regulations.

DHS 34.04(2) (2) Application. An application for a waiver under this section shall be made in writing to the department and shall specify all of the following:

DHS 34.04(2)(a) (a) The requirement to be waived.

DHS 34.04(2)(b) (b) The time period for which the waiver is requested.

DHS 34.04(2)(c) (c) Any alternative action which the program proposes.

DHS 34.04(2)(d) (d) The reason for the request.

DHS 34.04(2)(e) (e) Assurances that the requested waiver would meet the requirements of sub. (1).

DHS 34.04(3) (3) Grant or denial.

DHS 34.04(3)(a) (a) The department may require additional information from the program before acting on the request for a waiver.

DHS 34.04(3)(b) (b) The department shall grant or deny each request for wavier in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a completed request, the waiver shall be automatically approved.

DHS 34.04(3)(c) (c) The department may impose any condition on the granting of a waiver which it deems necessary.

DHS 34.04(3)(d) (d) The department may limit the duration of a waiver.

DHS 34.04(3)(e) (e) No waiver may continue beyond the period of certification without a specific renewal of the waiver by the department.

DHS 34.04(3)(f) (f) The department’s decision to grant or deny a waiver shall be final.

DHS 34.04 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. II of ch. DHS 34 Subchapter II — Standards for Basic Emergency Service Programs

DHS 34.10 DHS 34.10 Applicability.

DHS 34.10(1) (1) A county may operate or contract for the operation of a basic emergency mental health services program.

DHS 34.10(2) (2) A basic emergency mental health services program operated by a county or under contract for a county shall comply with subch. I and this subchapter.

DHS 34.10 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96.

DHS 34.11 DHS 34.11 Standards.

DHS 34.11(1) (1) General. A basic emergency service mental health program shall:

DHS 34.11(1)(a) (a) Provide immediate evaluation and mental health care to persons experiencing a mental health crisis.

DHS 34.11(1)(b) (b) Make emergency services available within the county’s mental health outpatient programs, mental health inpatient program or mental health day treatment program and shared with the other 2 programs.

DHS 34.11(1)(c) (c) Be organized with assigned responsibility, staff and resources so that it is a clearly identifiable program.

DHS 34.11(2) (2) Personnel.

DHS 34.11(2)(a) (a) Only psychiatrists, psychologists, social workers and other mental health personnel who are qualified under s. DHS 34.21 (3) (b) 1. to 15. may be assigned to emergency duty. Staff qualified under s. DHS 34.21 (3) (b) 16. to 19. may be included as part of a mobile crisis team if another team member is qualified under s. DHS 34.21 (3) (b) 1. to 15.

DHS 34.11(2)(b) (b) Telephone emergency service may be provided by volunteers after they are carefully selected for aptitude and after a period of orientation and with provision for inservice training.

DHS 34.11(2)(c) (c) A regular staff member of the program shall be available to provide assistance to volunteers at all times.

DHS 34.11(2)(d) (d) Medical, preferably psychiatric, consultation shall be available to all staff members at all times.

DHS 34.11(3) (3) Program operation and content.

DHS 34.11(3)(a) (a) Emergency services shall be available 24 hours a day and 7 days a week.

DHS 34.11(3)(b) (b) A program shall operate a 24-hour crisis telephone service staffed by mental health professionals or paraprofessionals, or by trained mental health volunteers backed up by mental health professionals. The crisis telephone service shall have a published telephone number, and that number shall be widely disseminated to community agencies and the public.

DHS 34.11(3)(c) (c) A program shall provide face to face contact for crisis intervention. Face to face contact for crisis intervention may be provided as a function of the county’s outpatient program during regular hours of outpatient program operation, with an on-call system for face-to-face contact for crisis intervention at all other times. A program shall have the capability of making home visits or seeing patients at other off-headquarter locations, and shall have the resources to carry out on-site interventions when this is clinically desirable. A program may use telehealth in conjunction with in-person services.

DHS 34.11(3)(d) (d) When appropriate, emergency service staff may transfer clients to other county mental health programs.

DHS 34.11 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; CR 23-053: am. (3) (c) Register September 2023 No. 813, eff. 10-1-23.

subch. III of ch. DHS 34 Subchapter III — Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement

DHS 34.20 DHS 34.20 Applicability.

DHS 34.20(1) (1) A county may operate or contract for the operation of an emergency mental health services program that is eligible for medical assistance program reimbursement or eligible for third-party payments under policies governed by s. 632.89, Stats.

DHS 34.20(2) (2) An emergency mental health services program eligible for medical assistance program reimbursement or eligible for third-party payments under policies governed by s. 632.89, Stats., that is operated by a county or under contract for a county shall comply with subch. I and this subchapter.

DHS 34.20 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96.

DHS 34.21 DHS 34.21 Personnel.

DHS 34.21(1) (1) Policies.

DHS 34.21(1)(a) (a) An emergency mental health services program shall have written personnel policies.

DHS 34.21(1)(b) (b) A program shall maintain written documentation of employee qualifications and shall make that information available upon request for review by clients and their guardians or parents, where guardian or parent consent is required for treatment, and by the department.

DHS 34.21(2) (2) General qualifications.

DHS 34.21(2)(a) (a) Each employee shall have the ability and emotional stability to carry out his or her assigned duties.

DHS 34.21(2)(b) (b)

DHS 34.21(2)(b)1. 1. An applicant for employment shall provide references regarding professional abilities from at least 2 people and, if requested by the program, references or transcripts from any post secondary educational institution attended and employment history reports or recommendations from prior employers.

DHS 34.21(2)(b)2. 2. References and recommendations shall be documented either by letter or in a signed and dated record of a verbal contact.

DHS 34.21(2)(c) (c) A program shall review and investigate application information carefully to determine whether employment of the individual is in the best interests of the program’s clients. This shall include a check of relevant and available conviction records. Subject to ss. 111.322 and 111.335, Stats., an individual may not have a conviction record.

DHS 34.21 Note Note: See s. 165.82, Stats., relating to the fee charged by the Wisconsin department of justice for a criminal records check.

DHS 34.21(2)(d) (d) A program shall confirm an applicant’s current professional licensure or certification if that licensure or certification is a condition of employment.

DHS 34.21(3) (3) Qualifications of clinical staff.

DHS 34.21(3)(a) (a) In this subsection, “supervised clinical experience” means a minimum of one hour per week of supervision by a mental health professional qualified under par. (b) 1. to 9., gained after the person being supervised has received a master’s degree.

DHS 34.21(3)(b) (b) Program staff retained to provide mental health crisis services shall meet the following minimum qualifications:

DHS 34.21(3)(b)1. 1. Psychiatrists shall be physicians licensed under ch. 448, Stats., to practice medicine and surgery and shall have completed 3 years of residency training in psychiatry or child psychiatry in a program approved by the accreditation council for graduate medical education and be either board-certified or eligible for certification by the American board of psychiatry and neurology.

DHS 34.21(3)(b)2. 2. Psychologists shall be licensed under ch. 455, Stats., and shall be listed or meet the requirements for listing with the national register of health service providers in psychology or have a minimum of one year of supervised post-doctoral clinical experience related directly to the assessment and treatment of persons with mental disorders.

DHS 34.21(3)(b)3. 3. Psychology residents shall hold a doctoral degree in psychology meeting the requirements of s. 455.04 (1) (c), Stats., and shall have successfully completed 1500 hours of supervised clinical experience as documented by the Wisconsin psychology examining board.

DHS 34.21(3)(b)4. 4. Psychiatric residents shall hold a doctoral degree in medicine as a medical doctor or doctor of osteopathy and shall have successfully completed 1500 hours of supervised clinical experience as documented by the program director of a psychiatric residency program accredited by the accreditation council for graduate medical education.

DHS 34.21(3)(b)5. 5. Certified independent clinical social workers shall meet the qualifications established in ch. 457, Stats., and be certified by the examining board of social workers, marriage and family therapists and professional counselors.

DHS 34.21(3)(b)6. 6. Psychiatric nurses shall be licensed under ch. 441, Stats., as a registered nurse, have completed 3000 hours of supervised clinical experience and hold a master’s degree in psychiatric mental health nursing from a graduate school of nursing accredited by the national league for nursing.

DHS 34.21(3)(b)7. 7. Professional counselors and marriage and family therapists shall meet the qualifications required established in ch. 457, Stats., and be certified by the examining board of social workers, marriage and family therapists and professional counselors.

DHS 34.21(3)(b)8. 8. Master’s level clinicians shall be persons with a master’s degree and coursework in areas directly related to providing mental health services, including clinical psychology, psychology, school or educational psychology, rehabilitation psychology, counseling and guidance or counseling psychology. Master’s level clinicians shall have 3000 hours of supervised clinical experience or be listed in the national registry of health care providers in clinical social work, the national association of social workers register of clinical social workers, the national academy of certified mental health counselors or the national register of health service providers in psychology.

DHS 34.21(3)(b)9. 9. Post-master’s level clinician interns shall have obtained a master’s degree as provided in subd. 8. and have completed 1500 hours of supervised clinical experience, documented as provided in subd. 4.

DHS 34.21(3)(b)10. 10. Physician assistants shall be certified and registered pursuant to ss. 448.05 and 448.07, Stats., and chs. Med 8 and 14 and shall have had at least one year of experience working in a clinical mental health facility, or there shall be a specific plan for the person to acquire equivalent training and skills within 3 months after beginning employment.

DHS 34.21(3)(b)11. 11. Registered nurses shall be licensed under ch. 441, Stats., as a registered nurse, and shall have had training in psychiatric nursing and at least one year of experience working in a clinical mental health facility, or there shall be a specific plan for the person to acquire equivalent training and skills within 3 months after beginning employment.

DHS 34.21(3)(b)12. 12. Occupational therapists shall have obtained a bachelors degree and have completed a minimum of one year of experience working in a mental health clinical setting, and shall meet the requirements of s. DHS 105.28 (1).

DHS 34.21(3)(b)13. 13. Certified social workers, certified advance practice social workers and certified independent social workers shall meet the qualifications established in ch. 457, Stats., and related administrative rules, and have received certification by the examining board of social workers, marriage and family therapists and professional counselors.

DHS 34.21(3)(b)14. 14. Other qualified mental health professionals shall have at least a bachelor’s degree in a relevant area of education or human services and a minimum of one year of combined experience providing mental health services, or work experience and training equivalent to a bachelor’s degree including a minimum of 4 years of work experience providing mental health services.

DHS 34.21(3)(b)15. 15. Specialists in specific areas of therapeutic assistance, such as recreational and music therapists, shall have complied with the appropriate certification or registration procedures for their profession as required by state statute or administrative rule or the governing body regulating their profession, and shall have at least one year of experience in a mental health clinical setting.

DHS 34.21(3)(b)16. 16. Certified occupational therapy assistants shall have at least one year of experience in a mental health clinical setting and shall meet the requirements of s. DHS 105.28 (2).

DHS 34.21(3)(b)17. 17. Licensed practical nurses shall be licensed under ch. 441, Stats., as a licensed practical nurse and have had either training in psychiatric nursing or one year of experience working in a clinical mental health setting.

DHS 34.21(3)(b)18. 18. Mental health technicians shall be paraprofessionals who are employed on the basis of personal aptitude and life experience which demonstrates their ability to provide effective emergency mental health services.

DHS 34.21(3)(b)19. 19. Clinical students shall be students currently enrolled in an academic institution and working toward a degree in a professional area identified in this subsection who are providing services to the program under the supervision of a staff member meeting the qualifications under this subsection for that professional area.

DHS 34.21(4) (4) Required staff.

DHS 34.21(4)(a) (a) Program administrator. A program shall designate a program administrator, or equivalently titled person, who shall have overall responsibility for the operation of the program and for compliance of the program with this chapter.

DHS 34.21(4)(b) (b) Clinical director.

DHS 34.21(4)(b)1. 1. The program shall have on staff a clinical director or similarly titled person qualified under sub. (3) (b) 1. or 2. who shall have responsibility for the mental health services provided by the program.

DHS 34.21(4)(b)2. 2. Either the clinical director or another person qualified under sub. (3) (b) 1. to 8. who has been given authority to act on the director’s behalf shall be available for consultation in person or by phone at all times the program is in operation.

DHS 34.21(5) (5) Additional staff. A program shall have staff available who are qualified under sub. (3) (b) 1. to 19. to meet the specific needs of the community as identified in the emergency mental health services plan under s. DHS 34.22 (1).