Wisconsin Legislature: Ch. DHS 35 TOC

Chapter DHS 35

OUTPATIENT MENTAL HEALTH CLINICS

Subchapter I — General Provisions

DHS 35.01 Authority and purpose.

DHS 35.02 Applicability.

DHS 35.03 Definitions.

Subchapter II — Certification

DHS 35.06 Effect of certification.

DHS 35.07 Location of service delivery.

DHS 35.08 Certification process.

DHS 35.09 Notification of clinic changes.

DHS 35.10 Scope and transferability of certification.

DHS 35.11 Enforcement actions.

DHS 35.12 Waivers and variances.

Subchapter III — Personnel

DHS 35.123 Staffing requirements for clinics.

DHS 35.127 Persons who may provide psychotherapy services through an outpatient mental health clinic.

DHS 35.13 Personnel policies.

DHS 35.14 Clinical supervision and clinical collaboration.

DHS 35.15 Orientation and training.

Subchapter IV — Outpatient Mental Health Services

DHS 35.16 Admission.

DHS 35.165 Emergency services.

DHS 35.17 Assessment.

DHS 35.18 Consent for outpatient mental health services.

DHS 35.19 Treatment plan.

DHS 35.20 Medication management.

DHS 35.21 Treatment approaches and services.

DHS 35.215 Group therapy.

DHS 35.22 Discharge summary.

DHS 35.23 Consumer file.

DHS 35.24 Consumer rights.

DHS 35.25 Death reporting.

subch. I of ch. DHS 35Subchapter I — General Provisions

DHS 35.01DHS 35.01 Authority and purpose. This chapter is promulgated under the authority of ss. 49.45 (2) (a) 11., 51.04, 51.42 (7) (b) 11., and 227.11 (2) (a), Stats., to establish minimum standards for certification of outpatient mental health clinics that receive reimbursement for outpatient mental health services from the Wisconsin medical assistance and BadgerCare Plus programs or private insurance under s. 632.89 (2) (d), Stats., or that utilize federal community mental health services block grant funds under 42 USC section 300x, et.seq., or receive state community aids funds under s. 51.423 (2), Stats.

DHS 35.01 HistoryHistory: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.

DHS 35.02DHS 35.02 Applicability.

DHS 35.02(1)(1) This chapter applies to public and private outpatient mental health clinics that request reimbursement for services from the Wisconsin medical assistance and BadgerCare Plus programs and from private insurance required under s. 632.89 (2), Stats., or who utilize federal community mental health services block grant funds under 42 USC section 300x, et.seq., or receive state community aids funds under s. 51.423 (2), Stats.

DHS 35.02(2)(2) This chapter does not apply to outpatient programs governed under ch. DHS 75 that provide services to persons who have alcohol or other drug abuse related treatment needs but do not provide mental health services.

DHS 35.02 HistoryHistory: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.

DHS 35.03DHS 35.03 Definitions.

DHS 35.03(1)(1) “Advanced practice nurse” has the meaning given in s. N 8.02 (1).

DHS 35.03(1g)(1g) “Advanced practice nurse prescriber” means an advanced practice nurse certified to issue prescription orders under s. 441.16 (2), Stats.

DHS 35.03(1m)(1m) “Approved placement criteria” means a placement instrument that is used to develop a placement recommendation for an appropriate level of care for a consumer who has a substance use disorder such as the Wisconsin Uniform Placement Criteria (WI-UPC); the American Society of Addiction Medicine (ASAM); or similar placement instrument that is approved by the department.

DHS 35.03 NoteNote: A copy of the publications, Wisconsin Uniform Placement Criteria and Patient Placement Criteria for the Treatment of Substance- Related Disorders, published by the American Society of Addiction Medicine (ASAM), may be obtained by writing the Bureau of Mental Health and Substance Abuse Services, 1 W. Wilson Street, Room 437, PO Box 7851, Madison, Wisconsin 53707-7851. Send inquires about the ASAM placement criteria to American Society of Addiction Medicine, 4601 N. Park Ave., Suite 101 Upper Arcade, Chevy Chase, MD 20815, or check ASAM’s internet site at www.asam.org.

DHS 35.03(2)(2) “Available to provide outpatient mental health services” means physical presence at any of the clinic’s offices or via telehealth.

DHS 35.03(4)(4) “Clinical collaboration” means mental health professionals working together in a joint intellectual and clinical approach for the therapeutic benefit and favorable outcome of consumers.

DHS 35.03(5)(5) “Clinical supervision” means any of the following:

DHS 35.03(5)(a)(a) The supervised practice of psychotherapy as described under ch. MPSW 4, 12, or 16, or Psy 2, as applicable. For a recognized psychotherapy practitioner, “clinical supervision” means the supervised practice of psychotherapy by a licensed treatment professional of at least one hour per week.

DHS 35.03(5)(b)(b) For any staff member, including a substance abuse counselor, who provides services to consumers who have a primary diagnosis of substance abuse, “clinical supervision” has the meaning given under s. SPS 160.02 (6) by a clinical supervisor as defined under s. SPS 160.02 (7).

DHS 35.03 NoteNote: Any staff member, including a substance abuse counselor-in training, substance abuse counselor, or clinical substance abuse counselor, providing services to consumers who have a primary diagnosis of substance abuse is required under s. DHS 35.14 (4) (b) to receive clinical supervision from a clinical supervisor as defined under s. SPS 160.02 (7).

DHS 35.03(6)(6) “Consumer” means an individual who receives or requests outpatient mental health services from a clinic.

DHS 35.03(6m)(6m) “Deficiency” means a failure to meet a requirement of this chapter.

DHS 35.03(7)(7) “Department” means the Wisconsin department of health services.

DHS 35.03(8)(8) “Discharge” has the meaning given in s. 51.01 (7), Stats.

DHS 35.03 NoteNote: Section 51.01 (7) Stats., defines “discharge” for a patient who is under involuntary commitment orders as meaning termination of custody and treatment obligations of the patient to the authority to which the patient was committed by court action. For voluntary admissions to a treatment program or facility, s. 51.01 (7), Stats., defines “discharge” as meaning termination of treatment obligations between the patient and the treatment program or facility.

DHS 35.03(8m)(8m) “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 35.03(9)(9) “Legal representative” means any of the following:

DHS 35.03(9)(a)(a) A guardian of the person as defined under s. 54.01 (12), Stats.

DHS 35.03(9)(b)(b) A health care agent as defined in s. 155.01 (4), Stats., if the principal has a finding of incapacity pursuant to s. 155.05 (2), Stats., and if the power to make decisions regarding outpatient mental health services is included in the scope of the agency.

DHS 35.03(9)(c)(c) A parent of a minor as defined in s. 48.02 (13), Stats., a guardian of a minor as defined in s. 48.02 (8), Stats., or a legal custodian of a minor as defined in s. 48.02 (11), Stats.

DHS 35.03(9g)(9g) “Licensed treatment professional” means an individual licensed as a physician under s. 448.03, Stats., who has completed a residency in psychiatry; a psychologist or a private practice school psychologist licensed under ch. 455, Stats., a marriage and family therapist licensed under s. 457.10 or 457.11, Stats., a professional counselor licensed under s. 457.12 or 457.13, Stats., an advanced practice social worker granted a certificate under s. 457.08 (2), Stats., an independent social worker licensed under s. 457.08 (3), Stats., or a clinical social worker licensed under s. 457.08 (4), Stats.; and includes any of these individuals practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457, Stats. “Licensed treatment professional” does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

DHS 35.03(9m)(9m) “Major deficiency” means the clinic has repeatedly or substantially failed to meet one or more requirements of this chapter or the department determines that an action, condition, policy or practice of the clinic or the conduct of its staff does any of the following:

DHS 35.03(9m)(a)(a) Creates a risk of harm to a consumer or violates a consumer right created by this chapter or other state or federal statutes or rules, including any of the following:

DHS 35.03(9m)(a)1.1. A staff member has had sexual contact or intercourse, as defined in s. 940.225 (5) (b) or (c), Stats., with a consumer.

DHS 35.03(9m)(a)2.2. A staff member has been convicted of abuse under s. 940.285, 940.29 or 940.295, Stats.

DHS 35.03(9m)(a)3.3. The health or safety of a consumer is in imminent danger because of any act or omission by the clinic or a staff member.