Chapter DHS 35

DHS 35.23(1)(a)5. 5. Documentation of referrals of the consumer to outside resources.

DHS 35.23(1)(a)6. 6. Descriptions of significant events that are related to the consumer’s treatment plan and contribute to an overall understanding of the consumer’s ongoing level and quality of functioning.

DHS 35.23(1)(a)7. 7. Progress notes, which shall include documentation of therapeutic progress, functional status, treatment plan progress, symptom status, change in diagnosis, and general management of treatment.

DHS 35.23(1)(a)8. 8. Any recommended changes or improvement of the treatment plan resulting from clinical collaboration or clinical supervision.

DHS 35.23(1)(a)9. 9. Signed consent forms for disclosure of information and for medication administration and treatment, and court orders, if any.

DHS 35.23(1)(a)10. 10. A listing of medications prescribed by staff prescribers, and a medication administration record if staff dispenses or administers medications to the consumer.

DHS 35.23(1)(a)11. 11. Discharge summary and any related information.

DHS 35.23(1)(a)12. 12. Notice of involuntary discharge, if applicable.

DHS 35.23(1)(a)13. 13. Any other information that is appropriate for the consumer file.

DHS 35.23(1)(b) (b) Clinics may keep composite consumer files of a family in treatment as a unit. When information is released, provisions shall be made for individual confidentiality pursuant to s. 51.30, Stats., and ch. DHS 92.

DHS 35.23(2) (2) Confidentiality. Treatment records shall be kept confidential as required under s. 51.30, Stats., ch. DHS 92, and 45 CFR Parts 160, 162 and 164, and 42 CFR Part 2 in a designated place in each clinic office at which records are stored that is not accessible to consumers or the public but is accessible to appropriate staff members at all times.

DHS 35.23 Note Note: If notes or records, recorded in any medium, maintained for personal use by an individual providing treatment services are available to others, the notes or records become part of the treatment records. See s. 51.30 (1) (b), Stats., and ss. DHS 92.02 (16) and 92.03 (1) (b).

DHS 35.23(3) (3) Transferring treatment records. Upon written request of a consumer or former consumer or, if required, that person’s legal representative, the clinic shall transfer to another licensed treatment professional, clinic or mental health program or facility the treatment records and all other information in the consumer file necessary for the other licensed treatment professional, clinic or mental health program or facility to provide further treatment to the consumer or former consumer.

DHS 35.23(4) (4) Retention and disposal.

DHS 35.23(4)(a) (a) The clinic shall implement a written policy governing the retention of treatment records that is in accordance with s. DHS 92.12 and any other applicable laws.

DHS 35.23(4)(b) (b) Upon termination of a staff member’s association with the clinic, the treatment records for which the staff member was responsible shall remain in the custody of the clinic.

DHS 35.23(5) (5) Electronic record-keeping systems.

DHS 35.23(5)(a) (a) Clinics may maintain treatment records electronically if the clinic has a written policy describing the record and the authentication and security policy.

DHS 35.23(5)(b) (b) Electronic transmission of information from treatment records to information systems outside the outpatient mental health clinic may not occur without voluntary written consent of the consumer unless the release of confidential treatment information is permitted under s. 51.30, Stats., or other applicable law.

DHS 35.23 Note Note: Transmission of information must comply with 45 CFR parts 160, 162, and 164, s. 51.30, Stats., and ch. DHS 92.

DHS 35.23(5)(c) (c) If treatment records are kept electronically, the confidentiality of the treatment records shall be maintained as required under subs. (2) to (4). A clinic shall maintain a paper or electronic back-up system for any treatment records maintained electronically.

DHS 35.23 Note Note: If notes or records, recorded in any medium, maintained for personal use by an individual providing treatment services are available to others, the notes or records become part of the treatment records. See s. 51.30 (1) (b), Stats., and ss. DHS 92.02 (16) and 92.03 (1) (b).

DHS 35.23 History History: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.

DHS 35.24 DHS 35.24 Consumer rights.

DHS 35.24(1) (1) A clinic shall implement written polices and procedures that are consistent with s. 51.61, Stats., and ch. DHS 94 to protect the rights of consumers.

DHS 35.24(2) (2) If a staff member no longer is employed by or contracts with the outpatient mental health clinic, the clinic shall offer consumers who had been served by that staff member options for ongoing services.

DHS 35.24(3) (3) 

DHS 35.24(3)(a) (a) A consumer may be involuntarily discharged from treatment because of the consumer’s inability to pay for services or for behavior that is reasonably a result of mental health symptoms only as provided in par. (b).

DHS 35.24(3)(b) (b) Before a clinic may involuntarily discharge a consumer under par. (a), the clinic shall notify the consumer in writing of the reasons for the discharge, the effective date of the discharge, sources for further treatment, and of the consumer’s right to have the discharge reviewed, prior to the effective date of the discharge, by the subunit of the department that certifies clinics under this chapter, with the address of that subunit. A review under this paragraph is in addition to and is not a precondition for any other grievance or legal action the consumer may bring in connection with the discharge, including a grievance or action under s. 51.61, Stats. In deciding whether to uphold or overturn a discharge in a review under this paragraph, the department may consider:

DHS 35.24(3)(b)1. 1. Whether the discharge violates the consumer’s rights under s. 51.61, Stats.

DHS 35.24(3)(b)2. 2. In cases of discharge for behavior that is reasonably a result of mental health symptoms, whether the consumer’s needs can be met by the clinic, whether the safety of staff or other consumers of the clinic may be endangered by the consumer’s behavior, and whether another provider has accepted a referral to serve the consumer.

DHS 35.24 Note Note: The address of the subunit of the department that certifies clinics under this chapter is Behavioral Health Certification Section, Division of Quality Assurance, PO Box 2969, Madison, WI 53701-2969.

DHS 35.24 History History: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.

DHS 35.25 DHS 35.25 Death reporting. The clinic shall report the death of a consumer to the department if required under s. 51.64 (2), Stats.

DHS 35.25 History History: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.