Wisconsin Legislature: DHS 50.02(2)(b)

Subchapter I – General Provisions and Requirements

DHS 50.01 Authority and purpose.

DHS 50.02 Definitions.

DHS 50.03 Certification.

DHS 50.04 Variance and waiver.

DHS 50.05 Program Statement.

Subchapter II - Program Requirements

DHS 50.06 Required Policies.

DHS 50.07 Personnel.

DHS 50.08 Orientation and Training.

DHS 50.09 Clinical Supervision.

DHS 50.10 Admissions.

DHS 50.11 Program Components.

DHS 50.12 Emergency safety interventions.

DHS 50.13 Investigation, notification, and reporting requirements.

DHS 50.14 Client Rights.

Subchapter III – Facilities

DHS 50.15 General Requirements.

DHS 50.16 General safety precautions.

DHS 50.17 Fire safety.

DHS 50.18 Carbon monoxide detector.

Subchapter I – General Provisions and Requirements

DHS 50.01 Authority and purpose. This chapter is promulgated under the authority of ss. 51.042 (4), 51.42 (7) (b), and 227.11 (2) (a), Stats., for the purpose of creating certification to operate youth crisis stabilization facilities.

History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.

DHS 50.02 Definitions.

(1) “Chemical restraint” means any drug, drug dosage, or drug regimen that may decrease a youth’s independent functioning, that is administered to control a youth’s behavior, and that is not prescribed to the youth for the treatment of a medical or psychiatric condition.

(2) “Clinical staff” means any of the following:

(a) A psychiatrist with the qualifications stated in s. DHS 34.21 (3) (b) 1.

(b) A psychologist with the qualifications stated in s. DHS 34.21 (3) (b) 2.

(d) A psychiatric resident with the qualifications stated in s. DHS 34.21 (3) (b) 4.

(e) A certified independent clinical social worker with the qualifications stated in s. DHS 34.21 (3) (b) 5.

(f) A psychiatric nurse with the qualifications stated in s. DHS 34.21 (3) (b) 6.

(g) A professional counselor and marriage and family therapist with the qualifications stated in s. DHS 34.21 (3) (b) 7.

(h) Licensed certified social workers, certified advance practice social workers and certified independent social workers shall meet the qualifications established in s. DHS 34.21 (3) (b) 13.

(i) A qualified treatment trainee, who is a master’s level clinician who has 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.

(3) “Crisis” has the meaning given in s. 51.042 (1) (a), Stats.

(4) “Crisis stabilization” means a stabilization service that complies with the requirements stated in s. DHS 34.22 (4) (a) to (c).

(5) “Culturally responsive” means a service, or the provision of a service, in a manner that demonstrates an understanding of, and attentiveness to, a youth’s cultural history and background and how those impact the youth’s treatment needs.

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

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

(8) “Division” means the division of care and treatment services.

(9) “Facility” means the physical site where the YCSF program is located. “Facility” is limited to the space used by the program.

(10) “Family” means a youth’s relatives and others who are considered family by the youth and the youth’s culture.

(10m) “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.

(11) “Group services” means services delivered in a group setting of two or more youth.

(12) “Individual services” means services delivered by staff to a youth or family.

(13) “Legal representative” means any of the following:

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

(b) 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.

(14) “Licensed treatment professional” means any of the following, who is practicing under a currently valid training or temporary license or certificate, except 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:

(a) An individual licensed as a physician under s. 448.03, Stats., who has completed a residency in psychiatry.

(b) A psychologist or a private practice school psychologist licensed under ch. 455, Stats.

(d) A professional counselor licensed under s. 457.12 or 457.13, Stats.

(e) An advanced practice social worker granted a certificate under s. 457.08 (2), Stats.

(f) An independent social worker licensed under s. 457.08 (3), Stats.

(g) A clinical social worker licensed under s. 457.08 (4), Stats.

(15) “Major deficiency” means a determination made by the department that any of the following have occurred:

(a) A YCSF has repeatedly or substantially failed to meet one or more requirements of this chapter.

(b) An action, condition, policy, or practice of the YCSF or the conduct of its staff created a risk of harm to a youth or violates a youth’s right created by this chapter or other state or federal statutes or rules, including any of the following:

1. A YCSF staff member had sexual contact, as defined in s. 940.225 (5) (b), Stats., or sexual intercourse, as defined in s. 940.225 (c), Stats., with a youth.

2. A YCSF staff member was convicted of abuse under s. 940.285, 940.29 or 940.295, Stats.

3. A YCSF staff member’s acts or omissions placed the health or safety of a youth in imminent danger.

(c) A YCSF submits or causes to be submitted one or more false statements for purposes of obtaining certification under this chapter.

(d) A YCSF engaged in fraud or willful misrepresentation within the meaning of s. DHS 108.02 (9) (d). Willful misrepresentation under this paragraph does not include the signing of a claim for reimbursement by an authorized representative of a YCSF who did not perform the service for which reimbursement is claimed, if the individual who performed the service was qualified to do so under this chapter and was on the YCSF’s staff when the services were performed.

Note: The department may withhold Medical Assistance (MA) payments, in whole or in part, as provided in s. DHS 108.02 (9) (d) 1. A provider is entitled to a hearing under s. DHS 106.12.

(e) A YCSF staff member has a substantiated finding of caregiver misconduct as identified in ch. DHS 13.

(16) “Mechanical restraint” means any physical device, used for the purpose of limiting or controlling a youth’s movement, except that the procedures in s. DHS 50.12 (4) (e) 1. to 2. are not mechanical restraints.

(17) “Parent” means any biological, foster, or adoptive parents who are legally recognized as a youth’s parent and legally responsible for the youth’s welfare.

(18) “Physical restraint” means any manual method, such as a basket hold, or a mechanical device that the individual cannot remove easily and that is intended to limit independent functioning, restrict the freedom of movement or normal range of motion of one or more limbs or the entire body, but not including any of the following:

(a) Mechanical supports used to enhance independent functioning or achieve proper body position, balance, or alignment, such as arm splints to reduce contractures or leg braces to support the legs while standing or walking.

(b) Physical guidance and prompting techniques of brief duration.

(19) “Program” means a YCSF’s treatment and services component.

(19g) “Signature” or “signed” means a signature that meets the requirements in s. 990.01 (38), Stats.

(19r)

(a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact.

(b) “Telehealth” may include real-time interactive audio-only communication.

(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.

(20) “Trauma-informed” means a service, or the provision of a service, in a manner that demonstrates an understanding of, and attentiveness to, a youth’s trauma history and background and how those impact the youth’s treatment needs. Trauma-informed services recognize the impact of trauma on a youth’s behavior. Trauma-informed care prioritizes addressing and minimizing the impact of trauma in a youth’s life.

(21) “Youth” means an individual under the age of 18 who is being treated at, or seeking treatment from, a YCSF.

(22) “Youth crisis stabilization facility” or “YCSF” has the meaning given in s. 51.042(1)(b), Stats.

History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) (f), (9), (12), (13) (a), (b), (15) (b) 1., (18) (a) made under s. 35.17, Stats., Register July 2020 No. 775; CR 23-053: cr. (10m), (19g), (19r) Register September 2023 No. 813, eff. 10-1-23.

DHS 50.03 Certification.

(1) General. No person or entity may operate a YCSF without successfully completing a background check verified by the Office of Caregiver quality and obtaining a certification from the department. A YCSF that has a certification from the department under this section is not subject to facility regulation under ch. 48, Stats.

Note: Information about obtaining a background check is available at: https://www.dhs.wisconsin.gov/caregiver/cbcprocess.htm.

(2) Application. A YCSF may apply for a certification by submitting all of the following application materials to the department at the address given on the application:

(a) A completed application form.