Chapter DHS 61

DHS 61.022(8)(a) (a) Mental illness, for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism.

DHS 61.022(10) (10) “Neurologic conditions” means disease states which require treatment similar to that required for intellectual disabilities.

DHS 61.022(11) (11) “Psychotherapy” means psychotherapy as defined in s. DHS 101.03.

DHS 61.022(12) (12) “Special education” means any education assistance required to provide an appropriate education program for a child with exceptional educational needs and any supportive or related service.

DHS 61.022(13) (13) “Substantial disability” means a level of disability of such severity that, alone or in combination with social, legal, or economic constraints, it requires the provision of specialized services over an extended period of time directed toward the individual’s emotional, social, personal, physical, or economic habilitation and rehabilitation.

DHS 61.022 History History: Renum. from HSS 61.02 (21) to (33) under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488; r. (1), (4) and (6), Register, July, 2000, No. 535, eff. 8-1-00; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2019 Wis. Act 1: renum. (9) to (7m) and am., am. (5), (10) Register May 2019 No. 761, eff. 6-1-19; CR 20-068: r. and recr. (5), am. (13) Register December 2021 No. 792, eff. 1-1-22.

DHS 61.03 DHS 61.03 Eligibility.

DHS 61.03(1) (1) A program or service authorized under s. 51.42 or 51.437, Stats., is required to meet these standards in order to be eligible for state grants-in-aid.

DHS 61.03(2) (2) A board organized under s. 51.42, 51.437 or 46.23, Stats., shall submit an annual coordinated plan and budget in accordance with s. 46.031, Stats. The annual coordinated plan and budget shall establish priorities and objectives for the year, intermediate range plans and budgets, and modifications of long range objectives.

DHS 61.03(2)(a) (a) The coordinated plan and budget shall include plans for the provision of needed services pertaining to all program elements.

DHS 61.03(2)(b) (b) The coordinated plan and budget shall include plans for the provision of all 16 elements of developmental disability services.

DHS 61.03(2)(c) (c) The coordinated plan and budget shall include emphasis on special target populations mandated by the department.

DHS 61.03(2)(d) (d) The disability group program elements, services and optional related services are as follows:

ADMINISTRATIVE SERVICE CATEGORY

DHS 61.03 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

DHS 61.04 DHS 61.04 Administration. The county board of supervisors of any county or combination of counties shall establish a board of directors in accordance with s. 46.23, 51.42 (4) or 51.437, Stats. The board shall appoint a program director.

DHS 61.04 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.05 DHS 61.05 Administrative personnel.

DHS 61.05(1) (1) The board program director is an administrator who has skills and knowledge in budgeting, planning, and program management. Such skills and knowledge are typically acquired during a course of study leading to a master’s degree and 5 years of related work experience in a relevant field.

DHS 61.05(2) (2) The board disability program coordinator shall have skills and knowledge in psychology, social work, rehabilitation, special education, health administration or a related human service field. The skills and knowledge required for appointment are typically acquired during a course of study leading to a master’s degree in one of the above listed fields and at least 4 years of relevant work experience.

DHS 61.05(3) (3) The clinical director of the board program shall be a psychiatrist.

DHS 61.05(4) (4) Additional years of experience in a relevant field may be substituted for the above academic qualifications. The department may approve the employment of individuals with lesser qualifications than stated in this subsection, if the program can demonstrate and document the need to do so. Written documentation of administrative personnel qualifications shall be maintained on file at the board office and available for inspection by the department.

DHS 61.05 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.06 DHS 61.06 Program personnel. Personnel in programs provided or contracted for by a board shall meet the following qualifications. Written documentation of such qualifications shall be maintained on file at the board office and available for inspection by the recipient of treatment services and the department.

DHS 61.06(1) (1) A physician shall be licensed to practice medicine in the state of Wisconsin and shall have skills in that area in which he or she is practicing (i.e. developmental disabilities, alcoholism, chemical dependency, etc.).

DHS 61.06(2) (2) A psychiatrist shall be a physician licensed in the state of Wisconsin and shall have satisfactorily completed 3 years residency training in psychiatry in a program approved by the American medical association.

DHS 61.06(3) (3) A child psychiatrist shall be a physician licensed in the state of Wisconsin and shall have satisfactorily completed a residency training program in child psychiatry approved by the American medical association.

DHS 61.06(4) (4) A psychologist shall meet statutory requirements for licensure in the state of Wisconsin. Psychologists who do not meet licensure requirements may be employed to work under the direct supervision of a licensed psychologist.

DHS 61.06(5) (5) A social worker shall have such education, training, work or other life experiences which would provide reasonable assurance that the skills and knowledge required to perform the tasks have been acquired. Such skills and knowledge are typically acquired during a course of study leading to a master’s degree in social work. Social workers with lesser qualifications may be employed to work under the direct supervision of a qualified social worker.

DHS 61.06(6) (6) Registered nurses and licensed practical nurses employed to provide nursing service shall have current Wisconsin licensure and appropriate experience or further education related to the responsibility of the position.

DHS 61.06(7) (7) Occupational therapists, recreational therapists, music therapists, art therapists and speech and language therapists shall have skills and knowledge which are typically acquired during a course of study and clinical fieldwork training leading to a bachelor’s degree in their respective profession.

DHS 61.06(8) (8) A teacher shall be eligible for certification by the department of public instruction for teaching the appropriate intellectual disability or shall secure the temporary approval of the department.

DHS 61.06(9) (9) A rehabilitation counselor shall be certified or eligible for certification by the commission on rehabilitation counselor certification.

DHS 61.06(10) (10) A vocational counselor shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master’s degree in counseling and guidance.

DHS 61.06(11) (11) Physical therapists shall be licensed by the Wisconsin medical examining board.

DHS 61.06(12) (12) The educational services director or designee shall have skills and knowledge in communications, educational methods and community organization which is typically acquired during a course of study leading to a bachelor’s degree. Training or experience is acceptable if the individual is able to design and present educational programs, communicate clearly in writing and verbally, and construct a major program service through planning, organization and leadership.

DHS 61.06(13) (13) Clergy staff members shall have skills and knowledge typically acquired during a course leading to a college or seminary degree and ordination. The individual shall have pastoral service experience, continuing ecclesiastical endorsement by their own denomination, and at least 1 year of full time clerical pastoral education.

DHS 61.06(15) (15) Developmental disabilities or mental health technicians are para-professionals who shall be employed on the basis of personal aptitude. They shall have a suitable period of orientation and inservice training and shall work under the direct supervision of a professional staff member.

DHS 61.06(16) (16) The department may approve the employment of individuals with lesser qualifications than those stated, if the program can demonstrate and document the need to do so.

DHS 61.06 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; emerg. r. and recr. (14), eff. 3-9-89; r. and recr. (14), Register, May, 1989, No. 401, eff. 6-1-89; r. (14), Register, July, 2000, No. 535, eff. 8-1-00; correction in (8) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 2001, No. 546; CR 20-068: am. (8) Register December 2021 No. 792, eff. 1-1-22.

DHS 61.07 DHS 61.07 Uniform cost reporting. There shall be a uniform cost reporting system used by community programs receiving state funds. Methods of cost accounting will be prescribed by the department.

DHS 61.07 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.075 DHS 61.075 Use of telehealth. Telehealth may be used to deliver services in this subchapter when functionally equivalent to in-person services. Consumers shall not be required to use telehealth to receive services and an in-person option must be available. Providers are not required to provide services via telehealth to an individual or a program.

DHS 61.075 History History: CR 23-053: cr. Register September 2023 No. 813, eff. 10-1-23.

DHS 61.08 DHS 61.08 Requirements for inservice and educational leave programs for personnel. Personnel policies shall incorporate provisions for inservice training and educational leave programs for program personnel.

DHS 61.08 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.09 DHS 61.09 Fee schedule. A board shall charge fees according to departmental rules.

DHS 61.09 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.10 DHS 61.10 Eligibility for service. In accordance with Title VI and Title IX of the Civil Rights Act and the Rehabilitation Act of 1973, services shall be available and accessible and no person shall be denied service or discriminated against on the basis of sex, race, color, creed, disability, age, location, or ability to pay.

DHS 61.10 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. Register December 2021 No. 792, eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792.

DHS 61.11 DHS 61.11 Client rights. The client rights mandated by s. 51.61, Stats. shall apply.

DHS 61.11 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.12 DHS 61.12 Grievance procedure. The grievance procedure mandated under s. 51.61 (5), Stats. shall apply.

DHS 61.12 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.13 DHS 61.13 Client advocacy. Clients shall be allowed to have an advocate present to represent their interest during any phase of the staffing, program planning, or other decision making process. This does not obligate the provider to furnish the advocate but to facilitate the advocate’s participation if so requested by the client. The provider shall inform the client’s advocate that assistance is available from the coordinator of client advocacy in the division of community services.

DHS 61.13 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.14 DHS 61.14 Affirmative action and civil rights compliance.

DHS 61.14(1) (1) The board shall enunciate and annually reaffirm an explicit equal employment opportunity prohibiting discrimination in all phases of employment to be disseminated among employees and contracted agencies in order to promote acceptance and support.

DHS 61.14(2) (2) The board shall be responsible for the affirmative action program and shall assign to a high level employee the responsibility and authority for the affirmative action program implementation.

DHS 61.14(3) (3) An annual affirmative action plan including goals and timetables shall be developed which includes input from all levels of staff, and submitted to the division of community services.

DHS 61.14(4) (4) The practices of employee organizations and contracted agencies should conform to the 51.42/41.437 agency’s policy, and any negotiated agreements or contracts shall contain a non-discrimination clause and a statement of conformance and support for the program.

DHS 61.14(5) (5) Training in the area of affirmative action for supervisory staff and employees shall be provided by the 51.42/51.437 board.

DHS 61.14 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.15 DHS 61.15 Continuity of care.

DHS 61.15(1) (1) A program organized under s. 51.42, 51.437, or 46.23, Stats. shall provide services in a comprehensive coordinated manner.

DHS 61.15(1)(a) (a) Written procedures for cooperative working relationships between service provider agencies shall be established and there shall be evidence that such collaborative services are being carried out.

DHS 61.15(1)(b) (b) Providers of services shall cooperate in activities such as pre-screening, referral, follow up, and aftercare, as required, to assure continuity of care and to avoid duplication of services.

DHS 61.15(1)(c) (c) There may be joint use of professional and other staff by the services organized under the boards.

DHS 61.15(1)(d) (d) Access to treatment records shall be according to ss. 51.03 and 51.30, Stats.

DHS 61.15(1)(e) (e) Each 51.42/51.437 or 46.23 board shall organize and maintain a central records system which provides for retrieval of information about persons receiving treatment.

DHS 61.15 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.16 DHS 61.16 Volunteer services. The use of volunteers is encouraged. They shall be supervised by professional staff and there shall be written procedures for the selection process, orientation, and inservice training of volunteers.

DHS 61.16 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.17 DHS 61.17 Religious services.

DHS 61.17(1) (1) Religious services should be available to all patient and residential programs to assure every person, who wishes, the right to pursue the religious activities of his or her choice.

DHS 61.17(2) (2) Each inpatient service may provide regularly scheduled visits by clergy.

DHS 61.17 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.18 DHS 61.18 Research. Section 51.61 (4), Stats., shall apply to research activity.

DHS 61.18 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.19 DHS 61.19 Program evaluation. Each board shall develop and use a plan for evaluation of the effectiveness of its programs which will be made available to the department upon request.

DHS 61.19 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.20 DHS 61.20 Enforcement.

DHS 61.20(1) (1) Compliance required for state funding. All board operated or board contracted programs provided by a 51.42/51.437 board shall meet standards and be provided in a non-discriminatory manner as prescribed in ss. DHS 61.10 and 61.14. The department may discontinue state funding of a program when it does not meet standards as established by departmental administrative rules and after the board has had reasonable notice and opportunity for hearing by the department as provided in ch. 227, Stats.

DHS 61.20(2) (2) Provisional approval. When a program does not comply with standards, the department may allow a compliance period of 6 months. After 6 months, the board’s program shall comply with standards or the board shall have demonstrated and documented significant attempts toward compliance. Additional provisional approvals for 3 month periods may be granted.

DHS 61.20(3) (3) Waiver.

DHS 61.20(3)(a) (a) If a board believes its program should not have to comply with a standard, it may request a waiver. The request shall be in writing to the department. It shall identify the standard and explain why noncompliance would not diminish the effectiveness of its program.

DHS 61.20(3)(b) (b) If the program holds current accreditation issued by the joint commission on accreditation of hospitals, the requirement to meet these standards may be waived by the department. The accreditation by JCAH must be for an appropriate category such as adult psychiatric inpatient, children and adolescents inpatient, alcoholism and drug abuse, developmental disabilities, or community mental health standards.

DHS 61.20(3)(c) (c) The department may grant exceptions to any of the rules for community mental health, developmental disabilities and alcohol and other drug abuse standards. This may be done only when the department is assured that granting the exceptions maintains equal or higher quality of services provided.

DHS 61.20(4) (4) Interpretation. If a board disagrees with the department’s interpretation of a standard, it may appeal in writing to the department. The appeal shall identify the standard, describe the department’s interpretation, describe the board’s interpretation, and define the problem caused by the different interpretations.