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Note: For the purposes and use in this chapter, chemical is interpreted to have the same meaning as substance.
(21) “Substance” means alcohol, a psychoactive agent, or chemical that principally affects the central nervous system and alters mood or behavior.
(22) “Substance abuse” means use of alcohol or other drugs individually or in combination in a manner that interferes with functioning.
(23) “Traffic safety school” means all of the following:
(a) A group dynamics traffic safety program certified under s. Trans 106.02 (6).
(b) A multiple offender traffic safety program certified under s. Trans 106.02 (8).
(24) “Treatment” means the planned provision of services under ss. DHS 75.05 to 75.15 that are sensitive and responsive to a client’s age, disability, if any, gender and culture that are conducted under clinical supervision to assist the client through the process of recovery.
Note: Treatment functions include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, medication management, referral discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the client’s treatment, recovery, or case management, and may include crisis intervention, client education, vocational assistance and problem resolution in life skills functioning.
(25) “Wisconsin assessment of the impaired driver” or “WAID” means the tool required for use in conducting intoxicated driver assessments.
History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (1), (8), (12) (a), (17) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.
DHS 62.04 Board responsibilities for the intoxicated driver program. Pursuant to authority under s. 51.42, Stats., a board shall implement an intoxicated driver program in the board’s geographic area. To implement the intoxicated driver program, the board shall do all of the following:
(1) Designate a single intoxicated driver assessment facility that meets the qualifications and standards set forth under s. DHS 62.05.
(2) Designate driver safety plan providers who provide treatment to clients.
(3) Implement written policies, procedures, and guidelines that address all of the following:
(a) Client records. Policies, procedures, and guidelines shall address all of the following:
1. Custodian of client records.
2. Confidentiality of client records. Policies, procedures, or guidelines shall be consistent with s. DHS 62.13, ch. DHS 92 and applicable state and federal laws.
3. Client record retention and disposal.
4. Transfer of client records between agencies.
(b) Collaboration with and consultation to the courts, assessment facilities, out-of state assessment agencies, and driver safety plan providers.
(c) Fees that may be charged to clients under ch. DHS 1 and s. DHS 62.11 including notification to clients of the client’s liability for fees.
(d) Client rights and appeals of assessments, driver safety plans, and reports of noncompliance.
(e) Conflict of interest guidelines.
(f) Client referrals to driver safety plan providers, to assessment facilities within the geographic area and other counties, and to out-of-state assessment agencies.
(g) Illegal discrimination by programs and staff.
(h) Training requirements.
(i) Assessments, including screening instruments and driver safety plans.
(j) Alternative education, including method for approvals.
(k) Procedures for assessments and driver safety plan services for persons referred from another board’s geographic area, another state, or the Wisconsin department of corrections.
(L) Requests from assessment facilities to extend the time to conduct assessments or driver safety plans.
(4) Establish an IPID committee, if appropriate.
(5) Appoint a designated coordinator to be responsible for the intoxicated driver program on behalf of the board. The designated coordinator shall provide or arrange for all of the following:
(a) Participation in intoxicated driver program development, implementation and problem resolution.
(b) Consultation as needed to assessment facilities, driver safety plan providers, local traffic safety coordinators, clients, and the public as appropriate on board policy and procedures, requirements of this chapter, and fees.
(c) Information or assistance and consultation, to the courts which includes all of the following:
1. Informing the courts of the location, telephone number, and fees of the assessment facility.
2. Providing information about that board’s assessment process that the court may use to inform adjudicated clients.
3. Making the court aware that the court’s order should refer a Wisconsin resident directly to an assessment facility in the resident’s county of residence, refer an individual without an established residence to the facility in the county of conviction, and refer an out–of–state resident to the facility in the county of conviction or to a Wisconsin border county facility when this is more convenient for the individual.
4. Informing the court about the use of the form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan.
Note: Form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.
5. Explaining to the court the confidential nature of reports and the need for client consent for disclosure.
(d) Facilitate an IPID committee if a committee is appointed by the board under sub. (4).
(e) Receive and maintain assessment facility and driver safety plan provider policies and procedures.
(f) Approve all of the following:
1. Screening instruments, in addition to the WAID, used by assessment facilities.
2. In conjunction with the local traffic safety school coordinator, approve driver safety plans that recommend alternative education when factors such as the client’s language, developmental disability, mental illness, cognitive deficit, illiteracy, or extreme hardship are present.
3. Requests by an assessment facility under s. DHS 62.07 (1) (a) for an extension of the time to complete the assessment and driver safety plan.
(g) Provide reports requested by the board.
(h) Train assessment facilities and driver safety plan providers on procedures of the intoxicated driver program.
History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (3) (a) 2. and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 62.05 Intoxicated driver assessment facilities.
(1) General requirements. No agency may conduct intoxicated driver assessments and develop driver safety plans unless appointed by the board as a designated intoxicated driver assessment facility under s. DHS 62.04 (1). The policies and procedures required under par. (a) shall be uniformly applied to all clients. An assessment facility shall do all of the following:
(a) Implement written policies and procedures for all of the following:
1. Client intake and orientation.
2. Maintaining client records. Policies implemented for client records shall be consistent with the policies, procedures and guidelines on confidentiality of client records created by the board under s. DHS 62.04 (3) (a) 2., ch. DHS 92, 45 CFR Part 164 , Subpart E and other applicable state and federal laws.
3. Assessment and driver safety plans. Policies implemented for assessments and driver safety plans shall include a process for referring residents to appropriate plan providers and non-residents to an appropriate comparable intoxicated driver program in the person’s state of residence.
4. Prohibit illegal discrimination by the program and staff.
5. Client rights and appeals process, including client notification of those rights.
6. Collaboration and correspondence with other assessment facilities, the courts, the designated coordinator, the Wisconsin department of transportation, traffic safety schools, driver safety plan providers, and clients.
7. Staff training.
8. Reporting requirements.
9. Fees.
10. Conflict of interest guidelines.
11. Quality assurance.
(b) Maintain a list of plan providers and fees policies of these providers that is updated annually.
(c) Perform other appropriate duties under this chapter as authorized by the board.
(2) Staffing.
(a) Required staff.
1. An assessment facility shall employ or contract with at least one intoxicated driver assessor. Each intoxicated driver assessor employed or under contract with the facility shall have successfully completed the intoxicated driver assessor training under sub. (3) and have the qualifications of one of the following professions:
a. A substance abuse counselor as defined under s. DHS 75.02 (84) (a).
b. A clinical supervisor as defined under s. DHS 75.02 (11).
c. A professional as defined in s. DHS 61.06 (1) to (13).
d. A social worker; marriage and family therapist; or professional counselor licensed under ch. 457, Stats.
2. The department may approve the employment of individuals with lesser qualifications than those stated in subd. 1. if the assessment facility can demonstrate and document need. The department may limit the duration of any exception granted under this subdivision.
(b) Supervision. Competency in intoxicated driver assessment skills shall be documented through supervisor evaluations. The intoxicated driver program assessor shall be supervised by a superior who has completed the intoxicated driver assessment training required under sub. (3) and be knowledgeable in psychopharmacology of substances, addiction, and addiction treatment as evidenced by education, training, or experience.
(3) Training.
(a) Assessment facilities shall arrange for attendance of its intoxicated driver assessors at department-approved assessor training and other staff development training including training in local procedures provided or arranged by the designated coordinator.
(b) Each assessor shall successfully complete a minimum of 6 hours of continuing education each year. Continuing education may include formal courses awarding credits or continuing education units, workshops, seminars, or correspondence courses in any of the following areas:
1. Psychological and socio-cultural aspects of alcohol and drug abuse.
2. Pharmacology.
3. Communication and interviewing skills.
4. Screening, intake, assessment and treatment planning.
5. Human development, abnormal behavior, mental illness, or social learning theory.
6. Motivational interviewing.
7. Brief intervention.
8. Case management.
9. Record keeping.
10. Ethics.
11. Crisis intervention.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.