Chapter DHS 62
ASSESSMENT OF DRIVERS WITH ALCOHOL OR
CONTROLLED SUBSTANCE PROBLEMS
DHS 62.01 Authority and purpose. DHS 62.04 Board responsibilities for the intoxicated driver program. DHS 62.05 Intoxicated driver assessment facilities. DHS 62.06 Driver safety plan providers. DHS 62.07 Assessments and driver safety plans. DHS 62.08 Compliance and noncompliance reporting for assessments. DHS 62.09 Compliance and non compliance reporting for driver safety plans. DHS 62.10 Client responsibilities. DHS 62.12 Conflict of interest guidelines. DHS 62.13 Confidentiality of client records. DHS 62.16 Funding for services. Ch. DHS 62 NoteNote: Chapter HSS 62 was renumbered Chapter HFS 62 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1996, No. 487; Chapter HFS 62 as it existed on November 30, 2006, was repealed and a new chapter HFS 62 was created, effective December 1, 2006. Chapter HFS 62 was renumbered to chapter DHS 62 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 62.01(1)(1) This chapter is promulgated under the authority of ss. 343.30 (1q) (c) 2. and 343.305 (10) (c) 2., Stats., to establish standards for assessment and driver safety plans for persons who operate a motor vehicle while under the influence of intoxicants or other drugs and who voluntarily, or by court order or by order of the Wisconsin department of transportation undergo an intoxicated driver assessment and complete a driver safety plan. DHS 62.01(2)(2) The intent of this chapter is to engage the intoxicated driving client in assessment, education, and treatment services that address the client’s inclination to drive under the influence and their substance use problems so that the client may regain safe driving capability. DHS 62.01 HistoryHistory: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06. DHS 62.02DHS 62.02 Applicability. This chapter applies to the department, county human service boards, intoxicated driver assessment facilities, driver safety plan providers, and individuals who voluntarily or by order of a court or by order of the Wisconsin department of transportation undergo an intoxicated driver assessment and complete a driver safety plan. DHS 62.02 HistoryHistory: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06. DHS 62.03DHS 62.03 Definitions. In this chapter: DHS 62.03(1)(1) “Alternative education” means the traffic safety instruction provided under s. DHS 75.16 (5) that is designed to meet the goals of a group dynamic traffic safety program or a multiple offender traffic safety program for clients that cannot be accommodated by a group dynamic traffic safety program or a multiple offender traffic program. DHS 62.03(4)(4) “Board” means a county human service board established under s. 46.23, Stats., or a county community programs board established under s. 51.42, Stats. DHS 62.03(5)(5) “Client” means a person who is undergoing an intoxicated driver assessment or who is receiving treatment or education under a driver safety plan. DHS 62.03(8)(8) “Department” means the department of health services. DHS 62.03(9)(9) “Dependency” means the use of alcohol, a controlled substance, controlled substance analog, or other drug, to the extent that it interferes with a user’s physical or mental health or social or economic functioning. DHS 62.03(10)(10) “Designated coordinator” means a person appointed by a board under s. DHS 62.04 (5) who has completed the driver assessment training described under s. DHS 62.05 (3), and who is knowledgeable in the psychopharmacology of substances, addiction and addiction treatment, and sentencing and other procedures relating to violations of s. 343.305 (3), 346.63, 940.09, or 940.25, Stats. DHS 62.03(11)(11) “Driver safety plan” means an individualized plan that specifies recommended treatment, education, other services, or a combination of these, directed toward reducing a client’s inclination to drive under the influence of alcohol, a controlled substance, or controlled substance analog. DHS 62.03(12)(12) “Driver safety plan provider” or “plan provider” means any one of the following: DHS 62.03(12)(a)(a) An approved public treatment facility or an approved private treatment facility certified by the department under ch. DHS 75 to provide substance abuse services or a comparable agency lawfully established for that purpose in another state. DHS 62.03(12)(b)(b) A traffic safety school under ch. Trans 106 or comparable school established as a traffic safety school in another state. DHS 62.03(12)(c)(c) A substance abuse treatment program administered by the federal veterans administration that is accredited by the joint commission on the accreditation of health organizations or another nationally recognized health care accrediting body. DHS 62.03 NoteNote: Section Trans 106.02 (6) defines “group dynamics traffic safety program” as a course that is approved by the department of transportation under s. 345.60, Stats., that encourages students to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle. DHS 62.03 NoteNote: For the purposes and use in this chapter, chemical is interpreted to have the same meaning as substance.
DHS 62.03(15)(15) “Interagency program for the intoxicated driver committee” or “IPID committee” means a collection of agency and organization representatives appointed by a board to guide the development and implementation of the intoxicated driver program. DHS 62.03(16)(16) “Intoxicated driver assessment “ or “assessment” means an examination of a client’s use of alcohol; a controlled substance; or a controlled substance analog by an intoxicated driver assessor. DHS 62.03(17)(17) “Intoxicated driver assessment facility” or “assessment facility” means an approved private treatment facility or an approved public treatment facility that is certified under s. DHS 75.13 as an outpatient treatment service or s. DHS 75.16 as an intervention service and designated under s. DHS 62.04 (1) by a board to conduct intoxicated driver assessments. DHS 62.03(18)(18) “Intoxicated driver assessor” or “assessor” means a person who is employed by or under contract with an assessment facility to conduct intoxicated driver assessments. DHS 62.03(19)(19) “Local traffic safety school coordinator” means an individual appointed by the Wisconsin technical college district to oversee traffic safety school programs. DHS 62.03 NoteNote: Section Trans 106.02 (8) defines “multiple offender traffic safety program” as a course that is approved by the department of transportation under s. 345.60, Stats., that encourages students who have multiple traffic offenses involving chemical use to examine their chemical use habits, discuss their chemical use and their driving behavior and formulate an alternative life style which would improve their ability to safely operate a motor vehicle. DHS 62.03 NoteNote: For the purposes and use in this chapter, chemical is interpreted to have the same meaning as substance.
DHS 62.03(21)(21) “Substance” means alcohol, a psychoactive agent, or chemical that principally affects the central nervous system and alters mood or behavior. DHS 62.03(22)(22) “Substance abuse” means use of alcohol or other drugs individually or in combination in a manner that interferes with functioning. DHS 62.03(23)(23) “Traffic safety school” means all of the following: DHS 62.03(24)(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. DHS 62.03 NoteNote: 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.
DHS 62.03(25)(25) “Wisconsin assessment of the impaired driver” or “WAID” means the tool required for use in conducting intoxicated driver assessments. DHS 62.03 HistoryHistory: 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 62.04DHS 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: DHS 62.04(1)(1) Designate a single intoxicated driver assessment facility that meets the qualifications and standards set forth under s. DHS 62.05. DHS 62.04(2)(2) Designate driver safety plan providers who provide treatment to clients. DHS 62.04(3)(3) Implement written policies, procedures, and guidelines that address all of the following: DHS 62.04(3)(a)(a) Client records. Policies, procedures, and guidelines shall address all of the following: DHS 62.04(3)(a)2.2. 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. DHS 62.04(3)(b)(b) Collaboration with and consultation to the courts, assessment facilities, out-of state assessment agencies, and driver safety plan providers. DHS 62.04(3)(c)(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. DHS 62.04(3)(d)(d) Client rights and appeals of assessments, driver safety plans, and reports of noncompliance.
