DHS 75.03(83)(83) “Special population” means an identified group, based on demographic or other specific traits, of patients or prospective patients of a service whose needs require special consideration or attention related to admission practices or service delivery. DHS 75.03(84)(84) “Substance” means a psychoactive agent or chemical, including nicotine, which principally affects the central nervous system and alters mood or behavior. DHS 75.03(85)(85) “Substance abuse counselor,” or “counselor,” means any of the following: DHS 75.03(85)(d)(d) An individual who holds a physician, psychologist, clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 448, 455, or 457, Stats., and practices within their scope. DHS 75.03(86)(86) “Substance use,” or “substance abuse,” means the use of any mood-altering substance in a manner that interferes with, or poses a risk of interfering with, an individual’s educational, vocational, health, behavioral, financial, legal, or social functioning. DHS 75.03(87)(87) “Substance use disorder” means a diagnosis of substance use disorder listed in the DSM. DHS 75.03(88)(88) “Substance use treatment” means the delivery of clinical services for the purpose of addressing a substance use disorder as defined in the DSM. DHS 75.03(89)(a)(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. DHS 75.03(89)(b)(b) “Telehealth” may include real-time interactive audio-only communication. DHS 75.03(89)(c)(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission. DHS 75.03(90)(90) “Transfer” means the movement of a patient from one level of care to another, which either takes place at the same location or by physically moving the patient to a different site or service for the new level of care. DHS 75.03(91)(91) “Transitional-age youth” means youth between the ages of 16 to 24 that are establishing skills related to independence, independent living, vocational and educational development, and addressing the life-stage areas of independence, identity-formation, and autonomy. DHS 75.03(93)(93) “Trauma-informed” means an approach that recognizes the contribution of psychologically distressing events to an individual’s presenting symptoms and response to interventions, and the strong correlation between trauma and behavioral health disorders. This approach to care emphasizes environmental and personal safety, and trusting and collaborative provider-patient relationships. DHS 75.03(94)(94) “Treatment” means the planned provision of services that are responsive to a patient’s individual needs to assist the patient through the process of recovery. DHS 75.03(95)(95) “Treatment plan” means identified goals, objectives, and resources agreed upon by the patient and the service to be utilized in facilitation of the patient’s recovery. DHS 75.03(96)(96) “Treatment planning” means the process by which the service and the patient and, whenever possible, the patient’s family, consider the patient’s presenting problems to identify and prioritize problems needing resolution, establish goals, and decide on interventions and resources to be applied. DHS 75.03(98)(98) “Treatment services” means the interventions and resources applied by a service to address the needs and goals identified in a patient’s treatment plan. DHS 75.03(99)(99) “Unlicensed staff” means any mental health professional in training, a substance abuse counselor in training, a qualified treatment trainee, and any clinical staff of a service that are not fully and independently licensed. DHS 75.03(100)(100) “Variance” means the granting of an alternate means of meeting a requirement in this chapter. DHS 75.03(101)(101) “Waiver” means the granting of an exemption from a requirement of this chapter. DHS 75.03(102)(102) “Withdrawal” means the development of a psychological and physical syndrome caused by the abrupt cessation of or reduction in heavy and prolonged substance use. The symptoms include clinically significant distress or impairment in social, occupational, or other important areas of functioning and are not due to a general medical condition or better accounted for by another mental disorder. DHS 75.03(103)(103) “Withdrawal management” means a service, or component of a service, that provides care and interventions to address an individual’s physical or psychosocial needs related to acute intoxication or withdrawal. Withdrawal management includes intoxication monitoring, management of acute symptoms, interruption of habitual and compulsive use, and engagement in ongoing treatment services. DHS 75.03 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (10), (19), (50) (c), (56), (64), (75) (b), (85) (d) made under s. 35.17, Stats., and correction in numbering in (43), (51) (dm) made under s. 13.92 (4) (b) 1., Stats., Register October 2021 No. 790; CR 23-053: cr. (38m), renum. (89) to (89) (a) and am., cr. (89) (b), (c) Register September 2023 No. 813, eff. 10-1-23; correction in (89) (a) made under s. 35.17, Stats., Register September 2023 No. 813. DHS 75.04DHS 75.04 Application requirements. An application for initial certification shall be on a form provided by the department and shall be accompanied by all of the following: DHS 75.04(1)(1) Service policies and procedures required by this chapter. DHS 75.04(3)(3) Additional information needed for certification that is requested by the department. DHS 75.04 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.05(1)(a)(a) Within 60 days after receipt of a complete application, the department shall review the application and either approve or deny the certification. DHS 75.05(1)(b)(b) A certification issued by the department shall be only for persons named in the application. A certification may not be transferred or assigned without following the change of ownership provisions in s. DHS 75.07. DHS 75.05(1)(c)(c) A certification is valid until suspended or revoked by the department, except for opioid treatment programs. DHS 75.05(2)(2) Certification denial. The department shall deny a certification to any applicant who does not substantially comply with any provision of this chapter, or who is not fit and qualified as specified in s. DHS 75.30, or who has failed to pay any fee or any outstanding amounts due to the department. The department shall provide the reasons for denial and the process for appeal of the denial in a written notice to the applicant. DHS 75.05(3)(3) Certification suspension or revocation. The department may suspend or revoke certification for any of the reasons and under the conditions specified under ss. 51.032 and 51.45 (8) (a), Stats., or for failure to comply with this chapter. The department shall provide the reasons for suspension or revocation and the process for appeal of the suspension or revocation in a written notice to the applicant. DHS 75.05 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2021 No. 790. DHS 75.06(1)(1) Every 24 months, on a date determined by the department, the service shall submit the biennial forms provided by the department, and shall submit payment of the certification continuation fees under ss. 51.04 and 51.45 (8) (a), Stats., except for opioid treatment programs under s. DHS 75.59. DHS 75.06(2)(2) For opioid treatment programs, the service shall submit required reports in accordance with s. 51.4223, Stats. DHS 75.06 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.07(1)(1) Change of ownership. A change of ownership of a service occurs when the service does any of the following: DHS 75.07(1)(a)(a) Removes, adds, or substitutes an individual as a partner in the association, dissolving the existing partnership and creating a new partnership. DHS 75.07(1)(b)(b) Removes, adds, or substitutes any member in a limited liability company. DHS 75.07(1)(c)(c) Makes a change in a corporate structure under which the same corporation no longer continues to be responsible for making operational decisions or for the consequences of those decisions. DHS 75.07(2)(a)(a) The transferor shall notify the department within 30 days before the change of ownership of a service and shall include the name and contact information of the transferee. DHS 75.07(2)(b)(b) The transferor remains responsible for the operation of the service until the department issues certification to the transferee, unless the service voluntarily closes and relocates all clients. DHS 75.07(2)(c)(c) The transferor shall disclose to the transferee any existing department waiver, variance, or outstanding deficiencies. The transferee shall apply for continuation of any existing waivers or variances, if necessary. DHS 75.07(2)(d)(d) The transferor shall follow the requirements for transferring financial responsibility under ch. 51, Stats. DHS 75.07(2)(e)(e) The transferor shall notify a clients or client’s legal representative no less than 7 days in advance of the transfer of ownership. DHS 75.07(3)(3) Duties of the transferee. When there is a change of ownership, the transferee shall notify the department of the transfer, and shall submit a complete application as required under s. DHS 75.04 at least 30 days prior to the final transfer date. DHS 75.07 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.08(1)(1) Any service that intends to close shall provide written notice to each client by mail or electronic mail to the client’s last known address, to each client’s legal representative, if applicable, and the department at least 30 days before closing. The notice shall include the client’s right to obtain treatment records as prescribed in s. DHS 92.05 and ch. DHS 94. DHS 75.08(2)(2) The service shall provide assistance to clients for continuity of necessary services, including written notice of alternate service providers. DHS 75.08 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.09DHS 75.09 Ongoing compliance and enforcement actions. DHS 75.09(1)(a)(a) The department may make announced and unannounced inspections of a certified service to verify compliance with this chapter, to investigate complaints received regarding the services provided, or as part of an investigation into the cause of death of a client. DHS 75.09(1)(b)(b) To ensure compliance with this chapter and other applicable statutes and regulations, the department shall have access to all service documents, open and closed client records, and staff member files at any time. DHS 75.09(2)(a)(a) Statement of deficiency. Upon determining that the service is in violation of any requirement of this chapter, the department shall promptly serve a statement of deficiency to the governing authority or entity owner or designated representative of the service. DHS 75.09(2)(b)1.1. Within 10 business days of receipt of the statement of deficiency, the service shall submit a plan of correction to the department for approval, detailing how the service will correct the violation or how the service has corrected the violation. The department may require that a plan of correction be submitted for approval within a shorter specified time for violations the department determines may be harmful to the health, safety, welfare, or rights of clients. DHS 75.09(2)(b)2.2. The department may require the service to modify the proposed plan of correction before the department approves the plan of correction. DHS 75.09(2)(b)3.3. Failure to submit an approved plan of correction shall be grounds for denial, suspension, or revocation of the certification. DHS 75.09(3)(a)(a) If the department denies, revokes, suspends, or refuses to renew certification, the service may request an administrative hearing under ch. 227, Stats. DHS 75.09(3)(b)(b) A request for a hearing shall be received in writing to the department of administration’s division of hearings and appeals within 10 days after the date of the notice of the department’s action under s. DHS 75.05. DHS 75.09(3)(c)(c) If a timely request for hearing is made, the department’s decision to revoke, suspend, or refuse to renew certification is stayed pending the outcome of the appeal, unless the department finds that the health, safety or welfare of patients requires that the action take effect immediately. A finding of a requirement for immediate action shall be made in writing by the department. DHS 75.09 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22. DHS 75.10DHS 75.10 Investigation, notification, and reporting requirements. DHS 75.10(1)(a)(a) Patient death related to physical restraint, psychotropic medication, or suicide. No later than 24 hours after a service becomes aware of the death of a patient, the service shall report the death to the department if there is reasonable cause to believe the death was related to the use of a physical restraint or psychotropic medication, or was a suicide. DHS 75.10(1)(b)(b) Patient death related to an accident or injury. When a patient dies as a result of an incident or accident at the service location not related to the use of a physical restraint, psychotropic medication, or suicide, the service shall send a report to the department within 3 working days of the patient’s death. DHS 75.10(2)(2) Investigating and reporting abuse, neglect, or misappropriation of property. DHS 75.10(2)(a)1.1. When a service receives a report of an allegation of abuse or neglect of a client, or misappropriation of property at the service location, the service shall take immediate steps to ensure the safety of all clients.
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