Chapter DHS 75

DHS 75.14(6)(b)5. 5. ‘Problem identification and stand-alone referral.’ The prevention service shall implement methods to identify individuals who have demonstrated at-risk behavior, such as illegal or age-inappropriate use of tobacco or alcohol, or first use of illicit drugs, and determine if the individual’s behavior can be reversed through education. This strategy does not include activities designed to determine if a person is in need of treatment. Examples of activities that may be conducted and methods used in carrying out this strategy include the following:

DHS 75.14(6)(b)5.a. a. Employee assistance programs.

DHS 75.14(6)(b)5.b. b. Student assistance programs.

DHS 75.14(6)(b)5.c. c. Educational programs for individuals charged with driving while under the influence or driving while intoxicated.

DHS 75.14(6)(b)6. 6. ‘Environmental.’ The prevention service shall establish community standards, codes, and attitudes, aimed at reducing the prevalence of at-risk behavior among the general population. Examples of methods that may be used in carrying out this strategy include the following:

DHS 75.14(6)(b)6.a. a. Promoting the establishment and review of policies for schools, government, and civic groups related to the use of alcohol, tobacco, and drugs.

DHS 75.14(6)(b)6.b. b. Providing technical assistance to communities to maximize local enforcement procedures governing availability and distribution of alcohol, tobacco, and other drugs.

DHS 75.14(6)(b)6.c. c. Reduce youth alcohol, tobacco, and drug exposure by modifying alcohol and tobacco advertising practices.

DHS 75.14(6)(b)6.d. d. Supporting local enforcement procedures to limit violent behavior.

DHS 75.14(6)(b)6.e. e. Establishing policies that create opportunities for youth to become involved in their communities.

DHS 75.14(6)(b)7. 7. ‘Community-based process.’ The prevention service shall implement processes that enhance the ability of the community to more effectively provide prevention services for behaviors that lead to substance use. Activities under this strategy include organizing, planning, enhancing the efficiency and effectiveness of services implementation, interagency collaboration, coalition building and networking. Examples of activities that may be conducted and methods used in carrying out this strategy include the following:

DHS 75.14(6)(b)7.a. a. Community and volunteer training, such as neighborhood action training and training of key people in the system.

DHS 75.14(6)(b)7.b. b. Systematic planning in the above prevention strategy areas.

DHS 75.14(6)(b)7.c. c. Multi-agency coordination and collaboration.

DHS 75.14(6)(b)7.d. d. Facilitating access to services and funding.

DHS 75.14(6)(b)7.e. e. Active participation in a community prevention coalition.

DHS 75.14(6)(c) (c) Goals and objectives. A prevention service shall have written operational goals and objectives that specify the strategies by which they will be achieved and the target population served.

DHS 75.14(6)(d) (d) Documentation of coordination. A prevention service shall provide written documentation of coordination with other human service agencies, organizations or services that share similar goals.

DHS 75.14(6)(e) (e) Records. A prevention service shall maintain records on the number of individuals served by implementation of each prevention strategy and retain records necessary for meeting certification and funding requirements.

DHS 75.14(7) (7) Prevention service evaluation.

DHS 75.14(7)(a) (a) Prevention evaluation outcomes. A prevention service shall have an evaluation process that measures the outcomes of the services provided.

DHS 75.14(7)(b) (b) Prevention evaluation by consumers. A prevention service shall evaluate the views of consumers about the services they are provided and shall adjust goals and objectives accordingly.

DHS 75.14(7)(c) (c) Prevention service written policy. A prevention service shall have a written policy and a defined process to provide individuals with the opportunity to express opinions regarding ongoing services, staff, and the methods by which individual prevention activities are offered.

DHS 75.14 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (a) 3. b., (d) made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.15 DHS 75.15 Intervention service and intoxicated driver services.

DHS 75.15(1) (1) Service description for an intervention service. Intervention services are delivered in a wide variety of settings and are designed to explore and address risk factors that appear to be related to substance use, to assist the individual in recognizing the consequences of harmful substance use, and to provide information for individuals to make behavioral changes. Intervention services may include screening, brief intervention and referral, psychoeducational services, pre-treatment intervention groups, case management, health education, outreach and in-reach programs, problem identification, information dissemination, alternative education, intoxicated driver assessments, and support services provided to reduce the effects of substance-related concerns by identifying and engaging the individual to change behavior or to participate in treatment or other wellness services.

DHS 75.15(2) (2) Applicability. This section shall apply to any of the following:

DHS 75.15(2)(a) (a) Intervention services, as required by contract with the department.

DHS 75.15(2)(b) (b) Intoxicated driver services.

DHS 75.15(2)(c) (c) An intervention service that requests certification.

DHS 75.15(3) (3) Service description for intoxicated driver services. Intoxicated driver intervention services are specific services within the Intoxicated Driver Program under ch. DHS 62, utilized to reduce risk of reoccurrence of impaired driving. These services include intoxicated driver assessments, driver safety planning and monitoring, and alternative education services.

DHS 75.15(4) (4) Definitions. In this section:

DHS 75.15(4)(a) (a) “Alternative education” means a course of traffic safety instruction 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 multiple offender traffic safety program.

DHS 75.15(4)(b) (b) “Intervention service” means a service provided to an individual who, at the time of screening and assessment, does not appear to meet the criteria for a diagnosis of substance use disorder or for referral to treatment services but is at risk of developing problems related to substance use.

DHS 75.15(5) (5) General requirements for intervention services and intoxicated driver services.

DHS 75.15(5)(a) (a) Governing authority or entity owner. The governing authority or entity owner of a service shall do all of the following:

DHS 75.15(5)(a)1. 1. Designate a member or representative of the governing body that is legally responsible for the operation of a service that has the authority to conduct the policy, actions, and affairs of the service, to complete the entity owner background check and to be the entity owner responsible for a service.

DHS 75.15(5)(a)2. 2. Appoint a service director whose qualifications, authority, and duties are defined in writing.

DHS 75.15(5)(a)3. 3. Establish written policies and procedures for the operation of the service and exercise general direction over the service. Policies and procedures must be written to insure all of the following:

DHS 75.15(5)(a)3.a. a. Compliance with local, state, and federal laws.

DHS 75.15(5)(a)3.b. b. That no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, disability, or age, in accordance with 45 CFR part 92 and Title VI of the Civil Rights Act of 1964, as amended, 42 USC 2000d, Title XI of the Education Amendments of 1972, 20 USC 1681-1686 and s. 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794, and the Americans with Disabilities Act of 1990, as amended, 42 USC 12101-12213.

DHS 75.15(5)(b) (b) Caregiver background check. At the time of hire, employment, or contract, and every 4 years after, the service shall conduct and document a caregiver background check following the procedures in s. 50.065, Stats., and ch. DHS 12. A service shall not employ or contract the service if the person has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065, Stats., and ch. DHS 12, Appendix A, unless the person has been approved under the department’s rehabilitation process, as defined in ch. DHS 12.

DHS 75.15(5)(c) (c) Personnel records. Employee records shall be available upon request at the service for review by the department. A separate record for each employee shall be maintained, kept current, and at a minimum, include:

DHS 75.15(5)(c)1. 1. A written job description including duties, responsibilities and qualifications required for the employee.

DHS 75.15(5)(c)2. 2. Beginning date of employment.

DHS 75.15(5)(c)3. 3. Qualifications based on education or experience.

DHS 75.15(5)(c)4. 4. A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.

DHS 75.15(5)(c)5. 5. A copy of a signed statement regarding confidentiality of client information.

DHS 75.15(5)(c)6. 6. Documentation of any required training.

DHS 75.15(5)(c)7. 7. A copy of any required licenses or certifications.

DHS 75.15(5)(d) (d) Confidentiality. A service shall have written policies, procedures and staff training to ensure compliance with confidentiality provisions of 42 CFR part 2, 45 CFR parts 164 and 170, and s. 51.30, Stats., and ch. DHS 92. Each staff member shall sign a statement acknowledging his or her responsibility to maintain confidentiality of personal information about persons served.

DHS 75.15(5)(e) (e) Policies, procedures, and service description. A service shall develop written policies, procedures, and service descriptions for each intervention service to be provided.

DHS 75.15(5)(f) (f) Submissions to department. The service shall submit each service description, along with written policies and procedures, to the department with the initial certification application, and submit any updates to the department when needed.

DHS 75.15(5)(g) (g) Staff knowledge and training. Service staff shall have knowledge, training, and experience in the service which they are responsible for providing, including substance use intervention, screening, and referral.

DHS 75.15(5)(h) (h) Referral. The service shall develop and maintain a written record of certified substance use treatment resources for referral, and shall refer clients as indicated for further assessment and treatment services.

DHS 75.15(5)(i) (i) Evaluation. The service shall have an evaluation plan that includes goals of the service, measurable outcomes and objectives related to the service goals, and an annual report of progress related to goals and objectives that is available to the department and the public.

DHS 75.15(6) (6) Location of service delivery. An intervention service, other than an intoxicated driver service designated under s. DHS 62.04, may be provided in a variety of settings, such as clinical offices, schools, workplaces, community centers, or an individual’s home, with the length of service varying according to the type of activity and needs of the individual. An intervention service that provides services in community settings shall ensure the following:

DHS 75.15(6)(a) (a) All requirements of this chapter are able to be met in the setting.

DHS 75.15(6)(b) (b) The service shall have written policies and procedures concerning community-based service delivery.

DHS 75.15(6)(c) (c) The service shall provide annual training for all staff that deliver services in the community regarding in-home and community safety, and avoiding sexual or other exploitative relationships with clients. A record of each training shall be available to the department upon request.

DHS 75.15(7) (7) Case records for persons receiving intervention services.

DHS 75.15(7)(a) (a) A service shall keep a case record for every person receiving intervention services, except where the only contact is made by telephone.

DHS 75.15(7)(b) (b) A case record prepared under this subsection shall include all of the following information:

DHS 75.15(7)(b)1. 1. The individual’s name, address, phone contact information, date of birth, and relevant demographic information.

DHS 75.15(7)(b)2. 2. The individual’s admission date.

DHS 75.15(7)(b)3. 3. Substance use information about the individual and the reason for referral.

DHS 75.15(7)(b)4. 4. The results of any screening completed.

DHS 75.15(7)(b)5. 5. A sufficient assessment of the individual’s dimensional risk and severity of need to determine preliminary level of care.

DHS 75.15(7)(b)6. 6. Service recommendations, referrals, and follow-up services and activities completed for the individual.

DHS 75.15(7)(b)7. 7. Documentation of each contact the service has with the client or a collateral source.

DHS 75.15(8) (8) Additional requirements for intoxicated driver services.

DHS 75.15(8)(a) (a) If an intervention service is designated by a county human service board under s. DHS 62.04 as an intoxicated driver assessment facility, the intervention service shall also comply with the requirements under ch. DHS 62.

DHS 75.15(8)(b) (b) A public or private treatment facility designated by a county as the intoxicated driver program assessment service shall be certified under this section prior to conducting intoxicated driver program assessments.

DHS 75.15(8)(c) (c) In addition to sub. (7) (b), a case record for an intoxicated driver assessment service shall include a copy of the department-approved intoxicated driver assessment tools, the driver safety plan, progress reports, and verification of service completion or evidence of noncompliance.

DHS 75.15(9) (9) Alternative education programs for intoxicated drivers.

DHS 75.15(9)(a) (a) General.

DHS 75.15(9)(a)1. 1. Alternative education programs shall be modeled after group dynamic traffic safety and multiple offender traffic safety program. An alternative education program shall be conducted in a constructive, interactive, and trusting atmosphere and that include all of the following as part of its curriculum:

DHS 75.15(9)(a)1.a. a. Review and discussion of operating while intoxicated laws and penalties.

DHS 75.15(9)(a)1.b. b. Discussion of the central causes and consequences of operating while intoxicated.

DHS 75.15(9)(a)1.c. c. Discussion of the effects of alcohol and substances on the mind, body, and driving ability.

DHS 75.15(9)(a)1.d. d. Discussion of the psycho-social factors involved in substance use.

DHS 75.15(9)(a)1.e. e. Education about blood alcohol concentration.

DHS 75.15(9)(a)1.f. f. Education about substance use and substance use disorders, and where participants are in regards to severity of substance use.

DHS 75.15(9)(a)1.g. g. Education about, and assistance in developing and following a personal change plan.

DHS 75.15(9)(a)2. 2. In addition to the content and objectives under subd. 1., programs in lieu of a multiple offender traffic safety program shall involve concerned others, such as a spouse, parent, adult relative, or other appropriate person approved by the instructor, and shall provide education on basic skills in the areas of stress-reduction, substance use refusal, interpersonal communication, and anger management.

DHS 75.15(9)(a)3. 3. Classroom instruction time for programs that are in lieu of group dynamic traffic safety programs shall be a minimum of 16 hours.

DHS 75.15(9)(a)4. 4. Classroom instruction time for programs that are in lieu of multiple offender traffic safety programs shall be a minimum of 24 hours, including a group-oriented follow-up session. The group-oriented follow-up session shall be held within 3 months after completion of the initial 23 hours of the program. If a participant’s residence is 60 miles or more from the site of the group-oriented follow-up session, the follow-up session may be conducted by telephone with the participant and a concerned other, such as a spouse, parent, adult relative, or other appropriate person.

DHS 75.15(9)(a)5. 5. Classroom instruction time may not exceed 8 hours per day.

DHS 75.15(9)(a)6. 6. A report of course completion or non-completion shall be submitted to the intoxicated driver assessment facility designated under s. DHS 62.04 (1) for each client assessed by that facility.