Chapter DHS 92

DHS 92.05(5)(g) (g) If the request is denied, the denial shall be made in writing and shall include notice to the person that he or she has a right to insert a statement in the record disputing the accuracy or completeness of the challenged information included in the record.

DHS 92.05(5)(h) (h) Statements in a treatment record which render a diagnosis are deemed to be judgments based on professional expertise and are not open to challenge.

DHS 92.05 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.06 DHS 92.06 Minors and incompetents.

DHS 92.06(1) (1) Obtaining informed consent for release of information from the treatment records of minors, including developmentally disabled minors, and of incompetents and granting access by the parent or guardian and by the minor to treatment records shall be in accordance with s. 51.30 (5), Stats., and this section.

DHS 92.06(2) (2) Information may be released from the alcohol or drug abuse treatment records of a minor only with the consent of both the minor and the minor’s parent, guardian or person in the place of a parent, except that outpatient or detoxification services information, with the qualifications about these services indicated in s. 51.47 (2), Stats., shall be disclosed only with the consent of the minor provided that the minor is 12 years of age or older.

DHS 92.06 Note Note: Section 42 CFR 2.14 (b) provides that when a minor under state law can obtain treatment for alcohol abuse or drug abuse without the parent or guardian’s approval, as under s. 51.47, Stats., only the minor’s consent is required for disclosure of information from records of that treatment.

DHS 92.06(3) (3) A developmentally disabled minor aged 14 or older shall be notified of the right to file a written objection to access to treatment records by his or her parent, guardian or person in place of parent and that notice shall be documented in the treatment record.

DHS 92.06(4) (4) All sections of this chapter that are applicable to adults shall apply to any access to treatment records and disclosure of information from treatment records when the patient ceases to be a minor.

DHS 92.06 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.07 DHS 92.07 Privileged communications. Communications between a physician or psychologist and patient or between an attorney and a client shall be privileged.

DHS 92.07 Note Note: Federal regulations regarding alcohol and drug dependence treatment records do not recognize the statutory exceptions to the physician and psychologist privilege in s. 905.04, Stats., or the attorney privilege in s. 905.03, Stats., but require either informed consent or a court order under 42 CFR 2.61 to 2.67 for disclosure of confidential information.

DHS 92.07 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.08 DHS 92.08 Criminal commitments. Treatment records of persons committed under chs. 971 and 975, Stats., are covered by s. 51.30, Stats., and this chapter. Treatment records of persons sentenced to correctional facilities under criminal statutes and not receiving services from a board or a state mental health institute are not covered.

DHS 92.08 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.09 DHS 92.09 Grievance procedure. Any failure to comply with provisions of s. 51.30, Stats., or this chapter may be processed as a grievance under s. 51.61 (5), Stats., as provided in s. 51.30 (8), Stats.

DHS 92.09 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.10 DHS 92.10 Discipline of employees. Employees of the department, board, or public treatment facilities who violate requirements under s. 51.30, Stats., or this chapter may be disciplined in accordance with s. 51.30 (11), Stats.

DHS 92.10 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.11 DHS 92.11 Employee orientation. Directors and program directors shall ensure that persons whose regular duties include requesting, distributing, or granting access to treatment records are aware of their responsibility to maintain the confidentiality of information protected by this chapter and of the criminal and civil liabilities for violations of s. 51.30, Stats.

DHS 92.11 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.12 DHS 92.12 Retention periods.

DHS 92.12(1) (1) Treatment records shall be retained for at least 7 years after treatment has been completed, unless under this section they are to be retained for a longer period of time.

DHS 92.12(2) (2) In the case of a minor, records shall be retained until the person becomes 19 years of age or until 7 years after treatment has been completed, whichever is longer.

DHS 92.12(3) (3) Any record undergoing federal or state audit shall be maintained until completion of the audit.

DHS 92.12(4) (4) Records relating to legal actions shall be maintained until completion of the legal action.

DHS 92.12(5) (5) Records relating to billing or collections shall be maintained for periods of time specified in s. DHS 1.06.

DHS 92.12 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 92.13 DHS 92.13 Certification of compliance. Each board shall include a clause in every purchase of service contract which states that the service provider agrees to abide by the requirements of this chapter.

DHS 92.13 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.