DCF 154.01DCF 154.01 Purpose. The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances by persons ordered to participate in the Children First work experience program administered by the department under s. 49.36, Stats., and to refer persons determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment as required by s. 49.162, Stats.

DCF 154.02(1)(1) “Administering agency” has the meaning given in s. 49.162 (1) (a), Stats.

DCF 154.02(2)(2) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing requisite specificity, sensitivity, and quantitative accuracy to positively determine use of a controlled substance.

DCF 154.02(3)(3) “Controlled substance” or “substance” has the meaning given for “controlled substance” in s. 961.01 (4), Stats.

DCF 154.02(4)(4) “Department” means the department of children and families.

DCF 154.02(4m)(4m) “Medical review officer” means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate a person’s positive test result in relation to that person’s medical history and current valid prescriptions.

DCF 154.02(5)(5) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

DCF 154.02(7)(7) “Person” means a parent who is not a custodial parent under s. 767.55 (2) (a), Stats., who has been ordered by the court pursuant to s. 767.55 (2) (am), Stats., to participate in a work experience and job training program under s. 49.36, Stats.

DCF 154.02(8)(8) “Reasonable suspicion” means suspicion of controlled substance abuse by a person based on that person’s score on a screening questionnaire.

DCF 154.02(9)(9) “Screening” means completion of a questionnaire regarding the person’s current and prior use of controlled substances.

DCF 154.02(10)(10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.

DCF 154.02(11)(11) “Treatment” means services that are conducted under clinical supervision to assist a person through the process of recovery from controlled substance abuse and may include screening for abuse of controlled substances, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the patient’s treatment, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

DCF 154.02(12)(12) “Treatment program” means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, or a narcotic treatment service for opiate addiction under s. DHS 75.15.

DCF 154.02(13)(13) “Treatment provider” or “provider” means a provider of treatment for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

DCF 154.02(14)(14) “Work experience program” or “program” means a work experience program for noncustodial parents under s. 49.36, Stats.

DCF 154.02 HistoryHistory: EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16; (6) renum. to (4m) under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.

DCF 154.03DCF 154.03 Information about the requirement for controlled substance abuse screening, testing, and treatment. An administering agency shall provide to any person who has been ordered by a court to register for a work experience program under s. 49.36, Stats., information that explains the requirement to undergo screening, testing, and treatment for abuse of controlled substances. The information shall be in a format approved by the department.

DCF 154.04(1)(1) Who must complete a screening questionnaire. An administering agency shall administer a controlled substance abuse screening questionnaire approved by the department to any person ordered to participate in a work experience program.

DCF 154.04(2)(2) Effect of failing to complete screening questionnaire. The person is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency. A person who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program.

DCF 154.04(3)(3) Effect of successfully passing the screening questionnaire. A person whose score on the screening questionnaire does not establish a reasonable suspicion of abuse of a controlled substance has fully satisfied the requirements of this chapter and may participate in a work experience program subject to this chapter without further screening, testing, or treatment.

DCF 154.05(1)(1) Who may be required to undergo testing. A person whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.

DCF 154.05(2)(2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from a person by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the test and cutoff levels for any confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. Any positive test result on the initial drug test shall be confirmed through a confirmation test using the original specimen collected from the person.