DCF 105.02(5)(5) “Individual” means a person who has applied to participate in a work experience program or a person who has been determined eligible for the program and is participating in program activities or awaiting assignment to program activities.

DCF 105.02(6)(6) “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 an individual’s positive test result in relation to the individual’s medical history and current, valid prescriptions.

DCF 105.02(7)(7) “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 105.02(8)(8) “Reasonable suspicion” means suspicion of controlled substance abuse by an individual based on that individual’s score on a screening questionnaire.

DCF 105.02(9)(9) “Screening” means completion of a questionnaire regarding the individual’s current and prior use of controlled substances.

DCF 105.02(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 105.02(11)(11) “Treatment” means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, 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 services, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

DCF 105.02(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 105.02(13)(13) “Treatment provider” or “provider” means a provider of treatment services for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

DCF 105.02(14)(14) “Work experience program” or “program” in this chapter means a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b), Stats.; the Transform Milwaukee Jobs program under s. 49.163, Stats.; or the Transitional Jobs program under s. 49.163, Stats.

DCF 105.02 HistoryHistory: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in numbering of (6), (7), (14) made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

DCF 105.03DCF 105.03 Information about the requirement for controlled substance abuse screening, testing, and treatment. An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or requests to apply to a work experience program to explain the requirement for participants in certain work experience programs to undergo screening, testing, and treatment for abuse of controlled substances.

DCF 105.04(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 applicant for a work experience program.

DCF 105.04(2)(2) Effect of failing to complete screening questionnaire. The applicant is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency for his or her application for a work experience program to be complete. An applicant who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall deny the application. An individual denied eligibility for a work experience program for failure to complete a screening questionnaire may reapply at any time the individual submits a complete application, including a completed screening questionnaire.

DCF 105.04(3)(3) Effect of successfully passing the screening questionnaire. An individual 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 105.05(1)(1) Who may be required to undergo drug testing. An individual 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 105.05(2)(2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from an individual 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 initial test and cutoff levels for a 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. A positive test result on the initial test shall be confirmed through a confirmation test from the original specimen collected from the individual.

DCF 105.05(3)(3) Contract for testing services. Subject to the department’s approval, the administering agency may contract with a qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.

DCF 105.05 NoteNote: The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.

DCF 105.05 Note For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html. To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: DHSDQACLIA@dhs.wisconsin.gov

DCF 105.05(4)(4) Refusal to submit to a test. An individual refuses to submit to a test if the individual does any of the following:

DCF 105.05(4)(c)(c) Fails or refuses to complete a form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the department or administering agency.