DOC 330.04(4) (4) The department shall conduct a pharmacological treatment hearing if the department determines that pharmacological treatment should be required and the serious child sex offender does not waive the pharmacological treatment hearing and all of the conditions in sub. (3) are satisfied.

DOC 330.04 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.05 DOC 330.05 Clinical and medical evaluation.

DOC 330.05(1) (1) A licensed physician designated by the department shall conduct the clinical and medical evaluation.

DOC 330.05(2) (2) The designated physician shall do the following:

DOC 330.05(2)(a) (a) Obtain a psychiatric history and administer appropriate diagnostic instruments.

DOC 330.05(2)(b) (b) Make a determination as to the presence of pedophilia and any other diagnosis for which the treatment may include pharmacological treatment. This clinical determination shall be in the form of a written report.

DOC 330.05(2)(c) (c) Obtain the medical history, conduct a physical examination and conduct and interpret appropriate laboratory tests to determine whether the offender is a proper medical subject.

DOC 330.05(2)(d) (d) Provide the offender with sufficient information for the offender to understand the risks and benefits of pharmacological treatment.

DOC 330.05(2)(e) (e) Provide the department with a copy of the offender’s medical records on an ongoing basis throughout the course of treatment. Such records shall include documentation and verification of the offender’s compliance with pharmacological treatment.

DOC 330.05(2)(f) (f) Apply principles and techniques of medical science in determining that an offender is a proper medical subject for pharmacological treatment at regularly established times throughout the course of treatment.

DOC 330.05(2)(g) (g) Monitor the pharmacological treatment on an ongoing basis as follows:

DOC 330.05(2)(g)1. 1. Obtain appropriate laboratory tests, including testosterone levels.

DOC 330.05(2)(g)2. 2. Obtain updated medical history.

DOC 330.05(2)(g)3. 3. Conduct physical examinations as needed.

DOC 330.05 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.06 DOC 330.06 Notice of pharmacological treatment hearing.

DOC 330.06(1) (1) The serious child sex offender shall receive written notice of the pharmacological treatment hearing. The notice shall be given at least 72 hours before the hearing.

DOC 330.06(2) (2) The notice shall include all of the following:

DOC 330.06(2)(a) (a) A statement that a rule requiring compliance with pharmacological treatment has been recommended by the department.

DOC 330.06(2)(b) (b) The date, time and manner of the hearing.

DOC 330.06(2)(c) (c) The right of the offender to be present at the hearing.

DOC 330.06(2)(d) (d) The right of the offender to be represented by an advocate.

DOC 330.06(2)(e) (e) The right of the offender to be heard and to present evidence and relevant witnesses.

DOC 330.06(2)(f) (f) The right to cross-examine department witnesses.

DOC 330.06(2)(g) (g) The right to a written decision within 10 working days of the hearing, including the reasons for the decision.

DOC 330.06(2)(h) (h) The right to appeal the decision to the division administrator within 10 working days of the decision.

DOC 330.06 History History: Cr. Register July, 1999, No. 523, eff. 8-1-99.

DOC 330.07 DOC 330.07 Pharmacological treatment hearing. The department shall hold a pharmacological treatment hearing unless waived by the serious child sex offender. A hearing examiner shall do all of the following: