Wisconsin Administrative Code

DHS 34.25 Client rights.

DHS 34.26 Client satisfaction. anxiety for the individual, persons providing care for the individual or the public which cannot be resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual. (6) “Cri…

DHS 35.01 Authority and purpose. This chapter is promulgated under the authority of ss. 49.45 (2) (a) 11., 51.04, 51.42 (7) (b) 11., and 227.11 (2) (a), Stats., to establish minimum standards for certification of outpatient mental health clinics that receive reimbursement for out…

DHS 35.02 Applicability. (1) This chapter applies to public and private outpatient mental health clinics that request reimbursement for services from the Wisconsin medical assistance and BadgerCare Plus programs and from private insurance required under s. 632.89 (2), Stats., or …

DHS 35.03 Definitions. (1) “Advanced practice nurse” has the meaning given in s. N 8.02 (1). (1g) “Advanced practice nurse prescriber” means an advanced practice nurse certified to issue prescription orders under s. 441.16 (2), Stats. (1m) “Approved placement criteria” means crit…

DHS 35.06 Effect of certification. (1) PUBLIC FUNDUnless certified under this chapter, an outpatient mental health clinic is not eligible to receive funding from the Wisconsin medical assistance or BadgerCare Plus programs under ss. 49.45 and 49.471, Stats., federal community men…

DHS 35.07 Location of service delivery. (1) A clinic may provide outpatient mental health services at one or more offices. If a clinic provides outpatient mental health services at more than one office, all of the following apply: (a) The clinic shall designate one office as its …

DHS 35.08 Certification process. (1) INITIAL APPLIApplication to the department for initial outpatient mental health clinic certification shall be made to the department on a form provided by the department and shall include applicable fees, proof of malpractice and liability ins…

DHS 35.09 Notification of clinic changes. The clinic shall notify the department of any changes in administration, ownership or control, office location, clinic name, or program, and any change in the clinic’s policies or practices that may affect clinic compliance by no later th…

DHS 35.10 Scope and transferability of certification. Certification is issued only for the offices identified in the application for initial certification and only for the individual or individuals, corporations or other legal entities named in the application for initial certifi…

DHS 35.11 Enforcement actions. (1) UNANNOUNCED VISITS. The department may make unannounced on-site inspections of any office of a clinic at any time to conduct complaint or death investigations involving the clinic, its staff members, or outpatient mental health services provided…

DHS 35.12 Waivers and variances. (1) A clinic may apply to the department for a waiver or a variance at any time. Each request shall be made in writing to the department and shall include all of the following: (a) Identification of the rule provision from which the waiver or vari…

DHS 35.123 Staffing requirements for clinics.

DHS 35.127 Persons who may provide psychotherapy services through an outpatient mental health clinic. Subchapter I — General Provisions

DHS 35.13 Personnel policies. The clinic shall have and implement written personnel policies and procedures that ensure all of the following: the chapter was last published. DHS 35.13 WISCONSIN ADMINISTRATIVE CODE (1) Each staff member who provides psychotherapy or who prescribes…

DHS 35.14 Clinical supervision and clinical collaboration. (1) (a) The clinic administrator shall have responsibility for administrative oversight of the job performance and actions of each staff member and require each staff member to adhere to all laws and regulations governing…

DHS 35.16 Admission. (1) The clinic shall establish written selection criteria for use when screening a consumer for possible admission. The criteria may include any of the following limitations as applicable: (a) Sources from which referrals may be accepted by the clinic. (b) Re…

DHS 35.165 Emergency services. DHS 35.17 Assessment. DHS 35.18 Consent for outpatient mental health services. DHS 35.19 Treatment plan. DHS 35.20 Medication management. DHS 35.21 Treatment approaches and services.

DHS 35.17 Assessment. (1) (a) A mental health professional, shall complete an initial assessment of a consumer before a second meeting with a staff member. The information collected during the initial assessment shall be sufficient to identify the consumer’s need for outpatient m…

DHS 35.18 Consent for outpatient mental health services. (1) If a clinic determines that a consumer is appropriate for receiving outpatient mental health services through the clinic, the clinic shall inform the consumer or the consumer’s legal representative of the results of the…

DHS 35.19 Treatment plan. (1) DEVELOPMENT OF THE TREATMENT PLAN. (a) A licensed treatment professional, mental health practitioner, or recognized psychotherapy practitioner, shall develop an initial treatment plan upon completion of the comprehensive assessment required under s. …

DHS 35.20 Medication management. (1) A clinic may choose whether to provide medication management as part of its services. (2) Consumers receiving only medication management from a clinic shall be referred by the clinic’s prescriber for psychotherapy when appropriate to the consu…

DHS 35.21 Treatment approaches and services. (1) The clinic shall have and implement a written policy that identifies the selection of treatment approaches and the role of clinical supervision and clinical collaboration in treatment approaches. The treatment approaches shall be b…

DHS 35.215 Group therapy. DHS 35.22 Discharge summary. DHS 35.23 Consumer file. DHS 35.24 Consumer rights. DHS 35.25 Death reporting. of care and treatment services and the legislative reference bureau, and may be obtained from ASAM at 11400 Rockville Pike, Suite 200, Rockville, …

DHS 35.22 Discharge summary. (1) Within 30 days after a consumer’s date of discharge, the licensed treatment professional, mental health practitioner, or recognized psychotherapy practitioner who was primarily responsible for providing outpatient mental health services for the co…

DHS 35.23 Consumer file. (1) RECORDS REQUIRED. (a) The clinic shall maintain a consumer file for each consumer who receives outpatient mental health services. Each consumer file shall be arranged in a format that provides for consistent recordkeeping that facilitates accurate and…

DHS 35.24 Consumer rights. (1) A clinic shall implement written polices and procedures that are consistent with s. 51.61, Stats., and ch. DHS 94 to protect the rights of consumers. (2) If a staff member no longer is employed by or contracts with the outpatient mental health clini…

DHS 35.25 Death reporting. The clinic shall report the death of a consumer to the department if required under s. 51.64 (2), Stats. the chapter was last published.

DHS 36.01 Authority and purpose. This chapter is promulgated under the authority of ss. 49.45 (30e) (b) and 51.42 (7) (b), Stats., to establish the scope of psychosocial service programs, standards for certification and criteria for determining the need for psychosocial rehabilit…

DHS 36.02 Applicability. (1) This chapter applies to the department and to county departments and tribes that apply for certification or are certified to provide comprehensive community services under ss. 49.45 (30e) and 51.42 (7) (b), Stats. (2) Programs operating under this cha…

DHS 36.03 Definitions. In this chapter: (1) “Adult” means an individual 18 years of age or older. (2) “Assessment” means the process used to identify the strengths, needs and desired outcomes of a consumer and to evaluate progress toward desired outcomes. (3) “Certification” mean…

DHS 36.04 Certification requirements. (1) APPLICATION. (a) A county department or tribe seeking to operate a certified comprehensive community services program shall apply to the department for certification on an application form provided by the department. Note: An application …

DHS 36.05 Certification process. (1) In this section: (a) “Deficiency” means the failure to meet a requirement of this chapter. (b) “Major deficiency” means a determination by the depart- the chapter was last published. 3 DEPARTMENT OF HEALTH SERVICES ment that an aspect of the C…

DHS 36.06 Enforcement actions. (1) REVOCATION AND SUSPENSION. The department may revoke or suspend certification at any time upon written notice to the CCS. The notice shall state the reason for the action and inform the CCS of the opportunity for a hearing under sub. (3). (2) IN…

DHS 36.065 Waivers and variances. Subchapter V — Consumer Services DHS 36.13 Consumer application. DHS 36.14 Criteria for determining the need for psychosocial rehabilitation services. DHS 36.15 Authorization of services. DHS 36.16 Assessment process. DHS 36.17 Service planning a…

DHS 36.07 Comprehensive community services plan. Each CCS program shall have a written plan that shall include all of the following: (1) A description of the organizational structure. The description shall include all of the following: (a) Responsibilities of the staff members as…

DHS 36.08 Quality improvement. (1) The CCS shall develop and implement a quality improvement plan to assess consumer satisfaction and progress toward desired outcomes identified through the assessment process. (2) (a) The plan shall include procedures for protecting the confident…

DHS 36.09 CCS coordination committee. (1) (a) The CCS shall appoint a coordination committee that includes representatives from various county or tribal departments, including individuals who are responsible for mental health and substance abuse services, service providers, commu…

DHS 36.10 Personnel policies. (1) DEFINITIONS. In this section, “supervised clinical experience” means a minimum of one hour of supervision per week by one or more staff members who meet the qualifications under sub. (2) (g) 1. to 8. (2) POLICIES. The CCS shall have and implement…

DHS 36.11 Supervision and clinical collaboration. (1) (a) Each staff member shall be supervised and provided with the consultation needed to perform assigned functions and meet the credential requirements of this chapter and other state and federal laws and professional associati…

DHS 36.13 Consumer application. (1) APPLICATION. 8 Any person seeking services under this chapter shall complete an application for services. Upon receipt of an application the CCS shall determine the applicant’s need for psychosocial rehabilitation services pursuant to s. DHS 36…

DHS 36.14 Criteria for determining the need for psychosocial rehabilitation services. Psychosocial rehabilitation services shall be available to individuals who are determined to require more than outpatient counseling but less than the services provided by a community support pr…

DHS 36.15 Authorization of services. (1) Before a service is provided to an applicant under s. DHS 36.13 (2) or 36.17, a mental health professional shall do all of the following: (a) Review and attest to the applicant’s need for psychosocial rehabilitation services and medical an…

DHS 36.16 Assessment process. (1) POLICIES AND PROCEDURES. The CCS shall implement policies and procedures that address the requirements under this section. (2) FACILITATION. All of the following shall occur concerning the assessment: (a) The assessment process and the assessment…

DHS 36.17 Service planning and delivery processes. (1) POLICIES AND PROCEDURES. The CCS shall im- 10 plement policies and procedures that address the requirements under this section. (2) FACILITATION OF SERVICE PLANNING. (a) A written service plan shall be based upon the assessme…

DHS 36.18 Consumer service records. (1) Each consumer service record shall be maintained pursuant to the confidentiality requirements under HIPAA, s. 51.30, Stats., ch. DHS 92 and, if applicable, 42 CFR Part 2. Electronic records and electronic signatures shall meet the HIPAA req…

DHS 36.19 Consumer rights. (1) The CCS shall comply with the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, and all of the following: (a) Choice in the selection of recovery team members, services, and service providers. (b) The right to s…

DHS 38.01 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 applicants for certain employment and training programs administered by the department, and to refer individuals determined to…

DHS 38.02 Definitions. In this chapter: (1) XAble-bodied adultY has the meaning given in s. 49.79 (1) (am), Stats. (2) XAdministering agencyY means an administrative agency within the executive branch under ch. 15, Stats., or an entity that contracts with the State such as, singl…

DHS 38.03 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 is referred to participate in an e…