Wisconsin Administrative Code

DHS 38.04 Administering and evaluating a controlled substance abuse screening questionnaire to determine possible substance abuse. (1) WHO MUST COMPLETE A SCREENING QUESTIONNAIRE. At the time of application and at annual redetermination, an administering agency shall administer t…

DHS 38.05 Requiring a test for the use of a controlled substance. (1) WHO MAY BE REQUIRED TO UNDERGO DRUG TESTING. An individual whose answers on the screening questionnaire indicate possible use of a controlled substance 2 without a prescription order shall be required to underg…

DHS 38.06 Requiring participation in treatment. (1) WHO MAY BE REQUIRED TO PARTICIPATE IN CONTROLLED SUBSTANCE ABUSE TREATMENT. Every individual who undergoes a test under s. DHS 38.05 and tests positive for the use of a controlled substance without presenting a valid prescriptio…

DHS 38.07 Effect of completing, voluntarily withdrawing, or being terminated from an employment and training program. An individual who completes or voluntarily withdraws from an employment and training program is no longer subject to s. 49.79 (9) (d), Stats., or this chapter. An…

DHS 38.08 Confidentiality of records. Completed screening questionnaires, prescriptions, testing results, and treatment records relating to this chapter shall not be disclosed unless for purposes connected with the administration of an employment and training program, unless disc…

DHS 38.09 Appeals. An adverse decision under this chapter may be appealed following the procedure under 7 CFR 273.15 and s. HA 3.03.

DHS 38.10 Payment of costs related to screening, testing and treatment. (1) The department shall pay for all 4 costs related to screening individuals for controlled substance abuse, including the costs of producing, administering, and reviewing screening questionnaires. (2) The d…

DHS 40.01 Authority and purpose. This chapter is promulgated under the authority of s. 51.42 (7) (b), Stats., and is intended to regulate programs providing mental health day treatment services for youth.

DHS 40.02 Applicability. This chapter applies to all programs providing mental health day treatment services for youth in the state of Wisconsin. This chapter does not regulate other providers of day treatment services for youth, such as alcohol and other substance use disorder t…

DHS 40.03 Definitions. In this chapter: (1) “Advanced practice nurse” has the meaning given in s. N 8.02 (1). (2) “Advanced practice nurse prescriber” has the meaning given in s. N 8.02 (2). (3) Assessment” means the process required under s. DHS 40.13. (4) “Biopsychosocial infor…

DHS 40.05 Waivers and variances. (1) REQUEST. A program may request a waiver or a variance from the department. A request shall be made in writing and include all of the following: (a) The name of the program. (b) The rule provision from which the waiver or variance is requested.…

DHS 40.06 Coordination with educational services. (1) Programs shall make reasonable efforts to provide care coordination by executing memoranda of understanding or other forms of interagency agreement with local educational agencies DHS 40.07 or other services or programs that p…

DHS 40.07 Program components. (1) REQUIRED POLICIES AND PROCEDURES. A program shall develop and implement written policies and procedures for: (a) Admission and orientation. (b) Fee agreements. (c) Assessments. (d) Contents and implementation of individualized treatment plans. (e…

DHS 40.08 Emergency safety interventions. (1) PROHIBITED INTERVENTIONS. Mechanical restraints, with the exception of procedures in sub. (5) (e) and chemical restraints are prohibited. (2) GENERAL REQUIREMENTS FOR SECLUSION AND PHYSICAL RESTRAINT. Seclusion and physical restraint …

DHS 40.10 Required personnel and services. (1) OPERATIONAL RESPONSIBILITIES. A program shall include all of the following administrators: (a) A program director who is responsible for program operations and ensuring that the program is in compliance with this chapter and other ap…

DHS 40.11 Referral and Screening. (1) POLICIES. (a) The program director or clinical coordinator or designee shall review all referrals and verify the medical necessity and clinical appropriateness for day treatment services for the referred youth. (b) A program shall establish w…

DHS 40.12 Admission. (1) CRITERIA FOR ADMISSION. All of the following are required for a program to admit a youth: (a) The youth has a psychiatric diagnosis of mental illness. (b) The youth is unable to obtain sufficient benefit from a less restrictive treatment program. (c) The …

DHS 40.13 Assessment. (1) INTERDISCIPLINARY TREATMENT TEAM. (a) Within 5 working days following the de- the chapter was last published. DHS 40.13 WISCONSIN ADMINISTRATIVE CODE thought content, perception, intellectual functioning, general appearance, diagnosis, or medical impress…

DHS 40.14 Treatment Plan. (1) TREATMENT PLAN. (a) The interdisciplinary treatment team shall prepare a written treatment plan for a youth based upon the written assessment under s. DHS 40.13 (2) within 15 calendar days after admission. The treatment plan shall describe measurable…

DHS 40.15 Client records. (1) LOCATION AND FORClient records shall be managed in accordance with standard professional practices and any applicable legal requirements for the maintenance of client mental health records, and arranged MAT. DHS 40.15 in a format which provides for c…

DHS 40.16 Client rights. All programs shall comply with s. 51.61, Stats., and ch. DHS 94 on the rights of clients.

DHS 40.17 Program evaluation. (1) OUTCOMES. A program shall at least annually evaluate the effectiveness of services provided to its clients by doing all of the following: (a) Preparing a statement of the program’s clinical and support services outcomes for youth stated in object…

DHS 40.18 Death Reporting. Each program shall adopt written policies and procedures for reporting to the department deaths of youth no later than 24 hours after a death due to suicide, psychotropic medications, or use of physical restraints, as required by s. 51.64 (2), Stats. No…

DHS 5.01 Purpose. The purpose of this chapter is to ensure fair and efficient personnel administration of local aging, mental health, alcohol and other drug abuse, developmental disabilities, public health, income maintenance and social services positions supported by federal fun…

DHS 5.02 Delegation of authority. (1) OFFER AND ACCEPTANCE OF DELEGATION. Determination by the department of health services that the local employer has a staff capability to administer this chapter shall lead to an offer by the department of health services of delegation, and ac…

DHS 5.03 Recruitment, selection and appointment. Recruitment, selection and appointment of applicants for employment and advancement of employees shall be on the basis of their relative ability, knowledge and skills. (1) RECRUITMENT. Recruiting efforts shall ensure that inter- DH…

DHS 5.04 Classification and compensation plan. Equitable and adequate compensation shall be provided. (1) CLASSIFICATION PLAN. The classification plan shall be maintained on a current basis. It shall include all job groupings with similar duties, responsibilities, training and ex…

DHS 5.05 Training and employee development. (1) EMPLOYEE TRAINING. Employees shall be trained as needed to assure high quality performance. (2) ORGANIZED TRAINING PROGRAMS. Organized training programs shall be established as needed for the purpose of enhancing the knowledge, prof…

DHS 5.065 Performance evaluation. Employees shall be evaluated periodically on a job related basis by their supervisors to ascertain the adequacy of their job performance in relation to agency performance standards. (1) Performance evaluations determined through a joint review by…

DHS 5.07 Equal employment opportunity and appeals. Fair treatment of applicants and employees in all aspects of personnel administration shall be assured. (1) EQUAL EMPLOYMENT OPPORTUNITY. Fair treatment and freedom from unlawful discrimination in personnel administration, as pro…

DHS 5.08 Political activity. (1) RESPONSIBILITY OF LOCAL GOVERNMENTS. Local employers shall inform their employees of their political rights and of prohibited practices under the Hatch Act (5 USC 1501-1508). (2) POLICIES CONCERNING POLITICAL ACTIVITY. (a) Policies on political ac…

DHS 50.01 Authority and purpose. This chapter is promulgated under the authority of ss. 51.042 (4), 51.42 (7) (b), and 227.11 (2) (a), Stats., for the purpose of creating certification to operate youth crisis stabilization facilities. History: EmR1922: emerg. cr., eff. 11-2-19; C…

DHS 50.02 Definitions. (1) XChemical restraintY means any drug, drug dosage, or drug regimen that may decrease a youth[s independent functioning, that is administered to control a youth[s behavior, and that is not prescribed to the youth for the treatment of a medical or psychiat…

DHS 50.03 Certification. (1) GENERAL. No person or entity may operate a YCSF without successfully completing a background check verified by the Office of Caregiver quality and obtaining a certification from the department. A YCSF that has a certification from the department under…

DHS 50.04 Variance and waiver. (1) In this section: (a) XVarianceY means an alternate means of meeting a requirement in this chapter. (b) XWaiverY means an exemption from a requirement of this chapter. (2) The department may grant a waiver or variance if the department determines…

DHS 50.05 Program Statement. A program statement shall contain all of the following: (1) A description of how the YCSF fits into a continuum of care for youth crisis stabilization and treatment services. (2) A description of services the program intends to provide, including all …

DHS 50.06 Required Policies. A YCSF must have written policies and procedures for the following: (1) Admission policy and criteria, including ages and gender of youth served, and how bedrooms will be allocated. (2) Utilization review policy addressing determination of need and le…

DHS 50.07 Personnel. (1) POLICIES. (a) A YCSF shall have written personnel policies. (b) A YCSF shall maintain written documentation of employee qualifications and shall make that information available upon request for review by youths and their representatives or parents, and by…

DHS 50.08 Orientation and Training. (1) Initial and ongoing orientation and training requirements must comply with s. DHS 34.21 (8) (a) to (d). (2) Training must include review of this chapter, including review and training on all YCSF policy and procedures, program statement, an…

DHS 50.09 Clinical Supervision. (1) The clinical coordinator shall be responsible for oversight of the job performance and actions of each staff member who is providing clinical services and support services, and for ensuring staff compliance with all laws and regulations governi…

DHS 50.10 Admissions. (1) CRITERIA FOR ADMISSION. Admission is voluntary, except that a minor may be admitted to a YCSF under this section by a court order under s. 51.20 (13) (a) 3., Stats., or through the procedure under s. 51.13, Stats. No YCSF may accept a minor for detention…

DHS 50.11 Program Components. A YCSF shall offer or arrange for all of the following minimum required services: (1) A structured therapeutic milieu supervised by a clinical coordinator. (2) Therapeutic interventions and skills-building which will help youth manage their emotions …

DHS 50.12 Emergency safety interventions. (1) PROHIBITED INTERVENTIONS. Mechanical restraints and chemical restraints are prohibited. (2) GENERAL REQUIREMENTS. Seclusion and physical restraint shall only be administered by YCSF staff who have completed orientation and training de…

DHS 50.13 Investigation, notification, and reporting requirements. (1) DEATH REPORTING. (a) Youth death DHS 50.15 related to physical restraint, seclusion, psychotropic medication, or suicide. No later than 24 hours after the death of a youth, the YCSF shall report the death to t…

DHS 50.14 Client Rights. All YCSF operations and services shall comply with s. 51.61, Stats. and ch. DHS 94 on the rights of clients. History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20. Subchapter III ] Facilities

DHS 50.15 General Requirements. (1) GENERAL REQUIREMENTS. (a) A facility shall comply with the state building the chapter was last published. DHS 50.15 WISCONSIN ADMINISTRATIVE CODE code requirements in chs. SPS 361 to 366, and any applicable local ordinances or municipal buildin…

DHS 50.16 General safety precautions. (1) Electrical systems and appliances shall be in good repair and properly protected. (2) Tubs and showers shall have safety strips or other non-slip surfaces applied to prevent slipping. (3) The indoor and outdoor premises shall be free of h…

DHS 50.17 Fire safety. (1) SMOKE DETECTION. (a) Each facility shall have a smoke detection system. The system shall be an electrically interconnected system listed by Underwriter[s Laboratory or a radio signal-emitting system which has at least one centrally mounted alarm horn wh…

DHS 50.18 Carbon monoxide detector. A facility shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats. History: EmR1922: e…

DHS 60.01 Traffic and conduct on state treatment institution property. (1) PURPOSE. The purpose of this section is to establish rules controlling traffic and conduct on state treatment institution property to protect the clients, employees, facilities, property and grounds of the…