Wisconsin Administrative Code

DHS 75.05 Department action. (1) INITIAL CERTIFICATION. (a) Within 60 days after receipt of a complete application, the department shall review the application and either approve or deny the certification. (b) A certification issued by the department shall be only for persons nam…

DHS 75.06 Biennial forms and fees. (1) Every 24 months, on a date determined by the department, the service shall submit the biennial forms provided by the department, and shall submit payment of the certification continuation fees under ss. 51.04 and 51.45 (8) (a), Stats., excep…

DHS 75.07 Change of ownership. (1) CHANGE OF OWNERSHIP. A change of ownership of a service occurs when the service does any of the following: (a) Removes, adds, or substitutes an individual as a partner in the association, dissolving the existing partnership and creating a new pa…

DHS 75.08 Agency closure. (1) Any service that intends to close shall provide written notice to each client by mail or electronic mail to the client’s last known address, to each client’s legal representative, if applicable, and the department at least 30 days before closing. The…

DHS 75.09 Ongoing compliance and enforcement actions. (1) INSPECTIONS. (a) The department may make announced and unannounced inspections of a certified service to verify compliance with this chapter, to investigate complaints received regarding the services provided, or as part o…

DHS 75.10 Investigation, notification, and reporting requirements. (1) DEATH REPORTING. (a) Patient death related to physical restraint, psychotropic medication, or suicide. No later than 24 hours after a service becomes aware of the death of a patient, the service shall report t…

DHS 75.11 General records and retention. (1) The service shall retain all records required under this chapter for 7 years, unless otherwise specified in subs. (2) and (3). (2) Client records shall be retained as specified in ch. DHS 92 and in 42 CFR part 2. (3) Employee records s…

DHS 75.12 Telehealth services. (1) All requirements in this chapter shall also be applicable to telehealth services delivered under this chapter. (2) Services delivered through telehealth shall be of sufficient quality to be functionally equivalent.

DHS 75.13 Waivers and variances. (1) EXCEPTION TO A REQUIREMENT. (a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client. (b) A written request for…

DHS 75.14 Prevention service. (1) SERVICE DESCRIPTION. A prevention service makes use of universal, selective, and indicated prevention services as defined by s. DHS 75.14 (3). Prevention services may be focused on reducing behaviors and actions that increase the risk of misusing…

DHS 75.15 Intervention service and intoxicated driver services. (1) SERVICE DESCRIPTION FOR AN INTERVENTION SERVICE. Intervention services are delivered in a wide variety of settings and are designed to explore and address risk factors that appear to be related to substance use, …

DHS 75.16 Applicability of treatment service general requirements. This subchapter establishes general requirements that apply to the 11 types of community substance use treatment services under ss. DHS 75.49 to 75.59. General requirements apply to all treatment services certifie…

DHS 75.17 Governing authority or entity owner requirements. (1) GOVERNING AUTHORITY OR ENTITY OWNER REQUIREMENTS. The governing authority or entity owner of a service shall do all of the following: (a) Designate a member or representative of the governing body that is legally res…

DHS 75.18 General requirements for service staff. (1) SERVICE DIRECTOR. (a) A service shall have a service director. the chapter was last published. DHS 75.18 WISCONSIN ADMINISTRATIVE CODE (b) The service director shall be responsible for all of the following: 1. Administration a…

DHS 75.20 Patient case records. (1) GENERAL TREATMENT SERVICE CASE RECORDS. (a) With respect to general treatment service case records, the service shall do all of the following: 1. Maintain a case record for each patient. 2. The service director or another designated staff membe…

DHS 75.21 Confidentiality. A service shall have written policies, procedures and staff training to ensure compliance with applicable confidentiality provisions of 42 CFR part 2, 45 CFR parts 164 and 170, ss. 51.30, 146.816 and 146.82, Stats., and ch. DHS 92. Each staff member sha…

DHS 75.22 Services for minors. (1) APPLICATION. A service under this chapter that delivers treatment services to minors shall identify within their application to the department each level of care that will provide treatment services for minors. (2) STATUTORY REQUIREMENTS. A serv…

DHS 75.23 Service levels of care. (1) SERVICE LEVELS OF CARE. (a) Services delivered under this chapter shall adhere to standardized levels of care as defined in this chapter. A service shall apply the ASAM criteria or other department-approved placement criteria to determine the…

DHS 75.24 Service operations. (1) SCREENING. (a) A service shall complete an initial screening for an individual that presents for services. The screening shall include all of the following: 1. Sufficient assessment of dimensional risk and severity of need to determine preliminar…

DHS 75.25 Outcome monitoring and quality improvement plan. (1) A service shall have a written plan for monitoring outcomes and improving service quality, which includes all of the following: (a) Measurable goals relating to service quality, participant satisfaction, and outcomes.…

DHS 75.26 Applicability. (1) This subchapter applies to residential services certified under ss. DHS 75.53 to 75.58. (2) A residential service that is approved as a hospital under ch. DHS 124 is not required to meet the requirements in this subchapter. (3) A residential service t…

DHS 75.27 Organizational requirements. Before operating or expanding a residential service, a facility shall meet all residential facility requirements included in this subchapter.

DHS 75.28 Definitions. In this subchapter: (1) “Ambulatory” means the ability to walk without difficulty or help. (2) “Non-ambulatory” means a person who is unable to walk, but who may be mobile with the help of a wheelchair or other mobility devices. (3) “Semi-ambulatory” means …

DHS 75.29 Application for initial certification. (1) In order to meet the requirements in ss. DHS 75.30 to 75.46, an application for initial licensure as a residential service shall be on a form provided by the department, and shall be accompanied by all of the following: (a) A f…

DHS 75.30 Fit and qualified standards. (1) ELIGIBILITY. An applicant may not be certified unless the department determines the applicant is fit and qualified to operate a service. (2) STANDARDS. In determining whether an applicant is fit and qualified, the department shall consid…

DHS 75.31 Services for non-ambulatory or semiambulatory patients. (1) A residential service that provides treatment services for patients that are non-ambulatory shall meet the requirements under subchs. IX, X, XI of ch. DHS 83 for class A non-ambulatory and class C non-ambulator…

DHS 75.32 General facility requirements. (1) HOURS OF OPERATION. A residential service shall operate 24 hours per day, 7 days per week. (2) GENERAL. The facility of the residential service shall be constructed and maintained so that it is functional for assessment DHS 75.37 and t…

DHS 75.33 Residential personnel requirements. (1) STAFF ORIENTATION AND TRAINING. A residential service shall meet the staff training and orientation requirements in ss. DHS 83.19 to 83.21 and 83.23 to 83.25. A service shall maintain documentation of required training in each sta…

DHS 75.34 Residential service records. A residential service shall meet the requirements for general records under s. DHS 83.13.

DHS 75.35 Residential services for minors. (1) A residential service that provides services to minors shall maintain physically separate and secure living areas for minors and adults, unless there is a documented clinical need for an exception to this age requirement for transiti…

DHS 75.36 Residential services for parents with residing minors. A residential service that allows for minors to reside at the facility while their parent or guardian receives treatment services at the facility, shall ensure the following: (1) The service shall have written polic…

DHS 75.37 Emergency medical care for residents. (1) A residential service shall have written policies and procedures for training staff members in life-sustaining techniques, which may include cardiopulmonary resuscitation, use of an automated external defibrillator, and emergenc…

DHS 75.38 Seclusion and restraints. (1) A service under this chapter is prohibited from the use of seclusion or restraints, unless the service meets all requirements outlined in s. 51.61 (1) (i), Stats. (2) A service under this chapter is prohibited from the use of seclusion or r…

DHS 75.39 Medications. A residential service shall meet the requirements for medications under s. DHS 75.24 (19) or 83.37, whichever standard is higher. The medication storage area shall be clean, and shall be separated by a wall from any restroom, cleaning products, or any food-…

DHS 75.40 Infection control program. A residential service shall meet the requirements for an infection control program under s. DHS 83.39.

DHS 75.41 Food service. A residential service shall meet the requirements for food service under s. DHS 83.41.

DHS 75.42 Physical environment. (1) A residential service shall meet the requirements for physical environment under ss. DHS 83.43 to 83.46. (2) A residential service that provides physical examinations or medical services shall have a patient examination or medical room. The pat…

DHS 75.43 Safety. (1) A residential service shall meet the requirements for safety under ss. DHS 83.47 to 83.51. (2) A residential service shall have written policies and procedures for ensuring that the facility and staffing arrangements 20 are adequate for the needs of the popu…

DHS 75.44 Guests and visitors. A residential service shall have written policies and procedures regarding guests and visitors. Policies and procedures shall include: (1) Areas prohibited from guest and visitor access. (2) Procedures to ensure confidentiality for service patients.…

DHS 75.45 Building design. A residential service shall meet the requirements for building design under ss. DHS 83.52 to 83.61.

DHS 75.46 Requirements for new construction, remodeling, additions, or newly-certified existing structures. A residential service shall meet the requirements for building design under ss. DHS 83.62 to 83.64. Subchapter VI — Additional Requirements for Treatment Service Levels of …

DHS 75.47 Applicability of other requirements. (1) RELATIONSHIP TO TREATMENT SERVICE GENERAL REQUIREMENTS. The requirements for a treatment service provided in subch. IV apply to this subchapter as the minimum standards for any service in this subchapter. If a requirement in any …

DHS 75.48 Service requirements by level of care tables. (1) Table 75.48 (1) establishes additional requirements for outpatient levels of care. the chapter was last published. 21 DEPARTMENT OF HEALTH SERVICES DHS 75.48 DHS 75.48 (1) Service requirements by level of care, outpatien…

DHS 75.49 Outpatient Substance Use Treatment Service

DHS 75.50 Outpatient Integrated Behavioral Health Treatment Service

DHS 75.51 Intensive Outpatient Treatment Service

DHS 75.52 Day Treatment or Partial Hospitalization Treatment Service (a) Adult services frequency requirements Is less than 9 hours of Is less than 9 hours of treatment services per pa- treatment services per patient per week. tient per week. At least 9 hours of treatment service…