Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Able-bodied adult" has the meaning given
				in s.
				49.79(1)
				(am), Stats.
(2) "Administering agency" means an
				administrative agency within the executive branch under ch. 15, Stats., or an
				entity that contracts with the State such as, single county consortia under s.
				49.78(1r),
				Stats.; multicounty consortia under s.
				49.78(1)
				(br), Stats.; or a tribal governing body
				under s.
				49.78(1)
				(cr), Stats.
(3) "Confirmation test" or "confirmed test"
				means an analytical procedure used to quantify a specific controlled substance
				or its metabolite in a specimen through a test that is different in scientific
				principle from that of the initial test procedure and capable of providing
				requisite specificity, sensitivity, and quantitative accuracy to positively
				confirm use of a controlled substance.
(4) "Controlled substance" or "substance" has
				the meaning given in s.
				49.79(1)
				(b), Stats.
(5) "Department" means the department of
				health services.
(6) "Employment
				and training program" or "food stamp employment and training program" or
				"program" in this chapter has the meaning given in s.
				49.79(9),
				Stats.
(7) "Food stamp program" has
				the meaning under s.
				49.79(1)
				(c), Stats.
(8) "Individual" means an able-bodied adult
				who is subject to the work requirements specified in s.
				49.79(10)
				(a), Stats., and intends on meeting the work
				requirements through participation in the food stamp employment and training
				program.
(9) "Medical review
				officer" means a licensed medical provider 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 valid
				prescriptions.
(10) "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.
(11)
				"Prescription" means a current order for a controlled substance that indicates
				the specific regimen and duration of the order, and that is transmitted
				electronically or in writing by an individual authorized in this state to order
				the controlled substance.
(12)
				"Qualified drug testing vendor" means a laboratory certified by the centers for
				medicare & medicaid services under the Clinical Laboratory Improvement
				Amendments of 1988 (CLIA) 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.
Note:
For information about CLIA, see:
				  https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/. To obtain an
				  application for CLIA certification contact the Wisconsin Department of Health
				  Services Division of Quality Assurance at:
https://www.dhs.wisconsin.gov/regulations/index.htm
(13) "Screening" means completion
				of a questionnaire specified by the department, regarding the individual's
				current and prior use of controlled substances.
(14) "Specimen" means tissue, fluid, or a
				product of the human body required to be submitted by an individual for testing
				under this chapter.
(15)
				"Trauma-informed" means operationalizing the understanding of the science of
				Adverse Childhood Experiences (ACEs), toxic stress, trauma, and resilience into
				organizational culture, policies, programs and practices. Operationalizing TIC
				means an adherence to trauma-informed principles such as safety,
				trustworthiness and transparency, peer support, collaboration and mutuality,
				empowerment, and cultural, historical, and gender issues.
Note:
"TIC" refers to trauma-informed
				  care.
(16) "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 treatment services, recovery and case management, crisis
				intervention, education, employment, and problem resolution in life skills
				functioning.
(17) "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, a narcotic treatment service for opiate
				addiction under s.
				DHS
				75.15, or psychosocial rehabilitation services as
				approved by the department.
(18)
				"Treatment provider" or "provider" means a provider of treatment services for
				controlled substance abuse certified by the department under the provisions of
				ch. DHS 75, a provider certified under s.
				440.88,
				Stats., or other licensed professional who meets the requirements of ch. SPS
				161.