Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.05 - Requiring a test for the use of a controlled substance

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO UNDERGO TESTING. A person whose score on the screening
				questionnaire establishes a reasonable suspicion of abuse of a controlled
				substance shall be required to undergo a test for the use of a controlled
				substance.
(2) NATURE OF TESTING
				REQUIRED. Testing shall consist of laboratory analysis of a specimen collected
				from a person by a drug testing vendor. The department shall provide to each
				administering agency a list of all controlled substances or metabolites of
				controlled substances that must be included in the test and cutoff levels for
				the test and cutoff levels for any confirmation test that may be used. The
				department may add or delete controlled substances or metabolites that must be
				included in the laboratory test to reflect changes in pre-employment drug
				testing practices of Wisconsin employers. Any positive test result on the
				initial drug test shall be confirmed through a confirmation test using the
				original specimen collected from the person.
(3) CONTRACT FOR TESTING SERVICES. Subject to
				the department's approval, the administering agency may contract with any
				qualified drug testing vendor 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. The department may require the administering agency to use a specific
				testing service procured through state contracting if the department determines
				that volume discounts or other preferential pricing terms can be achieved
				through a statewide contract.
The federal Centers for Medicare & Medicaid Services
				  (CMS) regulates all laboratory testing (except research) performed on humans in
				  the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any
				  entity or facility performing drug or alcohol testing or screening on specimens
				  derived from the human body for the purpose of providing information for the
				  diagnosis, prevention, or treatment of any disease or impairment of, or the
				  assessment of the health of, human beings is considered a laboratory and must
				  obtain an appropriate CLIA certificate and meet the applicable CLIA standards
				  or cease testing.
For information about CLIA, see:
				  https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html. To
				  obtain an application for CLIA certification contact the Wisconsin Department
				  of Health Services Division of Quality Assurance at:
				  DHSDQACLIA@dhs.wisconsin.gov.
(4) REFUSAL TO SUBMIT TO A TEST. A person
				refuses to submit to a test if the person does any of the following:
(a) Fails or refuses to provide a specimen
				during an appointment scheduled by the administering agency for that
				purpose.
(b) Fails or refuses to
				appear for a test at the time and place directed by the administering
				agency.
(c) Fails or refuses to
				complete any form or release of information required for testing, including
				those required by the drug testing vendor that permit the drug testing vendor
				to report test results to the administering agency.
(d) Fails or refuses to provide a valid
				specimen for testing.
(e) Fails or
				refuses to provide verification of identity to the drug testing
				vendor.
(f) Fails or refuses to
				cooperate with the medical review officer, including refusal to complete an
				interview or answer questions or refusal to provide records necessary to
				demonstrate possession of a valid prescription.