Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.05 - Requiring a test for the use of a controlled substance

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO UNDERGO DRUG TESTING. An individual 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 an individual 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 initial test and cutoff levels for a 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. A positive test result on the initial
				test shall be confirmed through a confirmation test from the original specimen
				collected from the individual.
(3)
				CONTRACT FOR TESTING SERVICES. Subject to the department's approval, the
				administering agency may contract with a 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.
Note:
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.
(4) REFUSAL TO SUBMIT TO A TEST. An
				individual refuses to submit to a test if the individual 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 a 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 department or administering agency.
(d) Fails or refuses to provide a valid
				specimen for testing.
(e) Fails or
				refuses to provide verification of identity to the testing 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.