Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 36 - Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders › Subchapter IV - Personnel › Section DHS 36.10 - Personnel policies

Current through June 24, 2024
(1) DEFINITIONS. In this section, "supervised
				  clinical experience" means a minimum of one hour of supervision per week by one
				  or more staff members who meet the qualifications under sub. (2) (g) 1. to
				  8.
(2) POLICIES. The CCS shall have
				  and implement written personnel policies and procedures that ensure all of the
				  following:
(a)
Discrimination
				  prohibited.
Employment practices of the CCS or any agency contracting
				  or subcontracting with the CCS do not discriminate against any staff member or
				  applicant for employment based on the individual's age, race, religion, color,
				  sexual orientation, national origin, disability, ancestry, marital status,
				  pregnancy or childbirth, or arrest or conviction record.
(b)
Credentials.
Staff
				  members have the professional certification, training, experience and abilities
				  to carry out prescribed duties.
(c)
Background checks and misconduct reporting and investigation.
CCS and contracting agency compliance with the caregiver background check and
				  misconduct reporting requirements in s.
				  50.065,
				  Stats., and ch. DHS 12, and the caregiver misconduct reporting and
				  investigation requirements in ch. DHS 13.
Note: Forms for conducting a caregiver background check
					 including the background information disclosure form may be obtained from the
					 Department's website at http://www.dhs.wisconsin.gov/forms/DQAnum.asp [File
					 Link Not Available] or by writing or telephoning the Department at Office of
					 Caregiver Quality, P.O. Box 2969, Madison, WI 53701-2969, (608) 261-8319.
(d)
Staff
				  records.
Staff member records are maintained and include all of the
				  following:
1. References for job applicants
				  obtained from at least 2 people, including previous employers, educators or
				  post-secondary educational institutions attended if available, and documented
				  either by letter or verification of verbal contact with the reference, dates of
				  contact, person making the contact, individuals contacted and nature and
				  content of the contact.
2.
				  Confirmation of an applicant's current professional license or certification,
				  if that license or certification is necessary for the staff member's prescribed
				  duties or position.
3. The results
				  of the caregiver background check conducted in compliance with par. (c),
				  including a completed background information disclosure form for every
				  background check conducted, and the results of any subsequent investigation
				  related to the information obtained from the background check.
(e)
Staff functions.
The CCS has the appropriate number of staff to operate the CCS in
				  accordance with the CCS plan, this chapter, and applicable state and federal
				  law. One or more staff members shall be designated to perform all of the
				  following functions:
1. Mental health
				  professional and substance abuse professional functions. The responsibilities
				  of a mental health professional and a substance abuse professional shall
				  include the responsibilities required under ss.
				  DHS 36.16(2) and
				  (7) and
				  36.17(5) (b) 4. Only
				  a mental health professional may fulfill the responsibilities under s.
				  DHS
				  36.15.
2.
				  Administrator functions. A staff member designated to perform these functions
				  shall have the qualifications listed under par. (g) 1. to 14. whose
				  responsibilities shall include overall responsibility for the CCS, including
				  compliance with this chapter and other applicable state and federal regulations
				  and developing and implementing policies and procedures.
3. Service director functions. A staff member
				  designated to perform these functions shall have the qualifications listed
				  under par. (g) 1. to 8. whose responsibilities shall include responsibility for
				  the quality of the services provided to consumers and day-to day consultation
				  to CCS staff.
4. Service
				  facilitation functions. A staff member designated to perform these functions
				  shall have the qualifications listed under par. (g) 1. to 21., whose
				  responsibilities shall include ensuring that the service plan and service
				  delivery for each consumer is integrated, coordinated and monitored, and is
				  designed to support the consumer in a manner that helps the consumer to achieve
				  the highest possible level of independent functioning. The responsibilities of
				  a service facilitator shall include the responsibilities required under ss.
				  DHS
				  36.16(2) and
				  36.19.
(f)
Supervision and clinical
				  collaboration.
Supervision and clinical collaboration of staff shall
				  meet the requirements in s.
				  DHS
				  36.11.
(g)
Minimum qualifications.
Each staff member shall have the
				  interpersonal skills training and experience needed to perform the staff
				  member's assigned functions and each staff member who provides psychosocial
				  rehabilitation services shall meet the following minimum qualifications:
1. Psychiatrists shall be physicians licensed
				  under ch. 448, Stats., to practice medicine and surgery and shall have
				  completed 3 years of residency training in psychiatry, child or adolescent
				  psychiatry, or geriatric psychiatry in a program approved by the accreditation
				  council for graduate medical education and be either board-certified or
				  eligible for certification by the American board of psychiatry and
				  neurology.
2. Physicians shall be
				  persons licensed under ch. 448, Stats., to practice medicine and surgery who
				  have knowledge and experience related to mental disorders of adults or
				  children; or, who are certified in addiction medicine by the American society
				  of addiction medicine, certified in addiction psychiatry by the American board
				  of psychiatry and neurology or otherwise knowledgeable in the practice of
				  addiction medicine.
3. Psychiatric
				  residents shall hold a doctoral degree in medicine as a medical doctor or
				  doctor of osteopathy and shall have successfully completed 1500 hours of
				  supervised clinical experience as documented by the program director of a
				  psychiatric residency program accredited by the accreditation council for
				  graduate medical education.
4.
				  Psychologists shall be licensed under ch. 455, Stats., and shall be listed or
				  meet the requirements for listing with the national register of health service
				  providers in psychology or have a minimum of one year of supervised
				  post-doctoral clinical experience related directly to the assessment and
				  treatment of individuals with mental disorders or substance-use
				  disorders.
5. Licensed independent
				  clinical social workers shall meet the qualifications established in ch. 457,
				  Stats., and be licensed by the examining board of social workers, marriage and
				  family therapists and professional counselors with 3000 hours of supervised
				  clinical experience where the majority of clients are children or adults with
				  mental disorders or substance-use disorders.
6. Professional counselors and marriage and
				  family therapists shall meet the qualifications required established in ch.
				  457, Stats., and be licensed by the examining board of social workers, marriage
				  and family therapists and professional counselors with 3000 hours of supervised
				  clinical experience where the majority of clients are children or adults with
				  mental disorders or substance-use disorders.
7. Adult psychiatric and mental health nurse
				  practitioners, family psychiatric and mental health nurse practitioners or
				  clinical specialists in adult psychiatric and mental health nursing shall be
				  board certified by the American Nurses Credentialing Center, hold a current
				  license as a registered nurse under ch. 441, Stats., have completed 3000 hours
				  of supervised clinical experience; hold a master's degree from a national
				  league for nursing accredited graduate school of nursing; have the ability to
				  apply theoretical principles of advanced practice psychiatric mental health
				  nursing practice consistent with American Nurses Association scope and
				  standards for advanced psychiatric nursing practice in mental health nursing
				  from a graduate school of nursing accredited by the national league for
				  nursing.
8.
a. Advanced practice nurse prescribers shall
				  be adult psychiatric and mental health nurse practitioners, family psychiatric
				  and mental health nurse practitioners or clinical specialists in adult
				  psychiatric and mental health nursing who are board certified by the American
				  Nurses Credentialing Center; hold a current license as a registered nurse under
				  ch. 441, Stats.; have completed1500 hours of supervised clinical experience in
				  a mental health environment; have completed 650 hours of supervised prescribing
				  experience with clients with mental illness and the ability to apply relevant
				  theoretical principles of advance psychiatric or mental health nursing
				  practice; and hold a master's degree in mental health nursing from a graduate
				  school of nursing from an approved college or university.
b. Advanced practice nurses are not qualified
				  to provide psychotherapy unless they also have completed 3000 hours of
				  supervised clinical psychotherapy experience.
9. Certified social workers, certified
				  advance practice social workers and certified independent social workers shall
				  meet the qualifications established in ch. 457, Stats., and related
				  administrative rules, and have received certification by the examining board of
				  social workers, marriage and family therapists and professional
				  counselors.
10. Psychology
				  residents shall hold a doctoral degree in psychology meeting the requirements
				  of s.
				  455.04(1)
				  (c), Stats., and shall have successfully
				  completed 1500 hours of supervised clinical experience as documented by the
				  Wisconsin psychology examining board.
11. Physician assistants shall be certified
				  and registered pursuant to ss.
				  448.05
				  and
				  448.07,
				  Stats., and chs.
				  Med 8 and 14.
12. Registered nurses shall be licensed under
				  ch. 441, Stats.,
13. Occupational
				  therapists shall be licensed and shall meet the requirements of s.
				  448.963(2),
				  Stats.
14. Master's level
				  clinicians shall have a master's degree and coursework in areas directly
				  related to providing mental health services including master's in clinical
				  psychology, psychology, school or educational psychology, rehabilitation
				  psychology, counseling and guidance, counseling psychology or social
				  work.
15. Other professionals shall
				  have at least a bachelor's degree in a relevant area of education or human
				  services.
16. Alcohol and drug
				  abuse counselors shall be certified by the department of safety and
				  professional services.
Note: Persons previously referred to as "alcohol and drug
					 abuse counselors" are referred to as "substance abuse professionals" in
					 department of safety and professional service rules.
17. Specialists in specific areas of
				  therapeutic assistance, such as recreational and music therapists, shall have
				  complied with the appropriate certification or registration procedures for
				  their profession as required by state statute or administrative rule or the
				  governing body regulating their profession.
18. Certified occupational therapy assistants
				  shall be licensed and meet the requirements of s.
				  448.963(3),
				  Stats.
19. Licensed practical
				  nurses shall be licensed under ch. 441, Stats..
20. A peer specialist, meaning a staff person
				  who is at least 18 years old, shall have successfully completed 30 hours of
				  training during the past two years in recovery concepts, consumer rights,
				  consumer-centered individual treatment planning, mental illness, co-occurring
				  mental illness and substance abuse, psychotropic medications and side effects,
				  functional assessment, local community resources, adult vulnerability, consumer
				  confidentiality, a demonstrated aptitude for working with peers, and a
				  self-identified mental disorder or substance use disorder.
21. A rehabilitation worker, meaning a staff
				  person working under the direction of a licensed mental health professional or
				  substance abuse professional in the implementation of rehabilitative mental
				  health, substance use disorder services as identified in the consumer's
				  individual treatment plan who is at least 18 years old shall have successfully
				  completed 30 hours of training during the past two years in recovery concepts,
				  consumer rights, consumer-centered individual treatment planning, mental
				  illness, co-occurring mental illness and substance abuse, psychotropic
				  medications and side effects, functional assessment, local community resources,
				  adult vulnerability, and consumer confidentiality.
22. Clinical students shall be currently
				  enrolled in an accredited academic institution and working toward a degree in a
				  professional area identified in this subsection and providing services to the
				  CCS under the supervision of a staff member who meets the qualifications under
				  this subsection for that staff member's professional area.