Current through August 26, 2024
(1) WHO MAY BE
REQUIRED TO PARTICIPATE IN TREATMENT. Every individual who undergoes a test
under s.
DCF 105.05 and tests positive for the use of a controlled
substance without presenting evidence of a valid prescription as described in
s.
49.162(1),
Stats., and as determined by the medical review officer for the drug testing
vendor, shall be required to participate in treatment in order to be eligible
to participate in a work experience program.
(2) REFERRAL FOR TREATMENT. The administering
agency shall provide information to every individual required to participate in
controlled substance abuse treatment about treatment program providers and
county-specific assessment and enrollment activities required for entry into
treatment. The administering agency shall monitor the individual's progress in
entering and completing treatment and the results of a random test for the use
of a controlled substance carried out during and at the conclusion of
treatment.
(3) SUBSTANCE ABUSE
EVALUATION AND ASSESSMENT. A treatment provider may conduct a substance abuse
evaluation and assessment and take any of the following actions based on the
evaluation and assessment:
(a) If a treatment
provider determines an individual does not need treatment, the provider shall
notify the administering agency of its determination.
(b) If a treatment provider determines an
individual is in need of treatment, the provider shall refer the individual to
an appropriate treatment program to begin treatment and shall notify the
administering agency of the referral and the expected begin date and duration
of treatment.
(c) If a treatment
provider determines an individual is in need of treatment but is unable to
refer the individual because there is a waiting list for enrollment in
appropriate treatment programs, the provider shall notify the administering
agency when the individual is expected to be enrolled.
(4) ELIGIBILITY OF INDIVIDUAL TO PARTICIPATE
IN A WORK EXPERIENCE PROGRAM WHEN TREATMENT IS NOT NEEDED OR THE INDIVIDUAL IS
PLACED ON A WAITING LIST.
(a) An individual
who has been determined by a treatment program after assessment not to need
treatment will have fully satisfied the requirements of this chapter and may
participate in a work experience program without further screening, testing, or
treatment.
(b) An individual who is
on a waiting list for enrollment in an appropriate treatment program is
eligible to participate in a work experience program during the waiting list
period, provided the individual is not eligible for immediate enrollment in
another appropriate treatment program.
(5) SATISFYING THE REQUIREMENT TO PARTICIPATE
IN TREATMENT THROUGH PARTICIPATION IN ANOTHER PROGRAM. An administering agency
shall accept current participation in any treatment program to satisfy the
requirements of this section. The individual participating in the treatment
program shall execute a release of information to allow the administering
agency to obtain verification of successful participation in that treatment
program.
(6) REFUSAL TO PARTICIPATE
IN TREATMENT. An individual refuses to participate in treatment if the
individual does any of the following:
(a)
Fails or refuses to complete a form or release required for program
administration, including those required by a treatment provider in order to
share information with the administering agency about the individual's
participation in treatment.
(b)
Fails or refuses to participate in a controlled substance test required by the
treatment provider or the administering agency during the course of required
treatment, including random controlled substance testing directed by the
treatment provider or administering agency.
(c) Fails or refuses to meet any attendance
or participation requirement established by the treatment provider.
(d) Fails or refuses to complete a substance
abuse assessment.
(7)
EFFECT OF REFUSAL TO PARTICIPATE IN TREATMENT.
(a) If the treatment provider agrees to
continue treatment, an individual who refuses to participate in treatment shall
be given one opportunity to participate in treatment by re-entering treatment
within 30 days of the refusal to participate.
(b) An individual who does not re-enter
treatment within 30 days of a refusal to participate or who refuses a second
time to participate in treatment shall be ineligible to participate in a work
experience program subject to s.
49.162,
Stats., for a period of 12 months.
(8) CONTROLLED SUBSTANCE TESTING DURING
REQUIRED TREATMENT.
(a) An individual who is
participating in treatment shall undergo a minimum of one randomly administered
test for the use of a controlled substance as directed by the administering
agency during the course of treatment. Additional tests during required
treatment may be directed by the administering agency if recommended by the
treatment provider or required under par. (c).
(b) An individual who tests positive for use
of a controlled substance during treatment without presenting evidence of a
valid prescription for the controlled substance may be eligible to re-enter the
treatment program. The individual may re-enter treatment only once as a result
of a positive test for use of a controlled substance. The treatment provider
shall determine the terms of the individual's re-entry into treatment based on
an assessment of the individual's treatment needs at the time the individual
re-enters treatment. Based on its assessment, the provider may take any action
described in sub. (3).
(c) An
individual who re-enters treatment under par. (b) shall undergo a minimum of
one randomly administered test for the use of a controlled substance during the
course of continued treatment following re-entry. After re-entering a treatment
program, a confirmed positive test for use of a controlled substance without
evidence of a valid prescription for the controlled substance shall result in
the individual being ineligible to participate in a work experience
program.
(d) An individual who is
determined to be ineligible to participate in a work experience program as a
result of a second positive test for the use of a controlled substance under
par. (c) is not eligible to participate in a department program subject to s.
49.162,
Stats., for a period of 12 months.
(9) TESTING FOR USE OF A CONTROLLED SUBSTANCE
AT THE CONCLUSION OF REQUIRED TREATMENT.
(a)
All individuals participating in treatment under this section shall undergo
testing for use of a controlled substance at the completion of the treatment
program.
(b) If an individual tests
negative for the use of a controlled substance, or tests positive for the use
of a controlled substance but presents evidence of a valid prescription for
each controlled substance for which the individual tests positive, the
individual will have satisfactorily completed the treatment and testing
requirements under this section and may participate in a work experience
program without further screening, testing, or treatment.
(c) An individual who refuses a test or tests
positive for use of a controlled substance at the completion of controlled
substance abuse treatment without presenting evidence of a valid prescription
for each controlled substance for which the individual tests positive is not
eligible to participate in a work experience program administered by the
department for a period of 12 months.
(10) PARTICIPATION IN WORK EXPERIENCE PROGRAM
ACTIVITIES WHILE IN TREATMENT. An administering agency may place individuals in
program activities during treatment if program activities will not interfere
with participation in treatment. An individual who is not in treatment
following a positive test during treatment or a refusal to participate and
prior to re-entering treatment may not participate in program activities until
the individual re-enters treatment.
