Current through August 26, 2024
(1) WHO MAY BE
REQUIRED TO PARTICIPATE IN TREATMENT. Every person who undergoes a test under
s.
DCF 154.05 and tests positive for the use of a controlled
substance without presenting evidence satisfactory to the administering agency
that the individual possesses a valid prescription for each controlled
substance for which the individual tests positive, 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
person required to participate in treatment about treatment providers and
county-specific assessment and enrollment activities required for entry into
treatment. The administering agency shall monitor the person's progress in
entering and completing treatment and the results of any random testing for the
use of a controlled substance carried out during or 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 a person does not need treatment, the provider shall notify
the administering agency of its determination.
(b) If a treatment provider determines a
person is in need of treatment, the provider shall refer the person 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 a person is in need of treatment but is unable to refer the
person because there is a waiting list for enrollment in appropriate treatment
programs, the provider shall notify the administering agency when the person is
expected to be enrolled.
(4) ELIGIBILITY OF A PERSON TO PARTICIPATE IN
A WORK EXPERIENCE PROGRAM WHEN TREATMENT IS NOT NEEDED OR THE PERSON IS PLACED
ON A WAITING LIST.
(a) A person 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 for
the use of a controlled substance.
(b) A person 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 person is
not eligible for immediate enrollment in any other appropriate treatment
program.
(5) SATISFYING
THE REQUIREMENT TO PARTICIPATE IN TREATMENT THROUGH PARTICIPATION IN ANOTHER
TREATMENT PROGRAM. An administering agency shall accept current participation
in a treatment program to satisfy the requirements of this section. The person
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. A
person refuses to participate in treatment if the person does any of the
following:
(a) Fails or refuses to complete
any form or release required for program administration, including those
required by the treatment provider in order to share information with the
administering agency about the person's participation in treatment.
(b) Fails or refuses to participate in any
controlled substance testing 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, a person 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) A person 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 any department
program subject to s.
49.162,
Stats., for a period of 12 months. The administering agency shall inform the
clerk of courts by affidavit that the person is not eligible to participate in
any program subject to s.
49.162,
Stats., for a period of 12 months because the person did not re-enter treatment
within 30 days of a refusal to participate or the person refused a second time
to participate in treatment.
(8) CONTROLLED SUBSTANCE TESTING DURING
REQUIRED TREATMENT.
(a) A person 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) A person 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 person 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 person's re-entry into treatment based on an
assessment of the person's treatment needs at the time the person re-enters
treatment. Based on its assessment, the provider may take any of the actions
described in sub. (3).
(c) A person
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 presenting
evidence of a valid prescription for the controlled substance shall be reported
to the administering agency and shall result in the person being ineligible to
participate in a work experience program.
(d) A person who is determined to be
ineligible to participate in a work experience program as a result of a second
positive test during treatment for the use of a controlled substance under par.
(c) is not eligible to participate in any department program subject to s.
49.162,
Stats., for a period of 12 months. The administering agency shall inform the
clerk of courts by affidavit that the person is not eligible to participate any
program subject to s.
49.162,
Stats., for a period of 12 months as a result of a second positive test during
treatment.
(9) TESTING
FOR USE OF A CONTROLLED SUBSTANCE AT THE CONCLUSION OF REQUIRED TREATMENT.
(a) All persons participating in treatment
under this section shall undergo testing for use of a controlled substance at
the completion of the treatment program.
(b) If a person tests negative for the use of
a controlled substance, or tests positive for the use of a controlled substance
but presents evidence satisfactory to the administering agency that the person
possesses a valid prescription for each controlled substance for which the
person tests positive, the person 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 for
the use of a controlled substance.
(c) A person who refuses a test or tests
positive for use of a controlled substance at the completion of treatment
without presenting evidence satisfactory to the administering agency that the
person possesses a valid prescription for each controlled substance for which
the person tests positive is not eligible to participate in any program subject
to s.
49.162,
Stats., for a period of 12 months. The administering agency shall inform the
clerk of courts by affidavit that the person is not eligible to participate in
any work experience program administered by the department for a period of 12
months as a result of a positive test at the conclusion of treatment.
(10) PARTICIPATION IN WORK
EXPERIENCE PROGRAM ACTIVITIES WHILE IN TREATMENT. An administering agency may
place a person in program activities during treatment if program activities
will not interfere with the person's participation in treatment. A person who
is not in treatment following a positive test during treatment or a refusal to
participate may not participate in program activities until the person
re-enters treatment.
