Wisconsin Administrative Code
Department of Health Services
DHS 30-100 - Community Services
Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs
Section DHS 38.02 - Definitions

(1) "Able-bodied adult" has the meaning given in s. 49.79(1) (am), Stats.

(2) "Administering agency" means an administrative agency within the executive branch under ch. 15, Stats., or an entity that contracts with the State such as, single county consortia under s. 49.78(1r), Stats.; multicounty consortia under s. 49.78(1) (br), Stats.; or a tribal governing body under s. 49.78(1) (cr), Stats.

(3) "Confirmation test" or "confirmed test" means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.

(4) "Controlled substance" or "substance" has the meaning given in s. 49.79(1) (b), Stats.

(5) "Department" means the department of health services.

(6) "Employment and training program" or "food stamp employment and training program" or "program" in this chapter has the meaning given in s. 49.79(9), Stats.

(7) "Food stamp program" has the meaning under s. 49.79(1) (c), Stats.

(8) "Individual" means an able-bodied adult who is subject to the work requirements specified in s. 49.79(10) (a), Stats., and intends on meeting the work requirements through participation in the food stamp employment and training program.

(9) "Medical review officer" means a licensed medical provider employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate an individual's positive test result in relation to the individual's medical history and valid prescriptions.

(10) "Metabolite" means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

(11) "Prescription" means a current order for a controlled substance that indicates the specific regimen and duration of the order, and that is transmitted electronically or in writing by an individual authorized in this state to order the controlled substance.

(12) "Qualified drug testing vendor" means a laboratory certified by the centers for medicare & medicaid services under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) 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.

Note: For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/. To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: https://www.dhs.wisconsin.gov/regulations/index.htm

(13) "Screening" means completion of a questionnaire specified by the department, regarding the individual's current and prior use of controlled substances.

(14) "Specimen" means tissue, fluid, or a product of the human body required to be submitted by an individual for testing under this chapter.

(15) "Trauma-informed" means operationalizing the understanding of the science of Adverse Childhood Experiences (ACEs), toxic stress, trauma, and resilience into organizational culture, policies, programs and practices. Operationalizing TIC means an adherence to trauma-informed principles such as safety, trustworthiness and transparency, peer support, collaboration and mutuality, empowerment, and cultural, historical, and gender issues.

Note: "TIC" refers to trauma-informed care.

(16) "Treatment" means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding treatment services, recovery and case management, crisis intervention, education, employment, and problem resolution in life skills functioning.

(17) "Treatment program" means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, a narcotic treatment service for opiate addiction under s. DHS 75.15, or psychosocial rehabilitation services as approved by the department.

(18) "Treatment provider" or "provider" means a provider of treatment services for controlled substance abuse certified by the department under the provisions of ch. DHS 75, a provider certified under s. 440.88, Stats., or other licensed professional who meets the requirements of ch. SPS 161.