Section 105.06. Requiring participation in treatment.

 

(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 i nd i vidual t o part i cipa t e in a work exper i ence program when t rea t ment is not needed or the i n d i vidual 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.

History: EmR1523 : emerg. cr., eff. 11-9-15; CR 15-091 : cr. Register June 2016 No. 726 , eff. 7-1-16; correction in (8) (b) made under s. 13.92 (4) (b) 7. , Stats., Register June 2016 .