Section 154.06. Requiring participation in treatment.

 

(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.

History: EmR1612 : emerg. cr. eff. 3-17-16; CR 16-022 : cr. Register July 2016 No. 727 , eff. 8-1-16.