Section DHS 35.18 - Consent for outpatient mental health services(1) If a clinic determines that a consumer is appropriate for receiving outpatient mental health services through the clinic, the clinic shall inform the consumer or the consumer's legal representative of the results of the assessment. In addition, the clinic shall inform the consumer or the consumer's legal representative, orally and in writing, of all of the following: (b) Treatment alternatives.(c) Possible outcomes and side effects of treatment recommended in the treatment plan. (d) Treatment recommendations and benefits of the treatment recommendations.(e) Approximate duration and desired outcome of treatment recommended in the treatment plan.(f) The rights of a consumer receiving outpatient mental health services, including the consumer's rights and responsibilities in the development and implementation of an individual treatment plan.(g) The outpatient mental health services that will be offered under the treatment plan.(h) The fees that the consumer or responsible party will be expected to pay for the proposed services. Note: Consumers receiving Medicaid covered services may not be charged any amount in connection with services other than the applicable cost share, if any, specified by the Wisconsin Medicaid Program.
(i) How to use the clinic's grievance procedure under ch. DHS 94.(j) The means by which a consumer may obtain emergency mental health services during periods outside the normal operating hours of the clinic.(k) The clinic's discharge policy, including circumstances under which a patient may be involuntarily discharged for inability to pay or for behavior reasonably the result of mental health symptoms.(2) If a consumer wishes to receive services through the clinic, the consumer or the consumer's legal representative, where the consent of the legal representative is required for treatment, shall sign a clinic form to indicate the consumer's informed consent to receive outpatient mental health services.(3) If a consumer is prescribed medication as part of the consumer's treatment plan developed under s. DHS 35.19(1), the clinic shall obtain a separate consent that indicates that the prescriber has explained to the consumer, or the consumer's legal representative, if the legal representative's consent is required, the nature, risks and benefits of the medication and that the consumer, or legal representative, understands the explanation and consents to the use of the medication.(4) The consent to outpatient mental health services shall be renewed in accordance with s. DHS 94.03(1) (f).Wis. Admin. Code Department of Health Services § DHS 35.18
CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09. The consent of the patient or legal representative is not required where treatment is ordered pursuant to a court order for involuntary commitment order.