Section DHS 36.10 - Personnel policies(1) DEFINITIONS. In this section, "supervised clinical experience" means a minimum of one hour of supervision per week by one or more staff members who meet the qualifications under sub. (2) (g) 1. to 8.(2) POLICIES. The CCS shall have and implement written personnel policies and procedures that ensure all of the following: (a)Discrimination prohibited. Employment practices of the CCS or any agency contracting or subcontracting with the CCS do not discriminate against any staff member or applicant for employment based on the individual's age, race, religion, color, sexual orientation, national origin, disability, ancestry, marital status, pregnancy or childbirth, or arrest or conviction record.(b)Credentials.Staff members have the professional certification, training, experience and abilities to carry out prescribed duties.(c)Background checks and misconduct reporting and investigation. CCS and contracting agency compliance with the caregiver background check and misconduct reporting requirements in s. 50.065, Stats., and ch. DHS 12, and the caregiver misconduct reporting and investigation requirements in ch. DHS 13. Note: Forms for conducting a caregiver background check including the background information disclosure form may be obtained from the Department's website at http://www.dhs.wisconsin.gov/forms/DQAnum.asp [File Link Not Available] or by writing or telephoning the Department at Office of Caregiver Quality, P.O. Box 2969, Madison, WI 53701-2969, (608) 261-8319.
(d)Staff records. Staff member records are maintained and include all of the following: 1. References for job applicants obtained from at least 2 people, including previous employers, educators or post-secondary educational institutions attended if available, and documented either by letter or verification of verbal contact with the reference, dates of contact, person making the contact, individuals contacted and nature and content of the contact.2. Confirmation of an applicant's current professional license or certification, if that license or certification is necessary for the staff member's prescribed duties or position.3. The results of the caregiver background check conducted in compliance with par. (c), including a completed background information disclosure form for every background check conducted, and the results of any subsequent investigation related to the information obtained from the background check.(e)Staff functions. The CCS has the appropriate number of staff to operate the CCS in accordance with the CCS plan, this chapter, and applicable state and federal law. One or more staff members shall be designated to perform all of the following functions: 1. Mental health professional and substance abuse professional functions. The responsibilities of a mental health professional and a substance abuse professional shall include the responsibilities required under ss. DHS 36.16(2) and (7) and 36.17(5) (b) 4. Only a mental health professional may fulfill the responsibilities under s. DHS 36.15.2. Administrator functions. A staff member designated to perform these functions shall have the qualifications listed under par. (g) 1. to 14. whose responsibilities shall include overall responsibility for the CCS, including compliance with this chapter and other applicable state and federal regulations and developing and implementing policies and procedures.3. Service director functions. A staff member designated to perform these functions shall have the qualifications listed under par. (g) 1. to 8. whose responsibilities shall include responsibility for the quality of the services provided to consumers and day-to day consultation to CCS staff.4. Service facilitation functions. A staff member designated to perform these functions shall have the qualifications listed under par. (g) 1. to 21., whose responsibilities shall include ensuring that the service plan and service delivery for each consumer is integrated, coordinated and monitored, and is designed to support the consumer in a manner that helps the consumer to achieve the highest possible level of independent functioning. The responsibilities of a service facilitator shall include the responsibilities required under ss. DHS 36.16(2) and 36.19.(f)Supervision and clinical collaboration. Supervision and clinical collaboration of staff shall meet the requirements in s. DHS 36.11.(g)Minimum qualifications. Each staff member shall have the interpersonal skills training and experience needed to perform the staff member's assigned functions and each staff member who provides psychosocial rehabilitation services shall meet the following minimum qualifications: 1. Psychiatrists shall be physicians licensed under ch. 448, Stats., to practice medicine and surgery and shall have completed 3 years of residency training in psychiatry, child or adolescent psychiatry, or geriatric psychiatry in a program approved by the accreditation council for graduate medical education and be either board-certified or eligible for certification by the American board of psychiatry and neurology.2. Physicians shall be persons licensed under ch. 448, Stats., to practice medicine and surgery who have knowledge and experience related to mental disorders of adults or children; or, who are certified in addiction medicine by the American society of addiction medicine, certified in addiction psychiatry by the American board of psychiatry and neurology or otherwise knowledgeable in the practice of addiction medicine.3. Psychiatric residents shall hold a doctoral degree in medicine as a medical doctor or doctor of osteopathy and shall have successfully completed 1500 hours of supervised clinical experience as documented by the program director of a psychiatric residency program accredited by the accreditation council for graduate medical education.4. Psychologists shall be licensed under ch. 455, Stats., and shall be listed or meet the requirements for listing with the national register of health service providers in psychology or have a minimum of one year of supervised post-doctoral clinical experience related directly to the assessment and treatment of individuals with mental disorders or substance-use disorders.5. Licensed independent clinical social workers shall meet the qualifications established in ch. 457, Stats., and be licensed by the examining board of social workers, marriage and family therapists and professional counselors with 3000 hours of supervised clinical experience where the majority of clients are children or adults with mental disorders or substance-use disorders.6. Professional counselors and marriage and family therapists shall meet the qualifications required established in ch. 457, Stats., and be licensed by the examining board of social workers, marriage and family therapists and professional counselors with 3000 hours of supervised clinical experience where the majority of clients are children or adults with mental disorders or substance-use disorders.7. Adult psychiatric and mental health nurse practitioners, family psychiatric and mental health nurse practitioners or clinical specialists in adult psychiatric and mental health nursing shall be board certified by the American Nurses Credentialing Center, hold a current license as a registered nurse under ch. 441, Stats., have completed 3000 hours of supervised clinical experience; hold a master's degree from a national league for nursing accredited graduate school of nursing; have the ability to apply theoretical principles of advanced practice psychiatric mental health nursing practice consistent with American Nurses Association scope and standards for advanced psychiatric nursing practice in mental health nursing from a graduate school of nursing accredited by the national league for nursing.8.a. Advanced practice nurse prescribers shall be adult psychiatric and mental health nurse practitioners, family psychiatric and mental health nurse practitioners or clinical specialists in adult psychiatric and mental health nursing who are board certified by the American Nurses Credentialing Center; hold a current license as a registered nurse under ch. 441, Stats.; have completed1500 hours of supervised clinical experience in a mental health environment; have completed 650 hours of supervised prescribing experience with clients with mental illness and the ability to apply relevant theoretical principles of advance psychiatric or mental health nursing practice; and hold a master's degree in mental health nursing from a graduate school of nursing from an approved college or university.b. Advanced practice nurses are not qualified to provide psychotherapy unless they also have completed 3000 hours of supervised clinical psychotherapy experience.9. Certified social workers, certified advance practice social workers and certified independent social workers shall meet the qualifications established in ch. 457, Stats., and related administrative rules, and have received certification by the examining board of social workers, marriage and family therapists and professional counselors.10. Psychology residents shall hold a doctoral degree in psychology meeting the requirements of s. 455.04(1) (c), Stats., and shall have successfully completed 1500 hours of supervised clinical experience as documented by the Wisconsin psychology examining board.11. Physician assistants shall be certified and registered pursuant to ss. 448.05 and 448.07, Stats., and chs. Med 8 and 14.12. Registered nurses shall be licensed under ch. 441, Stats.,13. Occupational therapists shall be licensed and shall meet the requirements of s. 448.963(2), Stats.14. Master's level clinicians shall have a master's degree and coursework in areas directly related to providing mental health services including master's in clinical psychology, psychology, school or educational psychology, rehabilitation psychology, counseling and guidance, counseling psychology or social work.15. Other professionals shall have at least a bachelor's degree in a relevant area of education or human services.16. Alcohol and drug abuse counselors shall be certified by the department of safety and professional services. Note: Persons previously referred to as "alcohol and drug abuse counselors" are referred to as "substance abuse professionals" in department of safety and professional service rules.
17. Specialists in specific areas of therapeutic assistance, such as recreational and music therapists, shall have complied with the appropriate certification or registration procedures for their profession as required by state statute or administrative rule or the governing body regulating their profession.18. Certified occupational therapy assistants shall be licensed and meet the requirements of s. 448.963(3), Stats.19. Licensed practical nurses shall be licensed under ch. 441, Stats..20. A peer specialist, meaning a staff person who is at least 18 years old, shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, consumer confidentiality, a demonstrated aptitude for working with peers, and a self-identified mental disorder or substance use disorder.21. A rehabilitation worker, meaning a staff person working under the direction of a licensed mental health professional or substance abuse professional in the implementation of rehabilitative mental health, substance use disorder services as identified in the consumer's individual treatment plan who is at least 18 years old shall have successfully completed 30 hours of training during the past two years in recovery concepts, consumer rights, consumer-centered individual treatment planning, mental illness, co-occurring mental illness and substance abuse, psychotropic medications and side effects, functional assessment, local community resources, adult vulnerability, and consumer confidentiality.22. Clinical students shall be currently enrolled in an accredited academic institution and working toward a degree in a professional area identified in this subsection and providing services to the CCS under the supervision of a staff member who meets the qualifications under this subsection for that staff member's professional area.(3) VOLUNTEERS. A CCS may use volunteers to support the activities of staff members. Before a volunteer may work independently with a consumer or family member, the CCS shall conduct a background check on the volunteer. Each volunteer shall be supervised by a staff member qualified under sub. (2) (g) 1. to 17. and receive orientation and training under the requirements of s. DHS 36.12.(4) DOCUMENTATION OF QUALIFICATIONS. Documentation of staff qualifications shall be available for review by consumers and parents or legal representatives of consumers if parental or legal representative consent to treatment is required.Wis. Admin. Code Department of Health Services DHS 36.10
CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (2) (g) 16. made under s. 13.92(4) (b) 6, Stats., Register February 2014 No. 698.