Section DHS 38.05 - Requiring a test for the use of a controlled substance(1) WHO MAY BE REQUIRED TO UNDERGO DRUG TESTING. An individual whose answers on the screening questionnaire indicate possible use of a controlled substance without a prescription order shall be required to undergo a test for the use of a controlled substance.(2) NATURE OF TESTING REQUIRED. Testing shall consist of laboratory analysis of a specimen collected from an individual, by a qualified drug testing vendor or provider approved by the department, in a manner specified by the department that is consistent with guidelines from the U.S. department of health and human services. A qualified drug testing vendor shall analyze the specimen for the presence of controlled substances specified by the department.(3) CONTRACT FOR TESTING SERVICES. Subject to the department's approval, the administering agency may contract with a qualified trauma-informed drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, provide review by a medical review officer, and document and report test results to the administering agency. The department may require the use of a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.(4) REFUSAL TO SUBMIT TO A TEST. The following shall constitute a refusal to submit to a test by an individual: (a) Failure or refusal to appear for a scheduled drug test without good cause.(b) Failure or refusal to complete a form or release of information required for testing, including those required by the drug-testing vendor that permit the drug-testing vendor to report test results to the department or administering agency.(c) Failure or refusal to provide a valid specimen for testing.(d) Failure or refusal to provide verification of identity to the testing vendor.(5) EFFECT OF REFUSAL TO SUBMIT TO A TEST. An individual who refuses to submit to a drug test, as provided in sub. (4), shall be ineligible to participate in the employment and training program until the individual agrees to be tested under sub. (2) for the use of a controlled substance, and test results have been reported. The administering agency may direct an individual who has refused to submit to a test and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the individual agrees to submit to a test. The individual may not participate in an employment and training program until the individual undergoes a test for the use of a controlled substance and test results have been reported to the administering agency.(6) REQUIREMENT FOR A CONFIRMATION TEST. If an individual tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial positive drug test. All test results that are non-negative shall be interpreted by a drug testing vendor's medical review officer who shall be responsible for determining the presence of a controlled substance, as provided in sub. (2).(7) ACCEPTING TEST RESULTS FROM ANOTHER PROGRAM. Results of a drug test performed by administering agency for the purpose of FoodShare eligibility or another state program, including a work experience program under ss. 49.162, 49.36, or 108.133, Stats., an income and maintenance program under s. 49.45(23) (g), Stats., or a drug test carried out by the Wisconsin department of corrections, or other drug testing providers as approved by the department can be used by an administering agency to determine whether to refer an individual to treatment if the prior test results are provided directly to the administering agency, all the controlled substances required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.(8) EFFECT OF A NEGATIVE TEST. An individual who undergoes a test for the use of a controlled substance under s. DHS 38.05 and tests negative for use of a controlled substance, or tests positive for use of a controlled substance but upon request provides to the administering agency a prescription for each controlled substance for which the individual tested positive, may participate in an employment and training program.(9) EFFECT OF A POSITIVE TEST. An individual whose test results are positive for a controlled substance and who fails to provide a valid prescription for the controlled substance shall be required to participate in treatment under s. DHS 38.06.(10) EXCEPTION OF TESTING REQUIREMENTS. Individuals may forego initial drug testing requirements under this chapter if they indicate in their drug screening questionnaire that they are ready to enter treatment.Wis. Admin. Code Department of Health Services DHS 38.05
Adopted by, CR 17-005: cr. Register May 2018 No. 749, eff. 6/1/2018