Wis. Admin. Code Department of Health Services 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.