Wis. Admin. Code Department of Health Services DHS 62.07 - Assessments and driver safety plans
(1) GENERAL
ASSESSMENT AND DRIVER SAFETY PLAN PROVISIONS.
(a) The assessment facility shall complete
and submit the intoxicated driver assessment and driver safety plan to the
Wisconsin department of transportation; the designated coordinator; the driver
safety plan provider; and the client within 14 calendar days of an order by the
court or by the Wisconsin department of transportation for an assessment and
driver safety plan, or voluntary submission of an individual for an assessment
and driver safety plan. The assessment facility shall obtain the client's
informed written consent to release information before the assessment and
driver safety plan are submitted to the parties specified and ensure that the
assessment findings and the driver safety plan are restricted for use only by
these parties.
(b) The assessment
facility and the client may make a written request to the designated
coordinator for an extension of up to 20 additional working days of the time
for completing and submitting an assessment and driver safety plan as required
under par. (a). The designated coordinator shall notify the department of
transportation upon granting an extension.
Note: The requirements for completing and distributing the assessment and driver safety plan that is set forth under par. (a), including the specified time limits, are mandated by the legislature under s. 343.30(1q) (c) 3, Stats.
(c) Driver safety plan
recommendations shall be supported by assessment findings, documented on form
MV 3633, Driver Safety Plan Order, and made in accordance with the policies and
procedures established by the assessment facility under s.
DHS 62.05(1)
(a).
Note: Copies of form MV 3633, Driver Safety Plan Order can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.
(d) Unless amended under sub. (7), driver
safety plans shall have a termination date that is no longer than one year from
the date of the client's signature on the driver safety plan.
(e) Each client shall be permitted and
encouraged to participate in the development of the client's driver safety plan
and selection of an appropriate plan provider.
(f) The driver safety plan shall be signed
and dated by the client, stating that the client has reviewed the plan and is
aware of the plan.
(g) Each driver
safety plan shall designate one or more driver safety plan providers.
(h) A driver safety plan recommending
treatment under sub. (5) (b) to (d) shall recommend the least restrictive
treatment. The screening procedures under s.
DHS
75.03(10) may be used to develop the
driver safety plan recommendation if the finding is one of the findings in sub.
(4) (b) 2. to 5.
(i) Driver safety
plans may include an assessor's recommendation for driver licensing action only
as it relates to a client's use of alcohol or other drugs. Driver safety plans
may include a recommendation for license denial until plan completion if there
is a documented reason to believe the client will not participate in the driver
safety plan to completion or that the client will drive while
intoxicated.
(2) CONDUCTING AN ASSESSMENT. Only an
intoxicated driver assessor may conduct assessments and develop driver safety
plans. The assessment facility shall follow the board's procedures for
registering clients and notify the client orally and in writing of all of the
following before conducting an assessment:
(a)
The appeal procedures under s.
DHS
62.15.
(b)
Applicable policies of the assessment facility.
(c) The client's liability for fees under s.
DHS
62.11.
Note: Board registration procedures can be found in the board's information system manuals, handbooks and policy directives.
(3)
METHOD OF ASSESSMENT.
(a) The principal method
for assessment shall be a personal interview with the client using the
Wisconsin assessment of the impaired driver tool. The WAID may not be copied or
distributed.
(b) Assessments may
include information provided by other persons; review of relevant records or
reports on the client; an interview using substance use disorder diagnostic
criteria; an approved mental health screening tool; and additional
information-gathering measures, instruments, and tests, including alcohol or
drug testing, or lab tests deemed to be clinically useful and approved by the
designated coordinator.
(4) ASSESSMENT FINDINGS.
(a) Assessment findings shall be documented
on form MV 3634, Order for Assessment and Driver Safety Plan Report, and
include all of the following:
1. The
applicable assessment finding as specified in par. (b) and a description of the
information and WAID criteria that support the finding.
2. A description of the evaluation
instruments applied during the assessments.
3. A description of any supplemental
information obtained during the assessment.
(b) Assessment findings shall be any one of
the following:
1. Irresponsible use of
alcohol, controlled substance, controlled substance analog, or other
drug.
2. Irresponsible
use-borderline of alcohol, controlled substance, controlled substance analog,
or other drug.
3. Suspected
alcohol, controlled substance, controlled substance analog, or other drug
dependency.
4. Alcohol, controlled
substance, controlled substance analog or other drug dependency.
5. Alcohol, controlled substance, controlled
substance analog or other drug dependency in remission.
Note: Copies of form MV 3634, Order for Assessment and Driver Safety Plan Report can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.
(5) DRIVER SAFETY PLAN
RECOMMENDATIONS.
(a)
Traffic safety
education recommendations.
1.
'Finding of irresponsible use.' If an assessment finding for a client is
irresponsible use of alcohol, a controlled substance, a controlled substance
analog, or other drug, the driver safety plan recommendation shall be any one
of the following:
a. Group dynamic traffic
safety program, if the assessment is for a first offense.
b. Multiple offender traffic safety program,
if the assessment is for a second offense.
c. Alternative education. Alternative
education driver safety plan recommendations shall have the prior approval of
the local traffic safety school coordinator and the designated coordinator in
the client's county of residence. If alternative education is approved for a
client who does not have a language barrier, literacy barrier, developmental
disability, mental illness, or cognitive deficit, the alternative education
program shall be comparable to the appropriate group dynamic traffic safety
program or multiple offender traffic safety program as it pertains to purpose,
content, instructor qualifications, and hours as prescribed under s.
DHS
75.16(5). If the traffic safety
school coordinator and the designated coordinator disagree regarding a referral
to alternative education, the designated coordinator shall make a written
request to the department for mediation.
Note: A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851.
2. 'Finding of irresponsible
use-borderline.' If the assessment finding for a client is irresponsible
use-borderline of alcohol, a controlled substance, controlled substance analog,
or other drug, the driver safety plan recommendation may be any one of the
following:
a. Group dynamic traffic safety
program, if the assessment is for a first offense.
b. Multiple offender traffic safety program,
if the assessment is for a second offense.
c. Alternative education. Driver safety plans
recommending alternative education shall be approved by the local traffic
safety school coordinator and the designated coordinator in the client's county
of residence. If alternative education is approved for a client who does not
have a language barrier, literacy barrier, developmental disability, mental
illness, or cognitive deficit, the alternative education program shall be
comparable to the appropriate group dynamic traffic safety program or multiple
offender traffic safety program as it pertains to purpose, content, instructor
qualifications, and hours as prescribed under s.
DHS
75.16(5). If the traffic safety
school coordinator and the designated coordinator disagree regarding a referral
to alternative education, the designated coordinator shall make a written
request to the department for mediation.
Note: A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851.
(b)
Treatment
and other service recommendations.
1.
'Finding of irresponsible use-borderline.' If the assessment finding for a
client is irresponsible use-borderline of alcohol, a controlled substance,
controlled substance analog, or other drug, the driver safety plan may
recommend short-term outpatient substance abuse treatment under s.
DHS
75.13.
2.
'Finding of suspected dependency.' If the assessment finding for a client is
suspected alcohol, controlled substance, controlled substance analog, or other
drug dependency, the driver safety plan shall recommend substance abuse
treatment, including an evaluation of the appropriateness of
medication-assisted treatment, that does not include residential or inpatient
services under s.
DHS
75.10,
75.11, or
75.14.
3. 'Finding of dependency.' If the assessment
finding for a client is alcohol, controlled substance, controlled substance
analog, or other drug dependency, the driver safety plan shall recommend
substance abuse treatment, including an evaluation of the appropriateness of
medication-assisted treatment, under ss.
DHS
75.10 to
75.15. If residential or inpatient
services are recommended, the residential or inpatient services may not exceed
30 days.
4. 'Finding of dependency
in remission.' If the assessment finding for a client is suspected alcohol,
controlled substance, controlled substance analog, or other drug dependency in
remission, the driver safety plan shall recommend substance abuse treatment,
including an evaluation of the appropriateness of medication-assisted
treatment.
(c)
Recommendations for traffic safety school and treatment. A
driver safety plan may recommend a combination of traffic safety school and
treatment for assessment findings specified under sub. (4) (b) 2. to
5.
(d)
Other
recommendations. In addition to the recommendations under pars. (a) to
(c), a driver safety plan may recommend any of the following:
1. Victim impact panel involvement. "Victim
impact panel" means a component of a driver safety plan that is designed to
create awareness in the client of the effects of his or her offense on a victim
and the victim's family.
2. Case
management as described under s.
DHS
75.16(6) if a treatment service is
also recommended.
3. Intensive
supervision as described under s.
DHS
75.16(7) if a treatment service is
also recommended.
4. Mental health
or psychiatric evaluation or services. Mental health or psychiatric evaluation
or services recommendations shall have the prior authorization of a licensed
psychiatrist, psychologist, clinical social worker, marriage and family
therapist, professional counselor, or a master's level psychiatric advanced
practice nurse.
5. Follow-up
interviews with the assessment facility for clients who may need to be
re-evaluated because of the validity of the client's responses during the
initial assessment, the adequacy of a client's driver safety plan, or a driver
safety plan recommendation for reassessment.
(6) REFERRALS.
(a)
Information to the
client. Before a client is referred to a plan provider, the assessment
facility shall do all of the following:
1.
Give the client a list of approved driver safety plan providers that are
located in the geographic area served by the board to assist the client in
choosing a plan provider. The client shall be asked to acknowledge in writing
that the client has been given information about approved driver safety plan
providers.
2. Give the client
information about the client's responsibilities under s.
DHS
62.10 and the fee information for assessment and
driver safety plan programs under s.
DHS
62.11.
3.
Ensure that the assessment findings and the driver safety plan information that
will be distributed to a plan provider is the same information distributed to
the client.
(b)
Non-resident drivers. Clients who are non-residents of
Wisconsin shall be referred to a comparable intoxicated driver assessment and
driver safety plan program in the person's state of residence. The client shall
request that the assessment agency in the client's state of residence furnish
verification of compliance with the assessment to the Wisconsin department of
transportation within 60 days after the date of conviction. The client shall
have up to one year after the date of their original assessment to comply with
the driver safety plan, unless an extension is requested under sub. (7)
(c).
(c)
Notification to
plan providers. When a client is referred to a driver safety plan
provider, the assessment facility shall do all of the following:
1. Provide a copy of the assessment findings
and driver safety plan to each plan provider designated under the driver safety
plan.
2. If the driver safety plan
provider provides a treatment service under ss.
DHS
75.10 to
75.15, the plan provider shall be
notified of all of the following:
a. That the
client is to be evaluated so that the client's treatment plan may be
individualized as directed by s. 51.45(9) (d), Stats., and s.
DHS
75.03(13).
b. That the use of self-help groups such as
Alcoholics Anonymous, Narcotics Anonymous or Women for Sobriety are permitted
to supplement the individualized treatment plan services for clients with
assessment findings listed under sub. (4) (b) 3. to 5. Participation in any one
of these activities may not be a required element of an individualized
treatment plan, nor may lack of participation be used as a basis for filing a
noncompliance report.
c. The
process under which the driver safety plan may be updated or amended.
(7) DRIVER
SAFETY PLAN AMENDMENTS.
(a) A driver safety
plan may be amended within the one year driver safety plan time period under
any one of the following circumstances:
1. The
assessment facility, a plan provider, or an ignition interlock device report
identifies additional information that may warrant a reassessment or additional
driver safety plan services.
2. An
individualized treatment plan becomes substantially different from the driver
safety plan.
3. The driver safety
plan is not completed within the one-year driver safety plan time period and an
extension is granted by the Wisconsin department of transportation.
Note: Section 340.01(23v), Stats., defines "ignition interlock device" as a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited alcohol concentration.
(b) Amended plans require informed written
client consent to release information. A client may appeal under s.
DHS
62.15 if the client disagrees with the amended
plan.
(c) Amended plans must stay
within the one year driver safety plan time period from the original assessment
unless an extension has been granted by the Wisconsin department of
transportation. An extension of the one year driver safety plan period shall be
requested by the assessment facility before expiration of the client's one year
driver safety plan period.
(d) If
one year has lapsed since the original assessment and the driver safety plan is
not completed, a reassessment of the client shall be conducted and a new driver
safety plan period, not to exceed one year, begins with the
reassessment.
(e) Amended
assessment and driver safety plan reports shall be submitted to the parties
listed under sub. (1)(b).
Notes
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