State of Wisconsin Department of Regulation & Licensing
Ensuring the availability of safe and competent professional services
Secretary Celia Jackson
 Secretary Jackson
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Substance Abuse Advisory Committee - Code Book

Excerpts from the Wisconsin Statutes

Chapter 15 Structure of the Executive Branch
   15.001 Declaration of policy
   15.01 Definitions
   15.02 Offices, departments and independent agencies
   15.03 Attachment for limited purposes
   15.04 Heads of departments and independent agencies; powers and duties
   15.05 Secretaries
   15.06 Commissions and commissioners
   15.07 Boards
   15.08 Examining boards and councils
   15.085 Affiliated credentialing boards
   15.09 Councils
   15.40 Department of regulation and licensing; creation
   15.405 Same; attached boards and examining boards
   15.406 Same; attached affiliated credentialing boards
   15.407 Same; councils

Chapter 19 General Duties of Public Officials - Subchapter II Public Records and Property
    19.34 Procedural information

Chapter 48 Children's Code

   Subchapter III - Jurisdiction
   48.13 Jurisdiction over children alleged to be in need of protection or services.
   48.133 Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.
   48.135 Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.
   48.14 Jurisdiction over other matters relating to children.
   48.15 Jurisdiction of other courts to determine legal custody.
   48.16 Jurisdiction of over petitions for waiver of parental consent to a minor's abortion.
   48.185 Venue.

 Subchapter IV - Holding a Child or and Expectant Mother in Custody
   48.19 Taking a child into custody.
   48.193 Taking an adult expectant mother into custody.
   48.195 Taking a newborn child into custody.
   48.20 Release or delivery of child from custody.
   48.203 Release or delivery of adult expectant mother from custody.
   48.205 Criteria for holding a child or expectant mother in physical custody.
   48.207 Places where a child or expectant mother may be held in nonsecure custody.
   48.208 Criteria for holding a child in a secure detention facility.
   48.209 Criteria for holding a child in a county jail.
   48.21 Hearing for child in custody.
   48.213 Hearing for adult expectant mother in cusotdy.
   48.215 Mother - young child care program.
   48.227 Runaway homes.
   48.23 Right to counsel.
   48.235 Guardian ad litem.
   48.236 Court-appointed special advocate.

   Subchapter V - Procedure
   48.24 Receipt of jurisdictional information; intake inquiry.
   48.243 Basic rights; duty of intake worker.
   48.245 Informal disposition.
   48.25 Petition: authoization to file.
   48.255 Petition: form and content.
   48.257 Petition to initiate a procedure to waive parental consent prior to a minor's abortion.
   48.263 Amendment of petition.
   48.27 Notice; summons.
   48.273 Service of summons or notice; expense.
   48.275 Parents' contirbution to cost of court and legal services.
   48.28 Failure to obey summons; capias.
   48.29 Substitution of judge.
   48.293 Discovery.
   48.295 Physical, psychological, mental or developmental examination.
   48.297 Motions before trial.
   48.299 Procedures at hearings.
   48.30 Plea hearing.
   48.305 Hearing upon the involuntary removal of a child or expectant mother.
   48.31 Fact-finding hearing.
   48.315 Delays, continuances and extensions.
   48.317 Jeopardy.
   48.32 Consent decree.

   Subchapter VI - Disposition
   48.33 Court reports.
   48.335 Dispositional hearings.
   48.345 Disposition of child or unborn child of child expectant mother adjudged in need of protection or services.
   48.347 Disposition of unborn child of adult expectant mother adjudge in need of protection or services.
   48.35 Effect of judgment and disposition.
   48.355 Dispositional orders.
   48.356 Duty of court to warn.
   48.357 Change in placement.
   48.36 Payment for services.
   48.361 Payment for alcohol and other drug abuse services.
   48.362 Payment for certain special treament or care services.
   48.363 Revision of dispositional orders.
   48.365 Extension of orders.
   48.366 Extended court jurisdiction.
   48.37 Costs.
   48.371 Access to certain information by subsittution care provider.
   48.373 Medical authorization.
   48.375 Parental consent required prior to abortion; judicial waiver procedure.

   Subchapter IX - Jurisdiction Over Person 17 Or Older
   48.44 Jurisdiction over persons 17 or older.
   48.45 Orders applicable to adults.

   Subchaper XI - Authority
   48.48 Authority of department.
   48.485 Transfer of tribal children to department for adoption.
   48.52 Facilities for care of children and adult expectant mothers in care of department.
   48.547 Alcohol and other drug abuse program.
   48.548 Mulitidisciplinary screen and assessment criteria.
   48.55 State adoption information exchange and state adoption center.

   Subschapter XIII - Child Welfare Agencies
   48.599 Definitions.
   48.60 Child welfare agencies licensed.
   48.61 Powers and duties of child welfare agencies.
   48.615 Child welfare agency licensing fees.

   Subchapter XIV - Foster Homes and Treatment Foster Homes
   48.619 Definition.
   48.62 Licensing of foster homes and treament foster homes; rates.
   48.625 Licensing of group homes; fees.
   48.627 Foster, treatment foster and family - operated group home parent insurance and liability.
   48.63 Restrictions on placements.
   48.64 Placement of children in foster homes, treatment foster homes and group homes.

 Subchapter XVI - Licensing Procedures and Requirements for Child
    Welfare Agencies, Foster Homes, Treatment Foster homes, Group
    homes, Day Care Centers and County Departments

   48.66 Licensing duties of the department.
   48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments.
   48.675 Foster care education program.
   48.68 Investigation of applicant; issuing of license.
   48.685 Criminal hisotry and child abuse record search.
   48.69 Probationary licenses.
   48.70 Provisions of licenses.
   48.715 Sanctions and penalties.
   48.72 Appeal procedures.
   48.73 Inspection of licensees.
   48.735 Immunization requirements; day care centers.
   48.737 Lead screening, inspection and reduction requirements; day care centers.
   48.74 Authority of department to investigate alleged violations.
   48.745 Formal complaints regarding child welfare agencies and group homes.
   48.75 Foster homes and treament foster homes licensed by pubilc licensing agencies and by child welfare agencies.
   48.76 Penalties.
   48.77 Injunction against violations.

   Subchapter XVII - General Provisions on Records
   48.78 Confidentiality of records.

   Subchapter XX - Miscellaneous Provisions
   48.98 Interstate placement of children.
   48.981 Abused or neglected children and abused unborn children.
   48.982 Child abuse and neglect prevention board.
   48.985 Expenditure of federal child welfare funds.
   48.987 Earnings of self-supporting minors.
   48.988 Interstate compact on the placement of children.
   48.989 Interstate compact on the placement of children: additional procedure.
   48.9985 Interstate adoption agreements.

Chapter 51 - State Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act
   51.001 Legislative policy.
   51.01 Definitions.
   51.02 Council on mental health.
   51.03 Department; powers and duties.
   51.032 Denial and revocations of certification or approval based on tax delinquency.
   51.038 Outpatient mental health clinic certification.
   51.04 Treatment facility certification.
   51.05 Mental health institutes.
   51.06 Centers for the developmentally disabled.
   51.07 Outpatient services.
   51.08 Milwaukee County Mental Health Complex.
   51.09 County hospitals.
   51.10 Voluntary admission of adults.
   51.13 Admission of minors.
   51.14 Outpatient treatment of minors.
   51.15 Emergency detention.
   51.20 Involuntary commitment for treatment.
   51.22 Care and custody of persons.
   51.30 Records.
   51.35 Transfers and discharges.
   51.37 Criminal commitments; mental health institutes.
   51.375 Honesty testing of sex offenders.
   51.38 Nonresident patients on unauthorized absence.
   51.39 Resident patients on unauthorized absence.
   51.40 Residence of developmentally disabled or chronically mentally ill adults.
   51.42 Community mental health, developmental disabilities, alcoholism and
drug abuse services.

   51.421 Community support programs.
   51.423 Grants−in−aid.
   51.437 Developmental disabilities services.
   51.44 Early intervention services.
   51.45 Prevention and control of alcoholism.
   51.46 Priority for pregnant women for private treatment for alcohol or other drug
abuse.
   51.47 Alcohol and other drug abuse treatment for minors without parental consent.
   51.48 Alcohol and other drug testing, assessment, and treatment of minor without
minor’s consent.

   51.59 Incompetency not implied.
   51.61 Patients rights.
   51.62 Protection and advocacy system.
   51.63 Private pay for patients.
   51.64 Reports of death required; penalty; assessment.
   51.65 Segregation of tuberculosis patients.
   51.67 Alternate procedure; protective services.
   51.75 Interstate compact on mental health.
   51.76 Compact administrator.
   51.77 Transfer of patients.
   51.78 Supplementary agreements.
   51.79 Transmittal of copies.
   51.80 Patients’ rights.
   51.81 Uniform extradition of persons of unsound mind act; definitions.
   51.82 Delivery of certain nonresidents.
   51.83 Authentication of demand; discharge; costs.
   51.84 Limitation of time to commence proceeding.
   51.85 Interpretation.
   51.87 Interstate contracts for services under this chapter.
   51.90 Antidiscrimination.
   51.91 Supplemental aid.
   51.95 Short title.

Chapter 55 - Protective Service System
   55.001 Declaration of policy.
   55.01 Definitions.
   55.02 Protective service system; establishment.
   55.03 Status of guardian.
   55.04 Program responsibilities.
   55.043 County protective services agency.
   55.045 Funding.
   55.05 Protective services.
   55.06 Protective placement.
   55.07 Patients’rights.

Chapter 146 - Miscellaneous Health Provisions
   146.81 Health care records; definitions.
   146.815 Contents of certain patient health care records.
   146.817 Preservation of fetal monitor tracings and microfilm copies.
   146.819 Preservation or destruction of patient health care records.
   146.82 Confidentiality of patient health care records.
   146.83 Access to patient health care records.
   146.835 Parents denied physical placement rights.
   146.836 Applicability.
   146.84 Violations related to patient health care records.
   146.87 Federal registration numbers for prescribers of controlled substances.
   146.89 Volunteer health care provider program.
   146.905 Reduction in fees prohibited.
   146.91 Long−term care insurance.
   146.95 Patient visitation.
   146.96 Uniform claim processing form.
   146.99 Assessments.
   146.995 Reporting of wounds and burn injuries.
   146.997 Health care worker protection.

Chapter 252 - Communicable Diseases
   252.10 Public health dispensaries
   252.14 Discrimination related to acquired immunodeficiency syndrome.
   252.15 Restrictions on use of a test for HIV.

Chapter 440 Department of Regulation and Licensing
   
Subchapter I - General Provisions
   
440.01 Definitions
   440.02 Bonds
   440.03 General duties and powers of the department
   440.035 General duties of examining boards and affiliated credentialing boards.
   440.04 Duties of the secretary
   440.042 Advisory committees.
   440.045 Disputes.
   440.05 Standard fees
   440.055 Credit card payments.
   440.06 Refunds and reexaminations
   440.07 Examination standards and services
   440.08 Credential renewal
   440.11 Change of name or address
   440.12 Credential denial, non-renewal and revocation based on tax delinquency
   440.13 Delinquency in support payments; failure to comply with subpoena or warrant.
   440.14 Nondisclosure of certain personal information.
   440.142 Reporting potential causes of public health emergency.
   440.20 Disciplinary proceedings
   440.205 Administrative warnings.
   440.21 Enforcement of laws requiring credential
   440.22 Assessment of costs
   440.23 Cancellation of credential; reinstatement
   440.25 Judicial review

Chapter 440.88 - Substance abuse counselors, clinical supervisors, and prevention specialists
   440.88 (1) Definitions
   440.88 (2) Certification
   440.88 (3) Certification; standards and qualifications
   440.88 (4) Applications; certification period
   440.88 (5) Certification required
   440.88 (6) Revocation, denial, suspension, or limitation of certification
   440.88 (7) Reciprocal certification
   440.88 (8) Certification other than by department prohibited

Chapter 450 - Pharmacy Examining Board
   450.01 Definitions.
   450.10 Disciplinary proceedings; immunity; orders.
   450.11 Prescription drugs and prescription devices.

Chapter 455 - Psychology Examining Board
   455.01 Definitions.
   455.02 License required to practice; use of titles.

Chapter 457 - Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
   457.01 Definitions.
   457.02 Applicability.
   457.03 Duties and powers of examining board and sections.
   457.033 Psychometric testing.
   457.035 Psychotherapy rules.
   457.04 Prohibited practices.
   457.06 General requirements for certification or licensure.
   457.08 Social worker certificates and licenses.
   457.09 Social worker training certificate.
   457.10 Marriage and family therapist license.
   457.11 Marriage and family therapist training certificate.
   457.12 Professional counselor license.
   457.13 Professional counselor training certificate.
   457.14 Temporary certificates.
   457.15 Reciprocal certificates and licenses.
   457.16 Examinations.
   457.20 Issuance of certificate; expiration and renewal.
   457.22 Continuing education.
   457.24 Professional liability insurance.
   457.25 Reporting requirements.
   457.26 Disciplinary proceedings and actions.
   457.28 Injunctive relief.

Chapter 632 - Insurance Contracts in Specific Lines
   Subchapter VI - Disability Insurance
   632.895 Mandatory coverage.

Chapter 895 - Miscellaneous General Provisions
   895.441 Sexual Exploitation by a therapist, action for
   895.45 Service Representatives for adult abusive conduct complainants

Chapter 905 - Evidence - Privileges
   905.01 Privileges recognized only as provided.
   905.015 Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments.
   905.02 Required reports privileged by statute.
   905.03 Lawyer−client privilege.
   905.04 Physician−patient, registered nurse−patient, chiropractor−patient,
psychologist−patient, social worker−patient, marriage and family therapist−
patient and professional counselor−patient privilege.

   905.045 Domestic violence or sexual assault advocate−victim privilege.
   905.05 Husband−wife privilege.
   905.06 Communications to members of the clergy.
   905.065 Honesty testing devices.
   905.07 Political vote.
   905.08 Trade secrets.
   905.09 Law enforcement records.
   905.10 Identity of informer.
   905.11 Waiver of privilege by voluntary disclosure.
   905.12 Privileged matter disclosed under compulsion or without opportunity to
claim privilege.

   905.13 Comment upon or inference from claim of privilege; instruction.
   905.14 Privilege in crime victim compensation proceedings.
   905.15 Privilege in use of federal tax return information.

Chapter 948 - Crimes Against Children
   948.01 Definitions.
   948.015 Other offenses against children.
   948.02 Sexual assault of a child.
   948.025 Engaging in repeated acts of sexual assault of the same child.
   948.03 Physical abuse of a child.
   948.04 Causing mental harm to a child.
   948.05 Sexual exploitation of a child.
   948.055 Causing a child to view or listen to sexual activity.
   948.06 Incest with a child.
   948.07 Child enticement.
   948.075 Use of a computer to facilitate a child sex crime.
   948.08 Soliciting a child for prostitution.
   948.09 Sexual intercourse with a child age 16 or older.
   948.095 Sexual assault of a student by a school instructional staff person.
   948.10 Exposing genitals or pubic area.
   948.11 Exposing a child to harmful material or harmful descriptions or narrations.
   948.12 Possession of child pornography.
   948.13 Child sex offender working with children.
   948.20 Abandonment of a child.
   948.21 Neglecting a child.
   948.22 Failure to support.
   948.23 Concealing death of child.
   948.24 Unauthorized placement for adoption.
   948.30 Abduction of another’s child; constructive custody.
   948.31 Interference with custody by parent or others.
   948.40 Contributing to the delinquency of a child.
   948.45 Contributing to truancy.
   948.50 Strip search by school employee.
   948.51 Hazing.
   948.55 Leaving or storing a loaded firearm within the reach or easy access of a
child.

   948.60 Possession of a dangerous weapon by a person under 18.
   948.605 Gun−free school zones.
   948.61 Dangerous weapons other than firearms on school premises.
   948.62 Receiving stolen property from a child.
   948.63 Receiving property from a child.
   948.70 Tattooing of children.

Excerpts From The Wisconsin Administrative Code

Chapter MPSW 1 - Authority and Practice
   MPSW 1.09 Alcohol and drug counseling.
   MPSW 20 Conduct

Excerpts for the Rules of the Department of Health & Family Services
   HFS 75 Community Substance Abuse Service Standards

Excerpts for the Rules of the Department of Regulation and Licensing
   RL 1 Procedures to review denial of an application
   RL 2 Procedures for pleading and hearings
   RL 3 Administrative injunctions
   RL 4 Department application procedures and application fee policies
   RL 6 Summary suspensions
   RL 7 Impaired professionals procedure
   RL 8 Administrative warnings
   RL 9 Denial of renewal application because applicant is liable for delinquent taxes
   RL 160 Definitions
   RL 161 Requirements for Certification
   RL 162 Supervised Practice
   RL 163 Scope of Practice
   RL 164 Unprofessional Conduct
   RL 165 Renewal
   RL 166 Education Approval
   RL 167 Professional Liability Insurance
   RL 168 Continuing Education

 

 

Last updated: Thursday, July 23, 2009