Section 49.162. Substance abuse screening and testing for certain work experience programs.

 

(1)  In this section:

(a) “Administering agency" means the department or an agency with which the department contracts to administer a program.

(b) “Controlled substance" has the meaning given in s. 961.01 (4) .

(c) “Program" means any of the following:

1. Services and benefits under s. 49.159 (1) (b) .

2. The Transform Milwaukee Jobs program or the Transitional Jobs program under s. 49.163 .

3. A work experience and job training program under s. 49.36 .

(2)  Beginning on the effective date of the rules promulgated under sub. (7) , or on the effective date of the emergency rules promulgated under 2015 Wisconsin Act 55 , section 9106 (2c) , whichever is earlier, in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3. , shall complete a controlled substance abuse screening questionnaire. If, on the basis of answers to the questionnaire, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program is abusing a controlled substance, the administering agency shall require the individual to undergo a test for the use of a controlled substance. If the individual refuses to submit to a test, the individual is not eligible to participate in a program until the individual complies with the requirement to undergo a test for the use of a controlled substance.

(3)  If an individual who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.

(4)  

(a) If an individual who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3) , the administering agency shall require the individual to participate in substance abuse treatment to remain eligible to participate in a program. If the individual refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual complies with the requirement to participate in substance abuse treatment.

(b) During the time that an individual is receiving substance abuse treatment under par. (a) , the administering agency shall require the individual to undergo random testing for the use of a controlled substance. For the individual to remain eligible for a program, the individual must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual must present evidence of a valid prescription as described in sub. (3) . If the results of any test during treatment are positive for the use of a controlled substance and the individual does not present evidence of a valid prescription for the controlled substance, the individual shall have the opportunity to begin the treatment again one time, as determined by the administering agency. If the individual begins the substance abuse treatment again, he or she shall remain eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual presents evidence of a valid prescription for the controlled substance.

(c) If an individual receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.

(5)  The department shall manage the costs and reinvest the savings under this section, and shall work with the administering agency, if different from the department, to manage the costs and reinvest the savings.

(6)  From the appropriation under s. 20.437 (2) (em) , the department shall pay substance abuse treatment costs under this section that are not otherwise covered by medical assistance under subch. IV , private insurance, or another type of coverage. If treatment costs payable by the department exceed the moneys available under s. 20.437 (2) (em) , the department shall request the joint committee on finance to take action under s. 13.101 . The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

(7)  The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section.

2015 a. 55 . Cross-reference: See also ch. DCF 154 , Wis. adm. code.