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DHS 36

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DHS 36 Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders

Jurisdiction: WI Agency: Wisconsin Department of Health Services (DHS)
CMHC (80%)
Plain-English summary

This chapter establishes certification requirements and operating standards for Comprehensive Community Services (CCS) programs in Wisconsin — county-wide or tribal community-based psychosocial rehabilitation programs serving individuals with mental disorders or substance-use disorders. Operators must obtain and maintain department certification, develop a written CCS plan, meet personnel qualification and supervision requirements, and implement quality improvement and consumer rights protections. The chapter explicitly states it regulates only CCS programs and is not intended to govern other mental health or substance-use disorder programs.

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Regulation text
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
1 DEPARTMENT OF HEALTH SERVICES DHS 36.03
Chapter DHS 36
COMPREHENSIVE COMMUNITY SERVICES FOR PERSONS WITH MENTAL 
DISORDERS AND SUBSTANCE-USE DISORDERS 
Subchapter I — General Provisions
DHS 36.01 Authority and purpose.
DHS 36.02 Applicability.
DHS 36.03 Definitions.
Subchapter II — Certification
DHS 36.04 Certification requirements.
DHS 36.05 Certification process.
DHS 36.06 Enforcement actions.
DHS 36.065 Waivers and variances.
Subchapter III — Comprehensive Community Services Program
DHS 36.07 Comprehensive community services plan.
DHS 36.08 Quality improvement.
DHS 36.09 CCS coordination committee.
Subchapter IV — Personnel
DHS 36.10 Personnel policies.
DHS 36.11 Supervision and clinical collaboration.
DHS 36.12 Orientation and training.
Subchapter V — Consumer Services
DHS 36.13 Consumer application.
DHS 36.14 Criteria for determining the need for psychosocial rehabilitation 
services.
DHS 36.15 Authorization of services.
DHS 36.16 Assessment process.
DHS 36.17 Service planning and delivery processes.
DHS 36.18 Consumer service records.
DHS 36.19 Consumer rights.
Note: Chapter HFS 36 was created as an emergency rule effective July 1, 2004. 
Chapter HFS 36 was renumbered to chapter DHS 36 under s. 13.92 (4) (b) 1., Stats., 
and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 
635. Chapter DHS 36 was reprinted Register December 2010 No. 660 to reflect 
Note revisions.
Subchapter I — General Provisions
DHS 36.01 Authority and purpose. This chapter is 
promulgated under the authority of ss. 49.45 (30e) (b) and 51.42 
(7) (b), Stats., to establish the scope of psychosocial service pro-
grams, standards for certification and criteria for determining the 
need for psychosocial rehabilitation services, and other condi-
tions of coverage of community based psychosocial services un-
der the medical assistance program pursuant to ss. 49.45 (30e) 
and 49.46 (2) (b) 6. Lm., Stats.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.02 Applicability. (1) This chapter applies to the 
department and to county departments and tribes that apply for 
certification or are certified to provide comprehensive commu-
nity services under ss. 49.45 (30e) and 51.42 (7) (b), Stats.
(2) Programs operating under this chapter shall do business 
as comprehensive community services programs.
(3) This chapter regulates only comprehensive community 
services programs. This chapter is not intended to regulate other 
mental health or substance-use disorder programs.
(4) Persons covered under the comprehensive-community 
services programs include children and adults, including elders, 
with mental disorders or substance-use disorders.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.03 Definitions. In this chapter:
(1) “Adult” means an individual 18 years of age or older.
(2) “Assessment” means the process used to identify the 
strengths, needs and desired outcomes of a consumer and to eval-
uate progress toward desired outcomes.
(3) “Certification” means the approval by the department of a 
comprehensive community services program.
(4) “Comprehensive community services program” or “CCS” 
has the same meaning as “community-based psychosocial service 
program” under s. 49.45 (30e), Stats., namely a county-wide or 
tribal community-based psychosocial rehabilitation program that 
is operated by a county department or tribe to provide or arrange 
for the provision of psychosocial rehabilitation services.
(5) “Coordination committee” means a group of individuals 
appointed by the county department or tribal government to ad-
vise and assist the county department or tribal government in the 
development and quality improvement of psychosocial rehabilita-
tion services.
(6) “Comprehensive community services plan” means the 
plan developed under s. DHS 36.07.
(7) “Consumer” means an individual who has been deter-
mined to need psychosocial rehabilitation services.
Note: Family members of the consumer or the consumer’s primary caregivers 
also are considered to be consumers, and therefore, may receive services related to 
the consumer’s disorder.
(8) “Co-occurring disorder” means any combination of a sub-
stance-use disorder and a mental disorder identified in the DSM.
(9) “County department” means a county department of hu-
man services under s. 46.23, Stats., or a county department of 
community programs established under s. 51.42, Stats., to admin-
ister community mental health and alcohol and drug abuse pro-
grams on a single-county or multi-county basis.
(10) “Department” means the Wisconsin department of 
health services.
(10g) “DSM” means the Diagnostic and Statistical Manual 
of Mental Disorders, 5th edition, text revision, published by the 
American Psychiatric Association.
(10m) “Elder” means a person who is age 60 or older.
(10r) “Face to face” means engaging in contact with the re-
cipient via in person, real-time interactive audio-visual tele-
health, or real-time interactive audio-only telehealth. 
(11) “Family member,” means a parent, legal custodian, sib-
ling, spouse, child, or primary caregiver of a consumer.
(11m) “Functionally equivalent” means a service provided 
via telehealth where the transmission of information is of suffi-
cient quality as to be the same level of service as an in-person 
visit. Transmission of voices, images, data, or video must be clear 
and understandable. 
(12) “Legal custodian” means an individual to whom legal 
custody of a minor has been granted by a court in an action under 
ch. 48 or 767, Stats.
(13) “Legal representative” means any of the following:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.03 WISCONSIN ADMINISTRATIVE CODE 2
(a) A guardian as defined under s. 54.01 (10), Stats.
(b) A health care agent as defined in s. 155.01 (4), Stats., if the 
principal has a finding of incapacity pursuant to s. 155.05 (2), 
Stats.
(14) “Medical assistance” means the assistance program un-
der 42 USC 1396 and ss. 49.43 to 49.475 and 49.49 to 49.497, 
Stats.
(15) “Mental disorder” means a diagnosis meeting the crite-
ria in the DSM, excluding the categories of dementia, substance-
related disorders, and developmental disability as defined in 42 
CFR 435.1009.
(16) “Mental health professional” means a staff member who 
is qualified under s. DHS 36.10 (2) (g) 1. to 8.
(17) “Minor” means an individual under the age of 18 years.
(18) “Natural supports” means a friend, or other person avail-
able in the community who may assist consumers seeking stabil-
ity and independence.
(19) “Outreach” means identifying and contacting individu-
als with mental disorders or substance-use disorders to directly 
engage and link with individuals who need psychosocial rehabili-
tation services or other mental health or substance-use disorder 
services, and making referral agreements with psychiatric inpa-
tient units, residential treatment facilities, outpatient treatment 
clinics and other community treatment and service providers as 
appropriate.
(20) “Parent” means a biological parent; an adoptive parent; a 
husband who has consented to the artificial insemination of his 
wife under s. 891.40, Stats.; a male who is presumed to be the fa-
ther under s. 891.41, Stats.; or a male who has been adjudicated 
the child’s father either under s. 767.89, Stats., or by final order or 
judgment of a court of competent jurisdiction in another state. 
“Parent” does not include individuals whose parental rights have 
been terminated.
(21) “Primary care giver” means an individual who provides 
a majority of a consumer’s day-to-day support, shelter, suste-
nance or nurturing.
(22) “Psychosocial rehabilitation services” has the same 
meaning as “psychosocial services” under s. 49.45 (30e), Stats., 
namely the medical and remedial services and supportive activi-
ties provided to or arranged for a consumer by a comprehensive 
community services program authorized by a mental health pro-
fessional to assist individuals with mental disorders or substance-
use disorders to achieve the individual’s highest possible level of 
independent functioning, stability and independence and to facil-
itate recovery.
(23) “Recovery” means the process of a person’s growth and 
improvement, despite a history of mental or substance use disor-
der in attitudes, values, feelings, goals, skills and behavior and is 
measured by a decrease in dysfunctional symptoms and an in-
crease in maintaining the person’s highest level of health, well-
ness, stability, self-determination and self-sufficiency.
(24) “Recovery team” means the group of individuals who 
are identified to participate in an assessment of the needs of the 
consumer, service planning and delivery, and evaluation of de-
sired outcomes.
(25) “Service facilitation” means any activity that ensures the 
consumer receives assessment services, service planning, service 
delivery and supportive activities in an appropriate and timely 
manner.
(26) “Service facilitator” means a staff member who is quali-
fied under s. DHS 36.10 (2) (g) 1. to 21. and who has the overall 
responsibility for service facilitation.
(27) “Service plan” means a written plan of psychosocial ser-
vices to be provided or arranged for a consumer that is based on 
an individualized assessment of the consumer.
(28) “Service provider” means an agency or individual that 
provides one or more mental health or substance-use treatment or 
services.
(28m) “Signature” or “signed” means a signature that meets 
the requirements in s. 990.01 (38), Stats.
(29) “Staff member” means a person employed by a county 
department, tribe, or contracted agency.
(30) “Substance abuse professional” means a person who 
meets the definition of a “substance abuse counselor” under s. 
DHS 75.03 (85) , a physician knowledgeable in addiction treat-
ment, or a psychologist knowledgeable in psychopharmacology 
and addiction treatment.
(31) “Substance use disorder” means a condition related to 
the use of alcohol or a drug of abuse listed in the DSM.
(32) “Supportive activities” means actions and events that 
help address the needs and recovery goals of a consumer.
(32m) (a) “Telehealth” means the use of telecommunica-
tions technology by a certified provider to deliver services allow-
able under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 
49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, 
consultation, treatment, or transfer of medically relevant data in a 
functionally equivalent manner as that of an in-person contact. 
(b) “Telehealth” may include real-time interactive audio-only 
communication. 
(c) “Telehealth” does not include communication between a 
certified provider and a recipient that consists solely of an elec-
tronic mail, text, or facsimile transmission.
(33) “Tribe” means a federally recognized American Indian 
tribe or band.
History: CR 04-025: cr. Register October 2004 No. 586 , eff. 11-1-04; correc-
tions in (10), (13) (a), (20) and (30) made under s. 13.92 (4) (b) 6. and 7., Stats., 
Register November 2008 No. 635; CR 20-067: am. (10m), r. (11m) Register Decem-
ber 2021 No. 792, eff. 1-1-22; CR 23-053: cr. (10r), (11m), (28m), (32m) Register 
September 2023 No. 813 , eff. 10-1-23; CR 25-055: am. (8), cr. (10g), am. (15), 
(30), (31) Register February 2026 No. 842, eff. 3-1-26.
Subchapter II — Certification
DHS 36.04 Certification requirements. (1) APPLICA-
TION. (a) A county department or tribe seeking to operate a cer-
tified comprehensive community services program shall apply to 
the department for certification on an application form provided 
by the department.
Note: An application for certification may be obtained by writing to the Behav-
ioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, 
Madison, WI 53701-2969.
(2) APPLICATION MATERIALS. The application shall be ac-
companied by all of the following:
(a) Required fees.
(b) A copy of the comprehensive community services plan 
developed under s. DHS 36.07.
(c) A copy of the personnel policies and procedures devel-
oped under s. DHS 36.10 and operational policies developed.
(d) A copy of any previously approved waiver or variance and 
information on the current status.
(e) Any other information required by the department.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.05 Certification process. (1) In this section:
(a) “Deficiency” means the failure to meet a requirement of 
this chapter.
(b) “Major deficiency” means a determination by the depart-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
3 DEPARTMENT OF HEALTH SERVICES DHS 36.06
ment that an aspect of the CCS program or the conduct of its per-
sonnel does any of the following:
1. The psychosocial rehabilitation services substantially fail 
to meet the requirements of this chapter.
2. Creates a risk of harm to a consumer or violates a con-
sumer right created by this chapter or other state or federal 
statutes or rules, which may include any one of the following of 
the following:
a. A staff member has had sexual contact or intercourse, as 
defined in s. 940.225 (5) (b) or (c), Stats., with a consumer.
b. A staff member of the CCS has been convicted of con-
sumer abuse under s. 940.285, 940.29 or 940.295, Stats.
c. The health or safety of a consumer is in imminent danger 
because of a failure of the CCS or a CCS staff member to comply 
with requirements of this chapter or any other applicable local, 
state or federal statute or regulation.
3. The CCS has submitted, or caused to be submitted, one or 
more statements for purposes of obtaining certification under this 
chapter which the CCS knew or should have known to be false.
4. A license, certification or required local, state or federal 
approval of the CCS has been revoked or suspended or has 
expired.
5. A staff member has signed a billing statement or other 
document that represents the CCS staff member as the provider 
of service when the staff member did not provide the service.
6. A staff member impedes or has impeded monitoring of the 
program by the department.
7. An action or inaction by a staff member constitutes 
grounds for involuntary termination or suspension from program 
participation under s. DHS 106.06.
(2) INITIAL APPLICATION. Upon receipt of a complete appli-
cation for initial certification, the department shall review the ap-
plication and accompanying materials required under s. DHS 
36.04 (2). The department’s designated representative respond-
ing to a request for an initial certification shall review CCS per-
sonnel policies and procedures and operational policies, and the 
community services plan developed under s. DHS 36.07.
(4) TRANSFERABILITY OF CERTIFICATION. Certification may 
only be issued to the CCS specified in the application. A CCS 
may not transfer or assign its certification to another entity. An 
applicant or certified CCS shall notify the department of any 
change in administration, location, name, offered services or any 
other change that may affect compliance with this chapter no later 
than the effective date of the change.
(5) EFFECTIVE DATE OF CERTIFICATION. (a) The date of cer-
tification shall be the date that the department determines that an 
applicant is in compliance with this chapter.
(b) The department may change the date of certification if the 
department has made an error in the certification process. A date 
of certification that is adjusted under this paragraph may not be 
earlier than the date the department receives a written application 
under sub. (2) or (3).
(6) FEES FOR CERTIFICATION. Fees for certification shall be 
established by the department.
(7) ISSUANCE OF CERTIFICATION. (a) Action on application. 
Within 60 days after receiving a completed application for initial 
certification or for renewal of certification, the department shall 
do one of the following:
1. Approve the CCS if no deficiencies are found and all of 
the requirements for certification are met.
3. Deny certification under sub. (9), if the department finds 
one or more major deficiencies.
(9) DENIAL OF CERTIFICATION. A denial of certification shall 
be in writing and shall contain the reason for the denial and no-
tice of opportunity for a hearing under s. DHS 36.06 (3).
(10) DURATION OF CERTIFICATION. A certification remains 
valid until one of the following occur:
(a) The certification remains valid until it is revoked or sus-
pended by the department in accordance with s. DHS 36.06 (1).
(b) The certification becomes invalid due to non-submission 
of the biennial report or non-payment of biennial fees in accor-
dance with sub. (11).
(11) BIENNIAL REPORT AND FEES. (a) Every 24 months, on a 
date determined by the department, the program shall submit a 
biennial report on the form provided by the department and shall 
submit payment of certification continuation fees under s. 51.04, 
Stats.
(b) The department will send the certification continuation 
materials to the provider, which the provider is expected to com-
plete and submit to the department according to instructions 
provided.
(c) A certification will be suspended or terminated if biennial 
reports and fees are not submitted prior to the end of the biennial 
cycle.
History: CR 04-025: cr. Register October 2004 No. 586 , eff. 11-1-04; correc-
tions in (1) (b) 7. and (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register Novem-
ber 2008 No. 635; CR 22-078: r. (3), (7) (a) 2., (b), (8), cr. (10), (11) Register July 
2023 No. 811, eff. 8-1-23.
DHS 36.06 Enforcement actions. (1) REVOCATION 
AND SUSPENSION. The department may revoke or suspend certi-
fication at any time upon written notice to the CCS. The notice 
shall state the reason for the action and inform the CCS of the op-
portunity for a hearing under sub. (3).
(2) INSPECTIONS. (a) The department may make announced 
and unannounced inspections of a certified CCS to verify com-
pliance with this chapter, to investigate complaints received re-
garding the services provided by the CCS, or as part of an investi-
gation into the cause of death of a consumer.
(b) In making inspections, the department shall seek to mini-
mize any disruption to the normal functioning of the CCS.
(c) Any authorized officer, employee or agent of the depart-
ment shall have access to all CCS documents, open and closed 
consumer records, staff members and consumers at any time to 
ensure compliance with the requirements of this chapter and 
other applicable federal and state statutes and regulations.
(3) APPEALS. (a) If the department denies, revokes, sus-
pends, or refuses to renew certification, the CCS may request an 
administrative hearing under ch. 227, Stats. If a timely request 
for hearing is made on a decision to suspend or revoke or not re-
new a certification, that action is stayed pending the decision on 
the appeal except when the department finds that the health, 
safety or welfare of patients requires that the action take effect 
immediately. A finding of a requirement for immediate action 
shall be made in writing by the department.
(b) A request for hearing shall be submitted in writing to the 
department of administration’s division of administrative hear-
ings within 30 days after the date of the notice of the depart-
ment’s action.
Note: A request for hearing may be delivered in person or mailed to the Division 
of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, WI 53707-
7875. An appeal may be sent by fax to the Division’s facsimile transmission number 
at (608) 264-9885.
(4) ACTIONS BARRING SERVICE IN A CCS. Any person having 
direct management responsibility for a CCS who was involved in 
any one of the following may not provide service in or for a certi-
fied CCS for a period not to exceed 5 years:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.06 WISCONSIN ADMINISTRATIVE CODE 4
(a) An act that results in termination of a health care provider 
certification under s. DHS 106.06.
(b) An act that results in conviction for a criminal offense re-
lated to services provided under s. 632.89, Stats., whether or not 
the conviction is under appeal.
(c) An act involving a staff member who removes or destroys 
consumer service records.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 36.065 Waivers and variances. (1) DEFINI-
TIONS. As used in this section:
(a) “Waiver” means the grant of an exemption from a non-
statutory requirement of this chapter.
(b) “Variance” means the granting of an alternate requirement 
in place of a non-statutory requirement of this chapter.
(2) WAIVERS OR VARIANCES. (a) An application for a waiver 
or a variance may be made at any time. Each request shall be 
made in writing to the department and shall include all of the 
following:
1. Identification of the rule provision from which the waiver 
or variance is requested.
2. The time period for which the waiver or variance is 
requested.
3. If the request is for a variance, the specific alternative ac-
tion that the CCS proposes.
4. The reasons for the request.
5. Supporting justification.
6. Any other information requested by the department.
Note: An application for a waiver or variance should be addressed to the Behav-
ioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, 
Madison, WI 53701-2969.
(b) A waiver or variance may be granted if the department 
finds that the waiver or variance will not adversely affect the 
health, safety, or welfare of any consumer and any one of the fol-
lowing applies:
1. Strict enforcement of a requirement would result in unrea-
sonable hardship on the CCS or on a consumer.
2. An alternative to a rule, including new concepts, methods, 
procedures, techniques, equipment, personnel qualifications, or 
the conducting of pilot projects is in the interest of better care or 
management.
(c) A determination on a request for a waiver or variance shall 
be made to the CCS in writing. If the decision is to deny the 
waiver or variance, the reason for the denial shall be included in 
the notice.
(d) The terms of a variance may be modified upon agreement 
between the department and the CCS. The department may im-
pose any condition on a waiver or variance which the department 
deems necessary.
(e) The department may limit the duration of any waiver or 
variance.
(f) The department may revoke a waiver or variance if any one 
of the following occurs:
1. The waiver or variance adversely affects the health, safety 
or welfare of a consumer.
2. The CCS has failed to comply with the variance as 
granted.
3. The CCS notifies the department that it wishes to relin-
quish the waiver or variance.
4. There is a change in applicable law.
5. For any other reason necessary to protect the health, 
safety, and welfare of a consumer.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
Subchapter III — Comprehensive Community Ser-
vices Program
DHS 36.07 Comprehensive community services 
plan. Each CCS program shall have a written plan that shall in-
clude all of the following:
(1) A description of the organizational structure. The de-
scription shall include all of the following:
(a) Responsibilities of the staff members assigned to the func-
tions described in s. DHS 36.10 (2) (e).
(b) Policies and procedures to implement a quality improve-
ment plan consistent with the requirements in s. DHS 36.08.
(c) Policies and procedures to establish a coordination com-
mittee and work with a coordination committee consistent with 
the requirements in s. DHS 36.09.
(d) Criteria for recruiting and contracting with providers of 
psychosocial rehabilitation services.
(e) Policies and procedures for updating and revising the CCS 
plan to ensure that it accurately identifies current services pro-
vided and any changes in policies and procedures of the CCS.
(2) A written summary detailing the recommendations of the 
coordination committee made under s. DHS 36.09 (3) (a) and a 
written response by the CCS to the coordination committee’s 
recommendations.
(3) A description of the currently available mental health, 
substance-use disorder, crisis services, and other services in the 
county or tribe and how the CCS will interface and enhance these 
services. The description shall include policies and procedures 
for developing and implementing collaborative arrangements and 
interagency agreements addressing all of the following:
(a) Processes necessary to include the CCS in planning to sup-
port consumers who are discharged from a non-CCS program or 
facilities that include inpatient psychiatric or substance-use treat-
ment, a nursing home, residential care center, day treatment 
provider, jail or prison.
(b) The role of the CCS when an emergency protective place-
ment is being sought under s. 55.135, Stats., and when protective 
services or elder abuse investigations are involved.
(c) The role of the CCS when the CCS provides services in 
conjunction with any other care coordination service including 
protective services, integrated services projects, and schools.
(d) The role of the CCS when a consumer is living in the com-
munity under a ch. 51, Stats., commitment.
(e) Establishing contracts and agreements with community 
agencies providing psychosocial rehabilitation services.
(f) Establishing contracts when a needed service is not avail-
able in the existing array of services.
(g) Arrangements with the county or tribal emergency ser-
vices program to ensure identification and referral of CCS con-
sumers who are in crisis.
(4) (a) A description of an array of psychosocial rehabilita-
tion services and service providers to be available through the 
CCS. The services and service providers shall be determined by 
all of the following:
1. Identifying anticipated service needs of potential con-
sumers, including minors and the elderly, that are based upon the 
assessment domains identified in s. DHS 36.16 (4).
2. Identifying treatment interventions to address the needs 
identified in subd. 1. Treatment interventions for minors and el-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
5 DEPARTMENT OF HEALTH SERVICES DHS 36.10
derly consumers shall be identified separately from other 
consumers.
(b) The description in par. (a) shall include the methods that 
the CCS will use to identify and contract with service providers.
(5) Policies and procedures developed for each of the 
following:
(a) Consumer records that meet the requirements in s. DHS 
36.18.
(b) Confidentiality requirements of this chapter.
(c) The timely exchange of information between the CCS and 
contracted agencies necessary for service coordination.
(d) Consumer rights that meet the requirements of s. DHS 
36.19.
(e) Monitoring compliance with this chapter and applicable 
state and federal law.
(f) Receiving and making referrals.
(g) Communication to the consumer of services offered by the 
CCS, costs to the consumer, grievance procedure, and require-
ments for informed consent for medication and treatment.
(h) Ensuring that a consumer’s cultural heritage and primary 
language are considered as primary factors when developing the 
consumer’s service plan and that activities and services are acces-
sible in a language in which the consumer is fluent.
(i) Providing orientation and training that meets the require-
ments in s. DHS 36.12.
(j) Outreach services.
(k) Application and screening.
(L) Recovery team development and facilitation.
(m) Assessment.
(n) Service planning.
(o) Service coordination, referrals, and collaboration.
(p) Advocacy for the consumer.
(q) Support and mentoring for the consumer.
(r) Discharge planning and facilitation.
(s) Monitoring and documentation.
(t) Policy on telehealth, including when telehealth can be used 
and by whom, patient privacy and information security consider-
ations, and the right to decline services provided via telehealth.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (3) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635; 
CR 23-053: cr. (5) (t) Register September 2023 No. 813, eff. 10-1-23.
DHS 36.08 Quality improvement. (1) The CCS shall 
develop and implement a quality improvement plan to assess con-
sumer satisfaction and progress toward desired outcomes identi-
fied through the assessment process.
(2) (a) The plan shall include procedures for protecting the 
confidentiality of persons providing opinions and include a de-
scription of the methods the CCS will use to measure consumer 
opinion on the services offered by the CCS, assessment, service 
planning, service delivery, and service facilitation activities.
(b) The plan shall also include a description of the methods 
the CCS will use to evaluate the effectiveness of changes in the 
CCS program based on results of the consumer satisfaction sur-
vey, recommendations for program improvement by the coordi-
nation committee, and other relevant information.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.09 CCS coordination committee. (1) (a) 
The CCS shall appoint a coordination committee that includes 
representatives from various county or tribal departments, in-
cluding individuals who are responsible for mental health and 
substance abuse services, service providers, community mental 
health and substance abuse advocates, consumers, family mem-
bers and interested citizens.
(b) An existing committee within the county or tribe may 
serve as the coordinating committee if it has the membership re-
quired and agrees to undertake the responsibilities in sub. (3).
(2) At least one-third of the total membership of the coordi-
nation committee shall be consumers. No more than one-third of 
the total membership of the coordination committee may be 
county employees or providers of mental health or substance 
abuse services.
(3) The coordinating committee shall do all of the following:
(a) Review and make recommendations regarding the initial 
and any revised CCS plan required under s. DHS 36.07, the CCS 
quality improvement plan, personnel policies, and other policies, 
practices, or information that the committee deems relevant to 
determining the quality of the CCS program and protection of 
consumer rights.
(b) Maintain written minutes of meetings and a membership 
list.
(c) Meet at least quarterly.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
Subchapter IV — Personnel
DHS 36.10 Personnel policies. (1) DEFINITIONS. In 
this section, “supervised clinical experience” means a minimum 
of one hour of supervision per week by one or more staff mem-
bers who meet the qualifications under sub. (2) (g) 1. to 8.
(2) POLICIES. The CCS shall have and implement written 
personnel policies and procedures that ensure all of the 
following:
(a) Discrimination prohibited. Employment practices of the 
CCS or any agency contracting or subcontracting with the CCS 
do not discriminate against any staff member or applicant for em-
ployment based on the individual’s age, race, religion, color, sex-
ual orientation, national origin, disability, ancestry, marital sta-
tus, pregnancy or childbirth, or arrest or conviction record.
(b) Credentials. Staff members have the professional certifi-
cation, training, experience and abilities to carry out prescribed 
duties.
(c) Background checks and misconduct reporting and investi-
gation. CCS and contracting agency compliance with the care-
giver background check and misconduct reporting requirements 
in s. 50.065, Stats., and ch. DHS 12, and the caregiver misconduct 
reporting and investigation requirements in ch. DHS 13.
Note: Forms for conducting a caregiver background check including the back-
ground information disclosure form may be obtained from the Department’s website 
at http://www.dhs.wisconsin.gov/forms/DQAnum.asp or by writing or telephoning 
the Department at Office of Caregiver Quality, P.O. Box 2969, Madison, WI 53701-
2969, (608) 261-8319.
(d) Staff records. Staff member records are maintained and 
include all of the following:
1. References for job applicants obtained from at least 2 peo-
ple, including previous employers, educators or post-secondary 
educational institutions attended if available, and documented ei-
ther by letter or verification of verbal contact with the reference, 
dates of contact, person making the contact, individuals con-
tacted and nature and content of the contact.
2. Confirmation of an applicant’s current professional li-
cense or certification, if that license or certification is necessary 
for the staff member’s prescribed duties or position.
3. The results of the caregiver background check conducted 
in compliance with par. (c), including a completed background 
information disclosure form for every background check con-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.10 WISCONSIN ADMINISTRATIVE CODE 6
ducted, and the results of any subsequent investigation related to 
the information obtained from the background check.
(e) Staff functions. The CCS has the appropriate number of 
staff to operate the CCS in accordance with the CCS plan, this 
chapter, and applicable state and federal law. One or more staff 
members shall be designated to perform all of the following 
functions:
1. Mental health professional and substance abuse profes-
sional functions. The responsibilities of a mental health profes-
sional and a substance abuse professional shall include the re-
sponsibilities required under ss. DHS 36.16 (2) and (7) and 36.17 
(5) (b) 4. Only a mental health professional may fulfill the re-
sponsibilities under s. DHS 36.15.
2. Administrator functions. A staff member designated to 
perform these functions shall have the qualifications listed under 
par. (g) 1. to 14. whose responsibilities shall include overall re-
sponsibility for the CCS, including compliance with this chapter 
and other applicable state and federal regulations and developing 
and implementing policies and procedures.
3. Service director functions. A staff member designated to 
perform these functions shall have the qualifications listed under 
par. (g) 1. to 8. whose responsibilities shall include responsibility 
for the quality of the services provided to consumers and day-to 
day consultation to CCS staff.
4. Service facilitation functions. A staff member designated 
to perform these functions shall have the qualifications listed un-
der par. (g) 1. to 21., whose responsibilities shall include ensuring 
that the service plan and service delivery for each consumer is in-
tegrated, coordinated and monitored, and is designed to support 
the consumer in a manner that helps the consumer to achieve the 
highest possible level of independent functioning. The responsi-
bilities of a service facilitator shall include the responsibilities re-
quired under ss. DHS 36.16 (2) and 36.19.
(f) Supervision and clinical collaboration. Supervision and 
clinical collaboration of staff shall meet the requirements in s. 
DHS 36.11.
(g) Minimum qualifications. Each staff member shall have 
the interpersonal skills training and experience needed to per-
form the staff member’s assigned functions and each staff mem-
ber who provides psychosocial rehabilitation services shall meet 
the following minimum qualifications:
1. Psychiatrists shall be physicians licensed under ch. 448, 
Stats., to practice medicine and surgery and shall have completed 
3 years of residency training in psychiatry, child or adolescent 
psychiatry, or geriatric psychiatry in a program approved by the 
accreditation council for graduate medical education and be ei-
ther board–certified or eligible for certification by the American 
board of psychiatry and neurology.
2. Physicians shall be persons licensed under ch. 448, Stats., 
to practice medicine and surgery who have knowledge and expe-
rience related to mental disorders of adults or children; or, who 
are certified in addiction medicine by the American society of 
addiction medicine, certified in addiction psychiatry by the 
American board of psychiatry and neurology or otherwise knowl-
edgeable in the practice of addiction medicine.
3. Psychiatric residents shall hold a doctoral degree in 
medicine as a medical doctor or doctor of osteopathy and shall 
have successfully completed 1500 hours of supervised clinical 
experience as documented by the program director of a psychi-
atric residency program accredited by the accreditation council 
for graduate medical education.
4. Psychologists shall be licensed under ch. 455, Stats., and 
shall be listed or meet the requirements for listing with the na-
tional register of health service providers in psychology or have a 
minimum of one year of supervised post–doctoral clinical experi-
ence related directly to the assessment and treatment of individu-
als with mental disorders or substance-use disorders.
5. Licensed independent clinical social workers shall meet 
the qualifications established in ch. 457, Stats., and be licensed 
by the examining board of social workers, marriage and family 
therapists and professional counselors with 3000 hours of super-
vised clinical experience where the majority of clients are chil-
dren or adults with mental disorders or substance-use disorders.
6. Professional counselors and marriage and family thera-
pists shall meet the qualifications required established in ch. 457, 
Stats., and be licensed by the examining board of social workers, 
marriage and family therapists and professional counselors with 
3000 hours of supervised clinical experience where the majority 
of clients are children or adults with mental disorders or sub-
stance-use disorders.
7. Nurse practitioners or clinical specialists shall have a cur-
rent license as a registered nurse under ch. 441, Stats., a master’s 
degree from an accredited graduate school of nursing, and be 
board certified by an applicable national nurse certifying body.
8. a. Advanced practice nurse prescribers certified under ch. 
N 8 shall be nurse practitioners or clinical specialists who hold a 
current license as a registered nurse under ch. 441, Stats. hold a 
master's degree from an accredited graduate school of nursing, 
and are board certified by an applicable national nurse certifying 
body.
b. Advanced practice nurses are not qualified to provide psy-
chotherapy unless they also have completed 3000 hours of super-
vised clinical psychotherapy experience.
9. Certified social workers, certified advance practice social 
workers, certified independent social workers, licensed profes-
sional counselors in-training, and licensed marriage and family 
therapists in-training shall meet the qualifications established in 
ch. 457, Stats., and related administrative rules, and have received 
certification by the examining board of social workers, marriage 
and family therapists and professional counselors.
10. Psychology residents shall hold a doctoral degree in psy-
chology meeting the requirements of s. 455.04 (1) (c), Stats., and 
shall have successfully completed 1500 hours of supervised clin-
ical experience as documented by the Wisconsin psychology ex-
amining board.
11. Physician assistants shall be certified and registered pur-
suant to ss. 448.05 and 448.07, Stats., and chs. Med 8 and 14.
12. Registered nurses shall be licensed under ch. 441, Stats.,
13. Occupational therapists shall be licensed and shall meet 
the requirements of s. 448.963 (2), Stats.
14. Master’s level clinicians shall have a master’s degree and 
coursework in areas directly related to providing mental health 
services including master’s in clinical psychology, psychology, 
school or educational psychology, rehabilitation psychology, 
counseling and guidance, counseling psychology or social work.
15. Other professionals shall have at least a bachelor’s degree 
in a relevant area of education or human services.
16. Substance abuse counselors shall be certified by the de-
partment of safety and professional services.
17. Specialists in specific areas of therapeutic assistance, 
such as recreational and music therapists, shall have complied 
with the appropriate certification or registration procedures for 
their profession as required by state statute or administrative rule 
or the governing body regulating their profession.
18. Certified occupational therapy assistants shall be li-
censed and meet the requirements of s. 448.963 (3), Stats.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
7 DEPARTMENT OF HEALTH SERVICES DHS 36.12
19. Licensed practical nurses shall be licensed under ch. 441, 
Stats.
20. A certified peer specialist or a certified parent peer spe-
cialist shall be an individual with lived experience with mental 
health issues, substance use issues, or both, and currently certi-
fied by the department through successful completion of the 
state-approved peer specialist training and certification exam. 
The peer specialist must complete all continuing education re-
quirements and act within their scope of practice.
21. A rehabilitation worker, meaning a staff person working 
under the direction of a licensed mental health professional or 
substance abuse professional in the implementation of rehabilita-
tive mental health, substance use disorder services as identified 
in the consumer’s individual treatment plan who is at least 18 
years old shall have successfully completed 30 hours of training 
during the past two years in recovery concepts, consumer rights, 
consumer-centered individual treatment planning, mental illness, 
co-occurring mental illness and substance abuse, psychotropic 
medications and side effects, functional assessment, local com-
munity resources, adult vulnerability, and consumer 
confidentiality.
22. Clinical students shall be currently enrolled in an accred-
ited academic institution and working toward a degree in a pro-
fessional area identified in this subsection and providing services 
to the CCS under the supervision of a staff member who meets 
the qualifications under this subsection for that staff member’s 
professional area.
(3) VOLUNTEERS. A CCS may use volunteers to support the 
activities of staff members. Before a volunteer may work inde-
pendently with a consumer or family member, the CCS shall con-
duct a background check on the volunteer. Each volunteer shall 
be supervised by a staff member qualified under sub. (2) (g) 1. to 
17. and receive orientation and training under the requirements of 
s. DHS 36.12.
(4) DOCUMENTATION OF QUALIFICATIONS. Documentation 
of staff qualifications shall be available for review by consumers 
and parents or legal representatives of consumers if parental or 
legal representative consent to treatment is required.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (2) (g) 16. made under s. 13.92 (4) (b) 6., Stats., Register February 2014 No. 698; 
CR 25-055: r. and recr. (2) (g) 7., am. (2) (g) 8., 9., 16., r. and recr. (2) (g) 20. 
Register February 2026 No. 842, eff. 3-1-26.
DHS 36.11 Supervision and clinical collaboration. 
(1) (a) Each staff member shall be supervised and provided with 
the consultation needed to perform assigned functions and meet 
the credential requirements of this chapter and other state and 
federal laws and professional associations.
(b) Supervision may include clinical collaboration. Clinical 
collaboration may be an option for supervision only among staff 
qualified under s. DHS 36.10 (2) (g) 1. to 8. Supervision and 
clinical collaboration shall be accomplished by one or more of 
the following:
1. Individual sessions with the staff member case review, to 
assess performance and provide feedback.
2. Individual session in which the supervisor is present while 
the staff member provides assessments, service planning meet-
ings or psychosocial rehabilitation services and in which the su-
pervisor assesses, teaches and gives advice regarding the staff 
member’s performance.
3. Group meetings to review and assess staff performance 
and provide the staff member advice or direction regarding spe-
cific situations or strategies.
4. Any other form of professionally recognized method of 
supervision designed to provide sufficient guidance to assure the 
delivery of effective services to consumers by the staff member.
(2) Each staff member qualified under s. DHS 36.10 (2) (g) 9. 
to 22. shall receive, from a staff member qualified under s. DHS 
36.10 (2) (g) 1. to 8., day-to-day supervision and consultation and 
at least one hour of supervision per week or for every 30 clock 
hours of face-to-face psychosocial rehabilitation services or ser-
vice facilitation they provide. Day-to day consultation shall be 
available during CCS hours of operation.
(3) Each staff member qualified under s. DHS 36.10 (2) (g) 1. 
to 8. shall participate in at least one hour of either supervision or 
clinical collaboration per month or for every 120-clock hours of 
face–to–face psychosocial rehabilitation or service facilitation 
they provide.
(4) Clinical supervision and clinical collaboration records 
shall be dated and documented with a signature of the person pro-
viding supervision or clinical collaboration in one or more of the 
following:
(a) The master log.
(b) Supervisory records.
(c) Staff record of each staff member who attends the session 
or review.
(d) Consumer records.
(5) The service director may direct a staff person to partici-
pate in additional hours of supervision or clinical collaboration 
beyond the minimum identified in this subsection in order to en-
sure that consumers of the program receive appropriate psy-
chosocial rehabilitation services.
(6) A staff member qualified under s. DHS 36.10 (2) (g) 1. to 
8. who provides supervision or clinical collaboration may not de-
liver more than 60 hours per week of face–to–face psychosocial 
rehabilitation services, clinical services and supervision or clini-
cal collaboration in any combination of clinical settings.
History: CR 04-025: cr. Register October 2004 No. 586 , eff. 11-1-04; CR 23-
053: am. (1) (b) 2. Register September 2023 No. 813, eff. 10-1-23.
DHS 36.12 Orientation and training. (1) ORIENTA-
TION AND ONGOING TRAINING. (a) Orientation program. The 
CCS shall develop and implement an orientation program that in-
cludes all of the following:
1. At least 40 hours of documented orientation training 
within 3 months of beginning employment for each staff member 
who has less than 6 months experience providing psychosocial 
rehabilitation services to children or adults with mental disorders 
or substance-use disorders.
2. At least 20 hours of documented orientation training 
within 3 months of beginning employment with the CCS for each 
staff member who has 6 months or more experience providing 
psychosocial rehabilitation services to children or adults with 
mental disorders or substance-use disorders.
3. At least 40 hours of documented orientation training for 
each regularly scheduled volunteer before allowing the volunteer 
to work independently with consumers or family members.
(b) Orientation training. Orientation training shall include 
and staff members shall be able to apply all of the following:
1. Parts of this chapter pertinent to the services they provide.
2. Policies and procedures pertinent to the services they 
provide.
3. Job responsibilities for staff members and volunteers.
4. Applicable parts of chs. 48, 51 and 55, Stats., and any re-
lated administrative rules.
5. The basic provisions of civil rights laws including the 
Americans with disabilities act of 1990 and the civil rights act of 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.12 WISCONSIN ADMINISTRATIVE CODE 8
1964 as the laws apply to staff providing services to individuals 
with disabilities.
6. Current standards regarding documentation and the provi-
sions of HIPAA, s. 51.30, Stats., ch. DHS 92 and, if applicable, 
42 CFR Part 2 regarding confidentiality of treatment records.
7. The provisions of s. 51.61, Stats., and ch. DHS 94 regard-
ing patient rights.
8. Current knowledge about mental disorders, substance-use 
disorders and co-occurring disabilities and treatment methods.
8m. Recovery concepts and principles which ensure that ser-
vices and supports promote consumer hope, healing, empower-
ment and connection to others and to the community; and are 
provided in a manner that is respectful, culturally appropriate, 
collaborative between consumer and service providers, based on 
consumer choice and goals and protective of consumer rights.
9. Current principles and procedures for providing services 
to children and adults with mental disorders, substance-use disor-
ders and co-occurring disorders. Areas addressed shall include 
recovery-oriented assessment and services, principles of relapse 
prevention, psychosocial rehabilitation services, age–appropriate 
assessments and services for individuals across the lifespan, 
trauma assessment and treatment approaches, including symptom 
self-management, the relationship between trauma and mental 
and substance abuse disorders, and culturally and linguistically 
appropriate services.
10. Techniques and procedures for providing non–violent 
crisis management for consumers, including verbal de–escala-
tion, methods for obtaining backup, and acceptable methods for 
self–protection and protection of the consumer and others in 
emergency situations, suicide assessment, prevention and 
management.
11. Training that is specific to the position for which each 
employee is hired.
Note: Service facilitators, for example, need a thorough understanding of facili-
tation and conflict resolution techniques, resources for meeting basic needs, any eli-
gibility requirements of potential resource providers and procedures for accessing 
these resources. Mental health professionals and substance abuse professionals will 
need training regarding the scope of their authority to authorize services and proce-
dures to be followed in the authorization process.
(c) Ongoing training program. The CCS shall ensure that 
each staff member receives at least 8 hours of inservice training a 
year that shall be designed to increase the knowledge and skills 
received by staff members in the orientation training provided 
under par. (b). Staff shared with other community mental health 
or substance abuse programs may apply documented in-service 
hours received in those programs toward this requirement if that 
training meets the requirements under this chapter. Ongoing in-
service training shall include one or more of the following:
1. Time set aside for in–service training, including discus-
sion and presentation of current principles and methods of pro-
viding psychosocial rehabilitation services.
2. Presentations by community resource staff from other 
agencies, including consumer operated services.
3. Conferences or workshops.
(d) Training records. Updated, written copies of the orienta-
tion and ongoing training programs and documentation of the ori-
entation and ongoing training received by staff members and vol-
unteers shall be maintained as part of the central administrative 
records of the CCS.
History: CR 04-025: cr. Register October 2004 No. 586 , eff. 11-1-04; correc-
tions in (1) (b) 6. and 7. made under s. 13.92 (4) (b) 7. , Stats., Register November 
2008 No. 635.
Subchapter V — Consumer Services
DHS 36.13 Consumer application. (1) APPLICATION. 
Any person seeking services under this chapter shall complete an 
application for services. Upon receipt of an application the CCS 
shall determine the applicant’s need for psychosocial rehabilita-
tion services pursuant to s. DHS 36.14.
(1m) ADMISSION AGREEMENT. An admission agreement that 
includes all of the following shall be signed by applicant at the 
time of application to the CCS:
(a) The nature of the CCS in which the consumer will be par-
ticipating, including the hours of operation and how to obtain cri-
sis services during hours in which the CCS does not operate, and 
staff member titles and responsibilities.
(b) The consumer rights under s. DHS 36.19.
(c) An acknowledgement of receipt and understanding of the 
information received in pars. (a) and (b).
(2) SERVICES PENDING DETERMINATION OF THE NEED FOR 
PSYCHOSOCIAL REHABILITATION SERVICES. Pending determina-
tion of the need for psychosocial rehabilitation services, the CCS 
shall identify any immediate needs of the consumer. The appli-
cant may be provided with psychosocial rehabilitation services 
and supportive activities, including identifying recovery team 
members under s. DHS 36.16 (7) to meet those needs only after 
the occurrence of all of the following:
(a) A mental health professional has authorized services as 
evidenced by the signature of the mental health professional as 
required in s. DHS 36.15.
(b) The assessment of initial needs and the authorization for 
services have been documented.
(c) An admission agreement is signed by the applicant.
(3) DETERMINATION OF THE NEED FOR PSYCHOSOCIAL REHA-
BILITATION SERVICES. The need for psychosocial rehabilitation 
services shall be determined pursuant to s. DHS 36.14.
(4) DISCRIMINATION PROHIBITED. The CCS shall ensure that 
no consumer is denied benefits or services or is subjected to dis-
crimination on the basis of age, race or ethnicity, religion, color, 
sexual orientation, marital status, arrest or conviction record, an-
cestry, national origin, disability, gender, sexual orientation or 
physical condition.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.
DHS 36.14 Criteria for determining the need for 
psychosocial rehabilitation services. Psychosocial reha-
bilitation services shall be available to individuals who are deter-
mined to require more than outpatient counseling but less than 
the services provided by a community support program under s. 
51.421, Stats., and ch. DHS 63, as indicated by the results of a de-
partment-approved functional screen, which must be adminis-
tered initially and annually, and meet all of the following criteria:
(1) Has a diagnosis of a mental disorder or a substance use 
disorder.
(2) Has a functional impairment that interferes with or limits 
one or more major life activities and results in needs for services 
that are described as ongoing, comprehensive and either high-in-
tensity or low-intensity. Determination of a qualifying functional 
impairment is dependent upon whether the applicant meets one 
of the following descriptions:
(a) ‘Group 1’. Persons in this group include children and 
adults in need of ongoing, high-intensity, comprehensive services 
who have diagnoses of a major mental disorder or substance use 
disorder, and substantial needs for psychiatric, substance abuse, 
or addiction treatment.
(b) ‘Group 2’. Persons in this group include children and 
adults in need of ongoing, low-intensity comprehensive services 
who have a diagnosed mental or substance-use disorder. These 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
9 DEPARTMENT OF HEALTH SERVICES DHS 36.16
individuals generally function in a fairly independent and stable 
manner but may occasionally experience acute psychiatric crises.
Note: Appropriate identification of mental health or substance-use related prob-
lems for this group is critical, especially because they are often first seen in non-
mental health or substance-use treatment settings, e.g., primary care sector, school 
system, law enforcement, child welfare, aging services, domestic violence shelters, 
etc.
(3) (a) If the department-approved functional screen cannot 
be completed at the time of the consumer’s application, the CCS 
shall conduct an assessment of the applicant’s needs pursuant to 
s. DHS 36.16 (3) and (4). An assessment conducted under s. 
DHS 36.16 (3) and (4) may be abbreviated if any one of the con-
ditions under s. DHS 36.16 (5) applies.
(b) If an applicant is determined to not need psychosocial re-
habilitation services, no additional psychosocial rehabilitation 
services may be provided to the applicant by the CCS program. 
The applicant shall be given written notice of the determination 
and referred to a non-CCS program. The applicant may submit a 
written request for a review of the determination to the 
department.
Note: A written request for a review of the determination of need for psychoso-
cial rehabilitation services should be addressed to the Bureau of Prevention, Treat-
ment and Recovery, 1 W. Wilson Street, Room 433, PO Box 7851, Madison, WI 
53707-7851.
(c) If an applicant is determined to need psychosocial rehabil-
itation services, a comprehensive assessment shall be conducted 
under s. DHS 36.16 (3) and (4) unless the following conditions 
are present:
1. A comprehensive assessment was conducted and com-
pleted under par. (a).
2. The consumer qualifies for an abbreviated assessment un-
der s. DHS 36.16 (5).
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 
CR 25-055: am. (intro.), (2) (a) February 2026 No. 842, eff. 3-1-26.
DHS 36.15 Authorization of services. (1) Before a 
service is provided to an applicant under s. DHS 36.13 (2) or 
36.17, a mental health professional shall do all of the following:
(a) Review and attest to the applicant’s need for psychosocial 
rehabilitation services and medical and supportive activities to 
address the desired recovery goals.
(b) Assure that a statement authorizing the proposed psy-
chosocial rehabilitation services under the standards set forth in 
par. (a) is provided and filed in the consumer service record.
(2) If the applicant has or may have a substance use disorder, 
a substance abuse use professional shall also sign the authoriza-
tion for services.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; CR 25-
055: am. (2) Register February 2026 No. 842, eff. 3-1-26.
DHS 36.16 Assessment process. (1) POLICIES AND 
PROCEDURES. The CCS shall implement policies and procedures 
that address the requirements under this section.
(2) FACILITATION. All of the following shall occur concern-
ing the assessment:
(a) The assessment process and the assessment summary re-
quired under sub. (6) shall be completed within 30 days of receipt 
of an application for services. The assessment process shall be 
explained to the consumer and, if appropriate, a legal representa-
tive or family member.
(b) The assessment process shall be facilitated by a service 
facilitator.
(c) Substance use diagnoses shall be established by a sub-
stance abuse professional. An assessment of the consumer’s sub-
stance use, strengths and treatment needs also shall be conducted 
by a substance abuse professional.
(d) The assessment process shall incorporate, to the greatest 
extent possible, the consumer’s unique perspective and own 
words about how he or she views his or her recovery, experience, 
challenges, strengths, resources and needs in each of the domains 
included in the assessment process.
(3) ASSESSMENT CRITERIA. The assessment shall be compre-
hensive and accurate. The assessment shall be conducted within 
the context of the domains listed in sub. (4), and any other do-
mains identified by the CCS, and shall be consistent with all of 
the following:
(a) Be based upon known facts and recent information and 
evaluations and include assessment for co-existing mental health 
disorders, substance-use disorders, physical or mental impair-
ments and medical problems.
(b) Be updated as new information becomes available, or at 
least every 6 months.
(c) Address the strengths, needs, recovery goals, priorities, 
preferences, values and lifestyle of the consumer.
(d) Address age and developmental factors that influence ap-
propriate outcomes, goals and methods for addressing them.
(e) Identify the cultural and environmental supports as they 
affect identified goals and desired outcomes and preferred meth-
ods for achieving the identified goals.
(f) Identify the consumer’s recovery goals and understanding 
of options for treatment, psychosocial rehabilitation services and 
self-help programs to address those goals.
(4) ASSESSMENT DOMAINS. The assessment process shall ad-
dress all of the following domains of functioning:
(a) Life satisfaction.
(b) Basic needs.
(c) Social network and family involvement. In this paragraph 
“family involvement” means the activities of a family member to 
support a consumer receiving psychosocial rehabilitation ser-
vices. Except where rights of visitation have been terminated, the 
family of a minor shall always be included. The family of an 
adult consumer may be involved only when the adult has given 
written permission.
(d) Community living skills.
(e) Housing issues.
(f) Employment.
(g) Education.
(h) Finances and benefits.
(i) Mental health
(j) Physical health.
(k) Substance use.
(L) Trauma and significant life stressors.
(m) Medications.
(n) Crisis prevention and management.
(o) Legal status.
(p) Any other domain identified by the CCS.
(5) ABBREVIATED ASSESSMENT. (a) The assessment in sub. 
(3) may be abbreviated if the consumer has signed an admission 
agreement and one of the following circumstances apply:
1. The consumer’s health or symptoms are such that only 
limited information can be obtained immediately.
2. The consumer chooses not to provide information neces-
sary to complete a comprehensive assessment at the time of 
application.
3. The consumer is immediately interested in receiving only 
specified services that require limited information.
(b) An assessment conducted under this subsection shall meet 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.16 WISCONSIN ADMINISTRATIVE CODE 10
the requirements under sub. (3) to the extent possible within the 
context that precluded a comprehensive assessment.
(c) The assessment summary required to be completed under 
sub. (6) shall include the specific reason for abbreviating the 
assessment.
(d) An abbreviated assessment shall be valid for up to 3 
months from the date of the application. Upon the expiration 
date, a comprehensive assessment shall be conducted to continue 
psychosocial rehabilitation services. If a comprehensive assess-
ment cannot be conducted when the abbreviated assessment ex-
pires, the applicant shall be given notice of a determination that 
the consumer does not need psychosocial rehabilitation services 
pursuant to the requirements of s. DHS 36.14 (3) (b).
(6) ASSESSMENT SUMMARY. The assessment shall be docu-
mented in an assessment summary that shall be prepared by a 
member of the recovery team and shall include all of the 
following:
(a) The period of time within which the assessment was con-
ducted. Each meeting date shall be included.
(b) The information on which outcomes and service recom-
mendations are based.
(c) Desired outcomes and measurable goals desired by the 
consumer.
(d) The names and relationship to the consumer of all individ-
uals who participated in the assessment process.
(e) Significant differences of opinion, if any, which are not re-
solved among members of the recovery team.
(f) Signatures of persons present at meetings being 
summarized.
(7) RECOVERY TEAM. (a) The consumer shall be asked to 
participate in identifying members of the recovery team.
(am) The recovery team shall include all of the following:
1. The consumer.
2. A service facilitator.
3. A mental health professional or substance abuse profes-
sional. If the consumer has or is believed to have a co-occurring 
condition, the recovery team shall consult with an individual who 
has the qualifications of a mental health professional and sub-
stance abuse professional or shall include both a mental health 
professional and substance abuse professional or a person who 
has the qualifications of both a mental health professional and 
substance abuse professional on the recovery team.
4. Service providers, family members, natural supports and 
advocates shall be included on the recovery team, with the con-
sumer’s consent, unless their participation is unobtainable or 
inappropriate.
5. If the consumer is a minor or is incompetent or incapaci-
tated, a parent or legal representative of the consumer, as applica-
ble, shall be included on the recovery team.
(b) 1. The recovery team shall participate in the assessment 
process and in service planning. The role of each team member 
shall be guided by the nature of team member’s relationship to 
the consumer and the scope of the team member’s practice.
2. Team members shall provide information, evaluate input 
from various sources, and make collaborative recommendations 
regarding outcomes, psychosocial rehabilitation services and 
supportive activities. This partnership shall be built upon the cul-
tural norms of the consumer.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; CR 25-
055: am. (3) (b) Register February 2026 No. 842, eff. 3-1-26.
DHS 36.17 Service planning and delivery pro-
cesses. (1) POLICIES AND PROCEDURES. The CCS shall im-
plement policies and procedures that address the requirements 
under this section.
(2) FACILITATION OF SERVICE PLANNING. (a) A written ser-
vice plan shall be based upon the assessment and completed 
within 30 days of the consumer’s application for services. The 
service plan shall include a description of all of the following:
(b) The service planning process shall be explained to the 
consumer and, if appropriate, a legal representative or family 
member.
(c) The service planning process shall be facilitated by the 
service facilitator in collaboration with the consumer and recov-
ery team.
(d) Service planning shall address the needs and recovery 
goals identified in the assessment.
(2m) SERVICE PLAN DOCUMENTATION. (a) The service plan 
shall include a description of all of the following:
1. The service facilitation activities, that will be provided to 
the consumer or on the consumer’s behalf.
2. The psychosocial rehabilitation and treatment services, to 
be provided to or arranged for the consumer, including the sched-
ules and frequency of services provided.
3. The service providers and natural supports who are or will 
be responsible for providing the consumer’s treatment, rehabilita-
tion, or support services and the payment source for each.
4. Measurable goals and type and frequency of data collec-
tion that will be used to measure progress toward desired 
outcomes.
(b) An attendance roster shall include recovery team members 
in attendance at each service planning meeting. The roster shall 
include the date of the meeting and the name of each person at-
tending the meeting. Each original, updated, and partially com-
pleted service plan shall be maintained in the consumer’s service 
record as required in s. DHS 36.18.
(c) The completed service plan shall be signed by the con-
sumer, a mental health or substance abuse professional and the 
service facilitator.
(d) Documentation of the service plan shall be available to all 
members of the recovery team.
(3) SERVICE PLAN REVIEW. The service plan for each con-
sumer shall be reviewed and updated as the needs of the con-
sumer change or at least every 6 months. A service plan that is 
based on an abbreviated assessment shall be reviewed and up-
dated upon the expiration of the abbreviated assessment or before 
that time if the needs of the consumer change. The review shall 
include an assessment of the progress toward goals and consumer 
satisfaction with services.
(4) SERVICE DELIVERY. (a) Psychosocial rehabilitation and 
treatment services shall be provided in the most natural and least 
restrictive manner and most integrated settings practicable con-
sistent with current legal standards, be delivered with reasonable 
promptness, and build upon the natural supports available in the 
community.
(b) Services shall be provided with sufficient frequency to 
support achievement of goals identified in the service plan.
(c) Documentation of the services shall be included in the ser-
vice record of the consumer under the requirements in s. DHS 
36.18.
(5) DISCHARGE. (a) Discharge from the CCS shall be based 
on the discharge criteria in the service plan of the consumer un-
less any one of the following applies:
1. The consumer no longer wants psychosocial rehabilitation 
services.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
11 DEPARTMENT OF HEALTH SERVICES DHS 36.19
2. The whereabouts of the consumer are unknown for at least 
3 months despite diligent efforts to locate the consumer.
3. The consumer refuses services from the CCS for at least 3 
months despite diligent outreach efforts to engage the consumer.
4. The consumer enters a long-term care facility for medical 
reasons and is unlikely to return to community living.
5. The consumer is deceased.
6. Psychosocial rehabilitation services are no longer needed.
(am) When a consumer is discharged from the CCS program, 
the consumer shall be given written notice of the discharge. The 
notice shall include all of the following:
1. A copy of the discharge summary developed under par. 
(b).
2. Written procedures on how to re-apply for CCS services.
3. Information on how the consumer who is involuntarily 
discharged from the CCS program can submit to the department 
a written request for a review of the discharge.
Note: A written request for review of the determination of need for psychosocial 
rehabilitation services should be addressed to the Bureau of Prevention, Treatment 
and Recovery, 1 W. Wilson Street, Room 850, P.O. Box 7851, Madison, WI 53707-
7851.
(b) The CCS shall develop a written discharge summary for 
each consumer discharged from psychosocial rehabilitation ser-
vices. The discharge summary shall include all of the following:
1. The reasons for discharge.
2. The consumer’s status and condition at discharge includ-
ing the consumer’s progress toward the outcomes specified in the 
service plan.
3. Documentation of the circumstances, as determined by the 
consumer and recovery team, that would suggest a renewed need 
for psychosocial rehabilitation services.
4. For a planned discharge, the signature of the consumer, 
the service facilitator, and mental health professional or sub-
stance abuse professional. With the consumer’s consent, this 
summary shall be shared with providers who will be providing 
subsequent services.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (5) (am) 3. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 
635; CR 23-053: am. (2m) (b) Register September 2023 No. 813, eff. 10-1-23; CR 
25-055: r. and recr. (5) (am) 3. Register February 2026 No. 842, eff. 3-1-26.
DHS 36.18 Consumer service records. (1) Each 
consumer service record shall be maintained pursuant to the con-
fidentiality requirements under HIPAA, s. 51.30, Stats., ch. DHS 
92 and, if applicable, 42 CFR Part 2. Electronic records and elec-
tronic signatures shall meet the HIPAA requirements in 45 CFR 
164, Subpart C.
(2) The CCS shall maintain in a central location a service 
record for each consumer. Each record shall include sufficient in-
formation to demonstrate that the CCS has an accurate under-
standing of the consumer, the consumer’s needs, desired out-
comes and progress toward goals. Entries shall be legible, dated 
and signed.
(3) Each consumer record shall be organized in a consistent 
format and include a legend to explain any symbol or abbrevia-
tion used. All of the following information shall be included in 
the consumer’s record:
(a) Results of the assessment completed under s. DHS 36.16, 
including the assessment summary.
(b) Initial and updated service plans, including attendance 
rosters from service planning sessions.
(c) Authorization of services statements.
(d) Any request by the consumer for a change in services or 
service provider and the response by the CCS to such a request.
(e) Service delivery information, including all of the 
following:
1. Service facilitation notes and progress notes.
2. Records of referrals of the consumer to outside resources.
3. Descriptions of significant events that are related to the 
consumer’s service plan and contribute to an overall understand-
ing of the consumer’s ongoing level and quality of functioning.
4. Evidence of the consumer’s progress, including response 
to services, changes in condition and changes in services 
provided.
5. Observation of changes in activity level or in physical, 
cognitive or emotional status and details of any related referrals.
6. Case conference and consultation notes.
7. Service provider notes in accordance with standard profes-
sional documentation practices.
8. Reports of treatment, or other activities from outside re-
sources that may be influential in the CCS’s service planning.
(f) A list of current prescription medication and regularly 
taken over the counter medications. Documentation of each pre-
scribed medication shall include all of the following:
1. Name of the medication and dosage.
2. Route of administration.
3. Frequency.
4. Duration, including the date the medication is to be 
stopped.
5. Intended purpose.
6. Name of the prescriber. The signature of prescriber is also 
required if the CCS prescribes medication as a service.
7. Activities related to the monitoring of medication includ-
ing monitoring for desired responses and possible adverse drug 
reactions, as well as an assessment of the consumer’s ability to 
self-administer medication.
7m. Medications may be administered only by a physician, 
nurse, a practitioner, a person who has completed training in a 
drug administration course, or by the consumer.
8. If a CCS staff member administers medications, each 
medication administered shall be documented on the consumer’s 
individual medication administration record (MAR) including, 
the time the medication was administered and by whom and ob-
servation of adverse drug reactions, including a description of the 
adverse drug reaction, the time of the observation and the date 
and time the prescriber of the medication was notified. If a med-
ication was missed or refused by the consumer, the record shall 
explicitly state the time that it was scheduled and the reason it 
was missed or refused.
(g) Signed consent forms for disclosure of information and for 
medication administration and treatment.
(h) Legal documents addressing commitment, guardianship, 
and advance directives.
(i) Discharge summary and any related information.
(j) Any other information that is appropriate for the consumer 
service record.
History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction 
in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 
25-055: am. (3) (f) 7m. Register February 2026 No. 842, eff. 3-1-26.
DHS 36.19 Consumer rights. (1) The CCS shall com-
ply with the patient rights and grievance resolution procedures in 
s. 51.61, Stats., and ch. DHS 94, and all of the following:
(a) Choice in the selection of recovery team members, ser-
vices, and service providers.
(b) The right to specific, complete and accurate information 
about proposed services.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 36.19 WISCONSIN ADMINISTRATIVE CODE 12
Note: A written request for review of the determination of need for psychosocial 
rehabilitation services should be addressed to the Bureau of Prevention, Treatment 
and Recovery, 1 W. Wilson Street, Room 850, P.O. Box 7851, Madison, WI 53707-
7851.
(1m) Consumers shall not be required to use telehealth to re-
ceive services and an in-person option must be available. 
Providers are not required to provide services via telehealth to an 
individual or a program.
(2) The service facilitator shall ensure that the consumer un-
derstands the options of using the formal and informal grievance 
resolution process in s. DHS 94.40 (4) and (5).
History: CR 04-025: cr. Register October 2004 No. 586 , eff. 11-1-04; correc-
tions made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635; CR 
23-053: cr. (1m) Register September 2023 No. 813, eff. 10-1-23; CR 25-055: r. (1) 
(c) Register February 2026 No. 842, eff. 3-1-26.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register February 2026 No. 842