# Wis. Admin. Code DHS § 40.03: Definitions > Wisconsin · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_03 ## Section - **Citation:** Wis. Admin. Code DHS § 40.03 - **Heading:** Definitions - **Jurisdiction:** Wisconsin - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Wisconsin Administrative Code / DHS / Chapter DHS 40 / § DHS 40.03 ## Text Definitions. Definitions. In this chapter: (1) “Advanced practice nurse” has the meaning given in s. N 8.02 (1) . (2) “Advanced practice nurse prescriber” has the meaning given in s. N 8.02 (2) . (3) Assessment” means the process required under s. DHS 40.13 . (4) “Biopsychosocial information” means the combination of physical, psychological, social, environmental, and cultural factors that influence a youth’s development and functioning including underlying driving forces or unmet needs that are expressed through challenging behavior that a youth is exhibiting. (5) “Care coordination” means efforts by day treatment programs to work jointly with other service systems and agencies, including schools, corrections, child welfare, substance use disorder treatment, and mental and physical health providers, in order to enhance services and supports and reduce barriers to service delivery. (6) “Chemical restraint” means any medication or substance that may decrease a youth’s independent functioning and that is not administered pursuant to a current treatment plan. (7) “Client” means a youth receiving mental health day treatment services from a program. (8) “Clinical collaboration” means a joint intellectual and clinical effort by mental health professionals, intended to produce therapeutic benefits and favorable outcomes. (9) “Clinical supervision” means the process described in s. DHS 40.10 (5) . (10) “Community-based program” means a program providing mental health day treatment services for youth in a facility that is not affiliated with a hospital. (11) “Co-occurring disorder” means any combination of both a mental health disorder and a substance use disorder. (12) “Crisis response services” means written policies and procedures for identifying risk of suicidal ideation, attempted suicide, or risk of harm to self or others. program providing mental health day treatment services for youth in a facility that is not affiliated with a hospital. (11) “Co-occurring disorder” means any combination of both a mental health disorder and a substance use disorder. (12) “Crisis response services” means written policies and procedures for identifying risk of suicidal ideation, attempted suicide, or risk of harm to self or others. (13) “Cultural responsiveness” means the process by which staff engage respectfully and effectively with a youth or legal representative of all cultures, languages, classes, races, ethnic backgrounds, disabilities, religions, genders, sexual orientations, and other diversity factors in a manner that does all of the following: (a) Recognizes, affirms, and values the worth of youth, families and communities. (b) Protects and preserves the dignity of youth, families and communities. (c) Provides choices for action that are aligned with the context and preferences that derive from their culture and worldview. (14) “Deficiency” means a failure to meet a requirement of this chapter. (15) “Department” means the Wisconsin department of health services. (16) “Educational service” means a program provided by a local education agency that has a unique identification code assigned by the Wisconsin department of public instruction and that provides or directly supervises PK-12 services. (17) “Evidence-based practice” means a practice, such as a systemic decision-making process or a service that has been shown, through available scientific evidence, to consistently improve measurable client outcomes. (18) “Family-driven care” means care that facilitates involvement by family and legal representatives in a youth’s care, in order to improve outcomes. (18m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient 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. ” means care that facilitates involvement by family and legal representatives in a youth’s care, in order to improve outcomes. (18m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient 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. (19) “Gender-sensitive service” means a service that comprehensively addresses gender-related needs and fosters positive gender identity development. (20) “Intensive hospital-based program” means a program providing mental health day treatment services for youth with an acute level of need. This setting is meant to support youth with severe symptomology who need closer supervision. (21) “Legal representative” means any of the following: (a) A guardian of the person, as defined under s. 54.01 (12) , Stats. (b) An adult client’s health care agent, as defined in s. 155.01 (4) , Stats. (c) A parent of a minor, as defined in s. 48.02 (13) , Stats., a guardian, as defined in s. 48.02 (8) , Stats., or a legal custodian, as defined in s. 48.02 (11) , Stats. (d) Any other individual or entity with legal authority to represent the client. (22) “Licensed treatment professional” means any of the following, whose license is in good standing at the time of practice: (a) A physician licensed under s. 448.03 (1) (a) , Stats., who has completed a residency in psychiatry. (b) A psychologist or a private practice school psychologist licensed under ch. 455 , Stats. (c) A marriage and family therapist licensed under s. 457.10 or 457.11 , Stats. (d) A professional counselor licensed under s. 457.12 or 457.13 , Stats. cense is in good standing at the time of practice: (a) A physician licensed under s. 448.03 (1) (a) , Stats., who has completed a residency in psychiatry. (b) A psychologist or a private practice school psychologist licensed under ch. 455 , Stats. (c) A marriage and family therapist licensed under s. 457.10 or 457.11 , Stats. (d) A professional counselor licensed under s. 457.12 or 457.13 , Stats. (e) A clinical social worker licensed under s. 457.08 (4) , Stats. (23) “Local educational agency” means a school district, as provided in s. 115.01 (3) , Stats., a cooperative educational services agency (CESA) established under ch. 116 , Stats., or a board established under s. 115.817 , Stats. (24) “Major deficiency” means a determination by the department that any of the following occurred: (a) The program or a staff member created a risk of harm to a client or violated a client right created by this chapter. (b) A staff member had sexual contact, as defined in s. 940.225 (5) (b) , Stats., with a client. (c) A staff member was convicted of abuse under s. 940.285 , 940.29 , or 940.295 , Stats. (d) A staff member was included on the Caregiver Misconduct Registry under ch. DHS 13 and did not receive a rehabilitation determination from the department for all instances of substantiated misconduct. (e) The program or a staff member submitted or caused to be submitted a false statement for purposes of obtaining certification under this chapter. under s. 940.285 , 940.29 , or 940.295 , Stats. (d) A staff member was included on the Caregiver Misconduct Registry under ch. DHS 13 and did not receive a rehabilitation determination from the department for all instances of substantiated misconduct. (e) The program or a staff member submitted or caused to be submitted a false statement for purposes of obtaining certification under this chapter. (f) A license, certification, or required approval of the program expired, was revoked, or was suspended by any local, state, or federal authority, or the program’s Medicaid or Medicare provider certification was suspended or terminated for any basis under s. DHS 106.06 or federal law, or by any local, state, or federal authority. (25) “Measurable objective” means a clear statement of the behavioral changes that are to be made, the conditions under which the behaviors are to occur, and a criterion for success. (26) “Mechanical restraint” means any physical device, used for the purpose of limiting or controlling a youth’s movement. (27) “Mental health day treatment service” means non-residential care that is prescribed by a physician and that is provided in a clinically supervised therapeutic milieu that provides an integrated system of individual, family, and group psychotherapy, care coordination, and support services pursuant to a treatment plan. (28) “Mental health professional” means a licensed treatment professional, a qualified treatment trainee, or a recognized psychotherapy practitioner that practices within the scope of their practice. (29) “Mental health support worker” means an individual who has a bachelor’s or master’s degree and provides services to implement the treatment plan. (30) “Mental health technician” means an individual who assists mental health support workers and mental health professionals with implementation of support services. ized psychotherapy practitioner that practices within the scope of their practice. (29) “Mental health support worker” means an individual who has a bachelor’s or master’s degree and provides services to implement the treatment plan. (30) “Mental health technician” means an individual who assists mental health support workers and mental health professionals with implementation of support services. (31) “Mental illness” means a mental health disorder that a mental health professional determines substantially diminishes a youth’s ability to carry out age-appropriate activities of daily living, except that “mental illness” does not include dementia or a developmental disability. (32) “Occupational therapist” has the meaning given in s. 448.96 (4) , Stats. (33) “Occupational therapy assistant” has the meaning given in s. 448.96 (6) , Stats. (34) “Parent peer specialist” means a person with knowledge gained from parenting youth with social, emotional, behavioral, mental health or substance use challenges and who has training to increase their skills to guide and support other parents or those in a parenting role. (35) “Physical restraint” means use of physical force for the purpose of interfering with the movement of a youth, which includes forcibly moving or transporting a youth from one location to a seclusion room or area. “Physical restraint” does not include briefly holding a youth, without force, to calm or comfort her or him, or holding a youth’s hand to safely escort him or her from one area to another and similar physical guidance and prompting techniques of brief duration. (36) “Positive behavior support” means specific proactive strategies, documented in the treatment plan, intended to replace challenging behaviors with positive and functional alternatives. (37) “Physician” has the meaning given in s. 448.01 (5) , Stats. (38) “Physician assistant” has the meaning given in s. 448.971 (2) , Stats. similar physical guidance and prompting techniques of brief duration. (36) “Positive behavior support” means specific proactive strategies, documented in the treatment plan, intended to replace challenging behaviors with positive and functional alternatives. (37) “Physician” has the meaning given in s. 448.01 (5) , Stats. (38) “Physician assistant” has the meaning given in s. 448.971 (2) , Stats. (39) “Prescriber” means a physician, a physician assistant acting within the conditions and limitations set forth in ch. Med 8 , or an advanced practice nurse prescriber acting within the conditions and limitations set forth in s. N 8.06 . (40) “Program” means a community-based program or a hospital-based program. ## Nearby sections - [Wis. Admin. Code DHS § 40.01 Authority and purpose](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_01.md) - [Wis. Admin. Code DHS § 40.02 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_02.md) - [Wis. Admin. Code DHS § 40.03 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_03.md) - [Wis. Admin. Code DHS § 40.04 Certification](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_04.md) - [Wis. Admin. Code DHS § 40.05 Waivers and variances](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_05.md) - [Wis. Admin. Code DHS § 40.06 Coordination with educational services](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_06.md) - [Wis. Admin. Code DHS § 40.07 Program components](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_07.md) - [Wis. Admin. Code DHS § 40.08 Emergency safety interventions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_08.md) - [Wis. Admin. Code DHS § 40.09 Personnel qualifications](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_09.md) - [Wis. Admin. Code DHS § 40.10 Required personnel and services](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_10.md) - [Wis. Admin. Code DHS § 40.11 Referral and Screening](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_11.md) - [Wis. Admin. Code DHS § 40.12 Admission](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_12.md) - [Wis. Admin. Code DHS § 40.13 Assessment](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_13.md) - [Wis. Admin. Code DHS § 40.14 Treatment Plan](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_40_03. Check the current official text before relying on it. Not legal advice.