Wisconsin Administrative Code

DHS 133.13 Emergency notification. Home health agency personnel shall promptly notify a patient’s physician, advanced practice nurse prescriber, physician assistant, or other appropriate medical personnel and guardian, if any, of any significant changes observed or reported in th…

DHS 133.14 Skilled nursing services. (1) PROVISION OF SERVICES. Skilled nursing services shall be provided by or under the supervision of a registered nurse. (2) DUTIES OF THE REGISTERED NURSE. The registered nurse shall: (a) Make the initial evaluation visit to the patient. (b) …

DHS 133.15 Therapy services. (1) PROVISION OF SERPhysical therapy, occupational therapy, speech therapy, and other therapy services provided directly by the home health agency or arranged for under s. DHS 133.19, shall be given in accordance with the plan of care developed under …

DHS 133.16 Medical social services. If offered, medical social services shall be provided by a social worker in accordance with the plan of care developed under s. DHS 133.20. Individuals providing these services shall perform the duties under s. DHS 133.14 (2) (c), (f), (h) and …

DHS 133.17 Home health aide services. (1) PROVIWhen a home health agency provides or arranges for home health aide services, the services shall be given in accordance with the plan of care provided for under s. DHS 133.20, and shall be supervised by a registered nurse or, when ap…

DHS 133.18 Supervisory visits. (1) If a patient receives skilled nursing care, a registered nurse shall make a supervisory visit to each patient’s residence at least every 2 weeks. The visit may be made when the home health aide is present or when the home health aide is absent. …

DHS 133.19 Services under contract. (1) TERMS. A written contract shall be required for health care services purchased on an hourly or per visit basis or by arrangement with another provider. The contract shall contain: (a) A statement that patients are accepted for care only by …

DHS 133.20 Plan of care. (1) REQUIREMENT. A plan of care, including physician’s, advanced practice nurse prescriber’s, or physician assistant’s orders, shall be established for every patient accepted for care and shall be incorporated in the patient’s medical record. An initial p…

DHS 133.21 Medical records. (1) REQUIREMENT. A medical record shall be maintained on each patient and shall be completely and accurately documented, systematically organized and readily accessible to authorized personnel. (2) SECURITY. Medical record information shall be safeguar…

DHS 134.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) and (3), Stats., to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. This chapter is intended …

DHS 134.12 Scope. (1) APPLICABILITY. All facilities that provide care primarily for people with developmental disabilities who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chap…

DHS 134.13 Definitions. In this chapter: (1) “Abuse” has the meaning specified under s. DHS 13.03 (1). (2) “Active treatment” means an ongoing, aggressive and consistently applied program of training and treatment services to allow the client to function as independently as possi…

DHS 134.14 Licensure. (1) APPLICATION. Application for a license to operate an FDD shall be made on a form provided by the department. Note: To obtain a copy of the application form for a license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wis…

DHS 134.31 Rights of residents. (1) FACILITY OBLIAll facilities shall comply with the requirements governing residents’ rights enumerated in s. 50.09, Stats., and this chapter. Facilities shall have written policies and procedures to ensure that staff recognize that residents hav…

DHS 134.32 Community organization access. (1) ACCESS. (a) Definition. In this section, “access” means the right of a community organization to: 1. Enter any facility; 2. Ask a resident’s permission to communicate privately and without restriction with the resident; 3. Communicate…

DHS 134.33 Housing residents in locked units. (1) DEFINITIONS. In this section: (a) “Consent” means a written, signed request given without duress by a resident capable of understanding the nature of the locked unit, the circumstances of his or her condition and the meaning of th…

DHS 134.41 Administrator. (1) ADMINISTRATOR’S RESPONSIBILITY. The administrator is responsible for the total operation of the facility and shall provide the supervision necessary to ensure that the residents receive proper care and treatment, that their health and safety are prot…

DHS 134.42 Qualified intellectual disabilities professional (QIDP). (1) Every facility shall have at least one 8 qualified intellectual disabilities professional on staff in addition to the administrator, except that in a facility with 50 or fewer beds the administrator, if quali…

DHS 134.44 Employees and other service providers. (1) DEFINITION. In this section, “employee” means anyone directly employed by the facility. (2) QUALIFICATIONS AND RESTRICTIONS. (a) No person under 16 years of age may be employed by the facility to provide direct care to residen…

DHS 134.45 Employee development. (1) ORIENTAExcept in an emergency, before a new employee, including a temporary employee, performs any duties, he or she shall be oriented to the facility and its policies, including policies and procedures concerning fire prevention, accident pre…

DHS 134.46 Abuse of residents. (1) CONSIDERATE Employees and all other persons with whom residents come into contact shall treat the residents with courtesy, respect and full recognition of their dignity and individuality and shall give them considerate care and treatment at all …

DHS 134.47 Records. (1) DEPARTMENT ACCESS. The administrator of a facility or the administrator’s designee shall provide the department with any information the department needs to determine if the facility is in compliance with chs. 50, 51 and 55, Stats., and this chapter and sh…

DHS 134.51 Limitations on admissions and retentions. (1) LIMITATIONS ON ADMISSION. (a) Bed capacity. No facility may admit or retain more persons than the maximum bed capacity for which it is licensed. (b) Persons requiring unavailable services. 1. Persons who require services th…

DHS 134.52 Admission-related requirements. (1) EXCEPTION. The procedures in this section apply to all persons admitted to facilities except persons admitted for short-term care. Section DHS 134.70 (2) applies to persons admitted for shortterm care. (2) CONDITIONS FOR ADMISSION. A…

DHS 134.53 Removal from the facility. (1) SCOPE. The provisions of this section shall apply to all transfers, discharges and leaves of residents from facilities except that the removal of residents when a facility closes is governed by s. 50.03 (14), Stats. (2) REASONS FOR REMOVA…

DHS 134.54 Transfer within the facility. Prior to any transfer of a resident between rooms or beds within a facility, the resident or guardian, if any, and any other person designated by the resident or guardian shall be given reasonable notice and an explanation of the reasons f…

DHS 134.60 Resident care. (1) RESIDENT CARE PLAN(a) Interdisciplinary team. 1. An interdisciplinary team shall develop a resident’s individual program plan. 2. Membership on the interdisciplinary team for resident care planning may vary based on the professions, disciplines and s…

DHS 134.61 Nursing services. (1) REQUIRED SERVICES. All facilities shall provide residents with nursing services in accordance with the needs of the residents. These services shall include: (a) The development, review, and updating of an IPP as part of the interdisciplinary team …

DHS 134.62 Professional program services. (1) PROVISION OF SERVICES. All facilities shall have or arrange for professional program services staff to implement the active treatment program defined in a resident’s individual program plan (IPP). Professional program staff shall work…

DHS 134.64 Dietetic services. (1) SERVICES. Facilities shall provide or contract for dietetic services which meet the requirements of this section. Services shall include: DHS 134.64 (a) Planning menus that provide nutritionally adequate diets to all residents; (b) Initiating foo…

DHS 134.65 Dental services. (1) FORMAL ARRANGEMENTS. The facility shall have a formal written arrangement with dental service providers to provide the dental services required for each resident under this section. The services shall be provided by personnel licensed or certified …

DHS 134.66 Medical services. (1) MEDICAL SERVICES - GENERAL. A facility shall have written agreements with health care providers to provide residents with 24-hour medical services, including emergency care. (2) PHYSICIAN SERVICES. (a) Attending physician. 1. Each resident shall b…

DHS 134.67 Pharmaceutical services. (1) DEFINITIONS. In this section: (a) “Medication” has the meaning prescribed for “drug” in s. 450.06, Stats. (b) “Prescription medication” has the meaning prescribed for “prescription drug” in s. 450.07, Stats. (c) “Schedule II drug” means any…

DHS 134.68 Laboratory, radiologic and blood services. (1) DIAGNOSTIC SERVICES. (a) Facilities shall provide or promptly obtain laboratory, radiologic and other diagnostic services needed by residents. (b) Any laboratory and radiologic services provided by a facility shall meet th…

DHS 134.70 Special requirements when persons are admitted for short-term care. (1) SCOPE. Facilities that admit persons for short-term care may use the procedures included in this section rather than the procedures included in ss. DHS 134.52 and 134.60 (1). The requirements in th…

DHS 134.71 Furniture, equipment and supplies. (1) FURNITURE IN RESIDENT CARE AREAS. (a) Beds. 1. The facility shall provide each resident with a separate bed of proper size and height for the convenience of the resident. The bed shall be in good repair and have a headboard of stu…

DHS 134.72 Safety and sanitation. (1) GENERAL REQUIREMENT. Facilities shall develop and implement policies that provide for a safe and sanitary environment for residents and personnel at all times. (2) CLEANING AND REPAIR. (a) General. Facilities shall be kept clean and free from…

DHS 134.81 Scope and definitions. (1) APPLICATION. This subchapter applies to all facilities except where noted. Wherever a rule in s. DHS 134.83 or 134.84 modifies the applicable life safety code under s. DHS 134.82, the rule shall take precedence. (2) DEFINITIONS. The definitio…

DHS 134.812 Review for compliance with this chapter and the state building code. (1) The department shall review FDD construction and remodeling plans for compliance with this chapter and for compliance with the state commercial building code, chs. SPS 361 to 365, with the except…

DHS 134.815 Fees for plan reviews. (1) REQUIREMENT. Before the start of any construction or remodeling project for an FDD, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. DHS 134.84 (1), for DHS 134.815 review and approval by the …

DHS 134.82 Life safety code. (1) APPLICABILITY. Facilities shall meet the applicable provisions of the 2012 edition of the Life Safety Code. Note: Copies of the 2012 Life Safety Code and related codes are on file in the Department’s Division of Quality Assurance and the Legislati…

DHS 134.83 Safety and systems. (1) MAINTENANCE. The building shall be maintained in good repair and kept free of hazards, including hazards created by any damaged or defective building equipment. Floors shall be maintained in a safe condition. (2) CORRIDORS. (a) In all facilities…

DHS 134.84 Design. (1) SUBMISSION OF PLANS AND SPECIFICATIONS. (a) For all new construction: 1. One copy of the schematic and preliminary plans shall be submitted to the department for review and approval of the functional layout; and 2. One copy of the working plans and specific…

DHS 135.01 Purpose and authority. This chapter and ch. DHS 136 regulate the preparation, transportation and disposition of human corpses and stillbirths for purposes of protecting the health of the public and properly registering deaths. The chapter is promulgated under the autho…

DHS 135.02 Definitions. In this chapter: (1) XCommon carrierY has the meaning prescribed for Xcommon motor carrierY in s. 194.01 (1), Stats., and in addition includes a vehicle using rails, air or water to transport persons or property. (2) XCremation permitY has the meaning pres…

DHS 135.03 Responsibility for notification of death. (1) When a person dies, the funeral director or, if a funeral director is not involved, a member of the immediate family of the deceased, shall present or mail a completed death certificate to the local registrar in the registr…

DHS 135.04 Removal from a hospital or nursing home. (1) HOLDING, PENDING DECISION OF RELATIVE, FRIEND OR PUBLIC AUTHORITIES. Hospital or nursing home authorities shall make provision for holding a human corpse until a relative, friend or the public authorities determine what disp…

DHS 135.05 Preparation and funeral. (1) PREPARATION FOR BURIAL OR FOR ENTOMBMENT. (a) In removing bodies and preparing them for burial or other disposition or for transportation, the funeral director and registered apprentice funeral director shall use universal precautions and o…

DHS 135.06 Transportation and burial or other disposition. (1) REPORT FOR FINAL DISPOSITION. (a) 1. Except for transportation under s. DHS 135.07 for purposes of reinterment, a report for final disposition completed by the funeral director or other person preparing the body for b…

DHS 135.07 Disinterment. (1) No human remains that are buried or resting in a permanent vault may be disinterred, transported and reinterred unless a disinterment permit is first obtained from the coroner or medical examiner of the county in which the disinterment is to take plac…