Chapter 50 — UNIFORM LICENSURE
51 sections in this chapter.
Wis. Stat. § 50.01 Definitions
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50.01 Definitions. As used in this subchapter: (1) “Adult family home” means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g): (a) A private residence to which all of the following apply: 1. Care and maintenance above the le…
Wis. Stat. § 50.02 Department; powers and duties
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50.02 Department; powers and duties. (1) DEPARTMENTAL AUTHORITY. The department may provide uniform, statewide licensing, inspection, and regulation of communitybased residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, a…
Wis. Stat. § 50.025 Plan reviews
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50.025 Plan reviews. The department may conduct plan reviews of all capital construction and remodeling of communitybased residential facilities. The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews. History: 1977 c. …
Wis. Stat. § 50.03 Licensing, powers and duties
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50.03 (5). The licensee is entitled to a hearing under s. 50.03 (5) prior to expiration of the license. (7) VIOLATIONS. If an act forms the basis for a violation of this section and s. 49.498, the department or the attorney general may impose sanctions in conformity with this sec…
Wis. Stat. § 50.032 Certification of certain adult family homes
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50.032 Certification of certain adult family homes. (1g) DEFINITION. In this section, “adult family home” has the meaning given in s. 50.01 (1) (a). (1m) CERTIFICATION. (a) No person may operate an adult family home unless the adult family home is certified under this section. (b…
Wis. Stat. § 50.033 Licensure of certain adult family homes
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50.033 Licensure of certain adult family homes. (1) DEFINITION. In this section, “adult family home” has the meaning given in s. 50.01 (1) (b). (1m) LICENSURE. (a) No person may operate an adult family home unless the adult family home is licensed under this section. (b) A county…
Wis. Stat. § 50.034 Residential care apartment complexes
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50.034 Residential care apartment complexes. (1) CERTIFICATION OR REGISTRATION REQUIRED. (a) No person may operate a residential care apartment complex that provides living space for residents who are clients under s. 46.277 and publicly funded services as a home health agency or…
Wis. Stat. § 50.035 Special provisions relating to regulation of community-based residential facilities
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50.035 Special provisions relating to regulation of community-based residential facilities. (1) PERSONNEL TRAINING. (a) Each employee of a community-based residential facility shall, within 90 days after the beginning date of employment, receive basic first aid training and other…
Wis. Stat. § 50.037 Community-based residential facility licensing fees
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50.037 Community-based residential facility licensing fees. (1) DEFINITION. In this section, “total monthly charges” means the total amount paid per month, including the basic monthly rate plus any additional fees, for care, treatment and services provided to a resident of a comm…
Wis. Stat. § 50.04 Special provisions applying to licensing and regulation of nursing homes
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50.04 Special provisions applying to licensing and regulation of nursing homes. (1) APPLICABILITY. This section applies to nursing homes as defined in s. 50.01 (3). (1m) DEFINITIONS. In this section, “class “C” repeat violation” means a class “C” violation by a nursing home under…
Wis. Stat. § 50.045 Therapeutic alternate drug selections in nursing homes
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50.045 Therapeutic alternate drug selections in nursing homes. (1) A nursing home that does not maintain a quality assessment and assurance committee under s. 49.498 (2) (a) 2. may maintain a committee that consists of the director of nursing services, a physician, as defined in …
Wis. Stat. § 50.05 Placement of monitor and appointment of receiver
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50.05 Placement of monitor and appointment of receiver. (1) DEFINITIONS. In this section: (a) “Affiliate” means: 1. With respect to a partnership, each partner thereof. 1L. With respect to a limited liability company, each member thereof. 2. With respect to a corporation, each of…
Wis. Stat. § 50.053 Case conference
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50.053 Case conference. The department may hold a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the …
Wis. Stat. § 50.06 Certain admissions to facilities
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50.06 Certain admissions to facilities. (1) In this section: (a) “Adult-at-risk agency” has the meaning given in s. 55.01 (1f). (b) “Advanced practice clinician” has the meaning given in s. 155.01 (1g). (c) “Incapacitated” means unable to receive and evaluate information effectiv…
Wis. Stat. § 50.065 Criminal history and patient abuse record search
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50.065 Criminal history and patient abuse record search. (1) In this section: (ag) 1. “Caregiver” means any of the following: a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of an entity, as defined b…
Wis. Stat. § 50.07 Prohibited acts
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50.07 Prohibited acts. (1) No person may: (a) Intentionally fail to correct or interfere with the correction of a class “A” or class “B” violation within the time specified on the notice of violation or approved plan of correction under s. 50.04 as the maximum period given for co…
Wis. Stat. § 50.08 Informed consent for psychotropic medications
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50.08 Informed consent for psychotropic medications. (1) In this section: UNIFORM LICENSURE 50.08 (a) “Degenerative brain disorder” has the meaning given in s. 55.01 (1v). (b) “Incapacitated” has the meaning given in s. 50.06 (1) (c). NOTE: Par. (b) is shown as amended eff. 6-1-2…
Wis. Stat. § 50.085 Visitation by family members
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50.085 Visitation by family members. (1) DEFINITIONS. In this section: (a) “Adult child” means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological …
Wis. Stat. § 50.09 Rights of residents in certain facilities
Wis. Stat. § 50.095 Resident’s right to know; nursing home reports
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50.095 Resident’s right to know; nursing home reports. (1) Every resident in or prospective resident of a nursing home has the right to know certain information from the nursing home which would aid an individual in assessing the quality of care provided by a nursing home. (2) Th…
Wis. Stat. § 50.097 Registry
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50.097 Registry. Any person may receive, upon specific written request to the department, requested information that is contained in the registry of individuals under s. 146.40 (4g) (a). History: 1989 a. 31; 1991 a. 39; 2007 a. 153.
Wis. Stat. § 50.098 Appeals of transfers or discharges
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50.098 Appeals of transfers or discharges. The department shall promulgate rules establishing a fair mechanism for hearing appeals on transfers and discharges of residents from nursing homes. History: 1989 a. 31.
Wis. Stat. § 50.10 Private cause of action
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50.10 Private cause of action. (1) Any person residing in a nursing home has an independent cause of action to correct conditions in the nursing home or acts or omissions by the nursing home or by the department, that: (a) The person alleges violate this subchapter or rules promu…
Wis. Stat. § 50.11 Cumulative remedies
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50.11 Cumulative remedies. The remedies provided by this subchapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this subchapter shall preclude any party from obt…
Wis. Stat. § 50.12 Waiver of federal requirements
Wis. Stat. § 50.13 Fees permitted for a workshop or seminar
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50.13 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or residential care apartment complexes under this subchapter, the department may establish a fee f…
Wis. Stat. § 50.135 Licensing and approval fees for inpatient health care facilities
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50.135 (2) (a). If a complete report is not timely filed, the department shall issue a warning to the licensee. The department may revoke a nursing home license for failure to timely and completely report within 60 days after the report date established under the schedule determi…
Wis. Stat. § 50.14 Assessments on licensed beds
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50.14 (1) (b), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home’s action to correct the violation,…
Wis. Stat. § 50.32 Hospital regulation and approval act
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50.32 Hospital regulation and approval act. Sections 50.32 to 50.39 shall constitute the “Hospital Regulation and Approval Act”. History: 1975 c. 413 ss. 4, 18; Stats. 1975 s. 50.32. Cross-reference: See also ch. DHS 124, Wis. adm. code.
Wis. Stat. § 50.33 Definitions
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50.33 Definitions. Whenever used in ss. 50.32 to 50.39: (1c) “Conditions for Medicare participation for hospitals” means the conditions of participation specified under 42 CFR 482 or, with respect to critical access hospitals, 42 CFR 485. (1g) “Critical access hospital” means a h…
Wis. Stat. § 50.34 Purpose
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50.34 Purpose. The purpose of ss. 50.32 to 50.39 is to provide for the development, establishment and enforcement of rules and standards for the construction, maintenance and operation of hospitals which, in the light of advancing knowledge, will promote safe and adequate care an…
Wis. Stat. § 50.35 Application and approval
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50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.498, issue a certificate of approval if the applica…
Wis. Stat. § 50.355 Reporting
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50.355 Reporting. Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a). If a complete …
Wis. Stat. § 50.36 Rules and standards
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50.36 Rules and standards. (1) The department may use and enforce the conditions in 42 CFR 482.60 as standards that apply to psychiatric hospitals, which are hospitals primarily engaged in providing psychiatric services for the diagnosis and treatment of persons who have mental i…
Wis. Stat. § 50.37 Notification to accrediting organization
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50.37 Notification to accrediting organization. The department shall notify a national accrediting organization that has accredited a hospital and the board of governors of the injured patients and families compensation fund under s. 619.04 (3) if the department has done any of t…
Wis. Stat. § 50.373 Informed consent for pelvic examinations
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50.373 Informed consent for pelvic examinations. (1) A hospital shall ensure that, before a pelvic examination is performed solely for educational purposes on a patient while the patient is under general anesthesia or otherwise unconscious, written informed consent is obtained fr…
Wis. Stat. § 50.375 Emergency contraception for sexual assault victims
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50.375 Emergency contraception for sexual assault victims. (1) In this section: (a) “Emergency contraception” means a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device that is approved by the federal food and drug administration and that…
Wis. Stat. § 50.377 Forfeiture
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50.377 Forfeiture. (1) Whoever violates a requirement under s. 50.375 (2) or (3) may be required to forfeit not less than $2,500 nor more than $5,000 for each violation. (2) The department may directly assess forfeitures provided for under sub. (1). If the department determines t…
Wis. Stat. § 50.378 Victim advocates
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50.378 Victim advocates. (1) DEFINITIONS. In this section: (a) “Victim advocate” has the meaning given in s. 905.045 (1) (e). (b) “Victim of sexual assault, human trafficking, or child sexual abuse” means a person who alleges or for whom it is alleged that he or she suffered from…
Wis. Stat. § 50.38 Hospital assessment
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50.38 Hospital assessment. (1) In this section “eligible hospital” means a hospital that is not any of the following: (b) An institution for mental diseases, as defined in s. 46.011 (1m). (c) A general psychiatric hospital for which the department has issued a certificate of appr…
Wis. Stat. § 50.39 Exemptions and enforcement
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50.39 Exemptions and enforcement. (1) The requirements for hospitals apply to all facilities coming under the definition of a “hospital” which are not specifically exempt by ss. 50.32 to 50.39. (2) The use of the title “hospital” to represent or identify any facility which does n…
Wis. Stat. § 50.49 Licensing and regulation of home health agencies
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50.49 (1) (a). (1s) “Intensive skilled nursing care” means care requiring specialized nursing assessment skills and the performance of specific services and procedures that are complex because of the resident’s condition or the type or number of procedures that are necessary, inc…
Wis. Stat. § 50.495 Fees permitted for a workshop or seminar
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50.495 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and im…
Wis. Stat. § 50.498 Denial, nonrenewal and revocation of license, certification or registration based on delinquent taxes or unemployment insurance contributions
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50.498 Denial, nonrenewal and revocation of license, certification or registration based on delinquent taxes or unemployment insurance contributions. (1) Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social …
Wis. Stat. § 50.50 Definitions
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50.50 Definitions. In this subchapter: (1) “Ambulatory surgery center” has the meaning given in 42 CFR 416.2. (1m) “Critical access hospital” has the meaning given in s. 50.33 (1g). (2) “End-stage renal disease services” has the meaning given under 42 CFR 405.2102. (3) “Health ca…
Wis. Stat. § 50.51 Departmental powers
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50.51 Departmental powers. The department shall do all of the following: (1) Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter. (2) Promulgate rules that establish all of the following: (a) For the operation o…
Wis. Stat. § 50.52 Licensing procedure and requirements
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50.52 Licensing procedure and requirements. (1) No person may be required to obtain licensure as a rural medical center, except that no person may conduct, maintain, operate or permit to be conducted, maintained or operated health care services as a rural medical center unless th…
Wis. Stat. § 50.53 Inspections and investigations
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50.53 Inspections and investigations. (1) The department may conduct unannounced inspections or investigations of a rural medical center as the department considers necessary. (2) A rural medical center that is inspected or investigated under this section shall provide the depart…
Wis. Stat. § 50.535 Reporting
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50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If …
Wis. Stat. § 50.54 Prohibitions
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50.54 Prohibitions. (1) An entity that is not licensed as a rural medical center under this subchapter may not designate itself as a “rural medical center” or use the phrase “rural medical center” to represent or tend to represent the entity as a rural medical center or services …