reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.42 - Qualified intellectual disabilities professional (QIDP)

Current through June 24, 2024
(1) Every facility
				  shall have at least one qualified intellectual disabilities professional on
				  staff in addition to the administrator, except that in a facility with 50 or
				  fewer beds the administrator, if qualified, may perform the duties of the
				  QIDP.
(2) The duties of the QIDP
				  shall include:
(a) Supervising the delivery
				  of training, habilitation and rehabilitation services for each resident in
				  accordance with the individual program plan (IPP) for that resident;
(b) Integrating the various services for each
				  resident as planned by the interdisciplinary team and as detailed in the
				  resident's IPP;
(c) Reviewing each
				  resident's IPP on a monthly basis, or more often as needed, and preparing an
				  accurate, written summation of the resident's progress in measurable and
				  observable terms for inclusion in the resident's record;
(d) Initiating modifications in a resident's
				  IPP as necessitated by the resident's condition, and documenting in the
				  resident's record any changes observed in the resident's condition and action
				  taken in response to the observed changes; and
(e) Communicating information concerning each
				  resident's progress to all relevant resident care staff and other professionals
				  involved in the resident's care.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.44 - Employees and other service providers

Current through June 24, 2024
(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 residents. An
				  employee under 18 years of age who provides direct care to residents shall work
				  under direct supervision.
(b) No
				  person with a documented history of child or resident abuse, neglect or
				  exploitation may be hired or continue to be employed by the facility.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.45 - Employee development

Current through June 24, 2024
(1) ORIENTATION FOR NEW EMPLOYEES. Except 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
				  prevention and response to emergencies. By the time each new employee has
				  worked 30 days in the facility, he or she shall be oriented to resident rights
				  under s.
				  DHS 134.31,
				  to his or her position and duties and to facility procedures.
(2) CONTINUING EDUCATION.
(a)
General.
The facility
				  shall provide continuing inservice training for all employees to update and
				  improve their skills in providing resident care, and supervisory and management
				  training for each employee who is in or is a candidate for a supervisory
				  position.
(b)
Resident
				  care.
The facility shall require employees who provide direct care to
				  residents to attend educational programs designed to develop and improve
				  employee skills and knowledge relating to the needs of the facility's
				  residents, including their developmental, behavioral and health care needs.
				  These programs shall be conducted as often as is necessary to enable staff to
				  acquire the skills and techniques necessary to implement the individual program
				  plans for each resident under their care.
(c)
Dietary.
Educational
				  programs shall be held periodically for dietary staff. These programs shall
				  include instruction in proper handling of food, personal hygiene and grooming,
				  nutrition and modified diet patterns, sanitation, infection control and
				  prevention of food-borne disease and other communicable disease.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.46 - Abuse of residents

Current through June 24, 2024
(1) CONSIDERATE CARE AND TREATMENT. 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
				  times.
(2) RESIDENT ABUSE. No
				  person may abuse a resident.
(3)
				  ABUSE COMPLAINTS. The facility shall ensure that every suspected instance of
				  abuse of a resident by an employee or anyone else is reported, investigated,
				  reviewed and documented in accordance with s.
				  DHS
				  134.31(7).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.47 - Records

Current through June 24, 2024
(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 shall provide reasonable
				  opportunities for an authorized representative of the department to examine
				  facility records to gather this information.
(2) STAFFING FOR RECORDS MANAGEMENT.
(a) A facility shall have sufficient numbers
				  of qualified records management staff and necessary support personnel available
				  to accurately process, check, index, file and promptly retrieve records and to
				  record data.
(b) Duties specified
				  in this section that relate to resident records shall be completed by staff in
				  a timely manner.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter IV - Admission, Retention and Removal › Section DHS 134.51 - Limitations on admissions and retentions

Current through June 24, 2024
(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 that the
				  facility does not provide or make available may not be admitted or
				  retained.
2. Persons who do not
				  have a diagnosis of developmental disability may not be admitted.
(c)
Communicable disease
				  management.
1. `Communicable
				  diseases.' The facility shall have the ability to manage persons with
				  communicable disease that the facility admits or retains, based on currently
				  recognized standards of practice.
2. `Reportable diseases.' Facilities shall
				  report suspected communicable diseases that are reportable under ch. DHS 145 to
				  the local public health officer or to the department's bureau of communicable
				  disease.
(d)
Destructive residents.
1.
				  Notwithstanding s.
				  DHS
				  134.13(1), in this paragraph, "abuse"
				  means any single or repeated act of force, violence, harassment, deprivation or
				  mental pressure which does or reasonably could cause physical pain or injury to
				  another resident, or mental anguish or fear in another resident.
2. A person who the facility administrator
				  has reason to believe is destructive of property or self-destructive, would
				  disturb or abuse other residents or is suicidal, shall not be admitted or
				  retained unless the facility has and uses sufficient resources to appropriately
				  manage and care for the person.
(e)
Minors.
Except for a
				  facility that was permitted to admit minors prior to the effective date of this
				  chapter, no facility may admit a person under the age of 18 unless the
				  admission is approved by the department after the department receives the
				  following documents:
1. A statement from the
				  referring physician stating the medical, nursing, rehabilitation and special
				  services required by the minor;
2.
				  A statement from the administrator certifying that the required services can be
				  provided;
3. A statement from the
				  attending physician certifying that the physician will be providing medical
				  care; and
4. A statement from the
				  person or agency assuming financial responsibility for the minor.
(f)
Admissions 7 days a
				  week.
No facility may refuse to admit a person to be a new resident
				  solely because of the day of the week.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter IV - Admission, Retention and Removal › Section DHS 134.52 - Admission-related requirements

Current through June 24, 2024
(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 short-term
				  care.
(2) CONDITIONS FOR ADMISSION.
				  A facility may not admit an individual unless each of the following conditions
				  has been met:
(a) An interdisciplinary team
				  has conducted or updated a comprehensive preadmission evaluation of the
				  individual as specified in sub. (3) and has determined that residential care is
				  the best available plan for the individual;
(b) Except in an emergency, for an individual
				  who is under age 65, there is a written recommendation of the county department
				  established under s. 46.23,
				  51.42 or
				  51.437, Stats., in the
				  individual's county of residence, that residential care in the facility is the
				  best available placement for the individual;
(c) If the individual's medical condition and
				  diagnosis require on-going monitoring and physician supervision, the facility
				  has obtained the concurrence of a physician in the admission decision and
				  information about the person's current medical condition and diagnosis, and any
				  orders from a physician for immediate care have been received by the facility
				  before or on the day of admission;
(d) The facility has received written
				  certification from a physician, physician assistant or advanced practice nurse
				  prescriber that the individual has been screened for communicable diseases
				  detrimental to other residents or a physician, physician assistant or advanced
				  practice nurse prescriber has ordered procedures to treat and limit the spread
				  of any communicable diseases the person may be found to have; and
(e) Court-ordered protective placement has
				  been obtained in accordance with s.
				  55.06, Stats., for a person who
				  has been found by a court to be incompetent.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter IV - Admission, Retention and Removal › Section DHS 134.53 - Removal from the facility

Current through June 24, 2024
(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 REMOVAL. No
				  resident may be temporarily or permanently transferred or discharged from a
				  facility, except:
(a)
Voluntary
				  removal.
Upon the request or with the informed consent of the resident
				  or guardian;
(b)
Involuntary removal.
1. For
				  nonpayment of charges, following reasonable opportunity to pay any
				  deficiency;
2. If the resident
				  requires care that the facility is not licensed to provide;
3. If the resident requires care that the
				  facility does not provide and is not required to provide under this
				  chapter;
4. For medical reasons as
				  ordered by a physician;
5. In case
				  of a medical emergency or disaster;
6. For the resident's welfare or the welfare
				  of other residents;
7. If the
				  resident does not need FDD care;
8.
				  If the short-term care period for which the resident was admitted has expired;
				  or
9. As otherwise permitted by
				  law.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter IV - Admission, Retention and Removal › Section DHS 134.54 - Transfer within the facility

Current through June 24, 2024
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 for the transfer. Transfer of a resident between
					 rooms or beds within a facility may be made only for medical reasons or for the
					 resident's welfare or the welfare of other residents or as permitted under s.
					 DHS 134.31(3)
					 (q) 1
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.60 - Resident care

Current through June 24, 2024
(1) RESIDENT CARE PLANNING.
(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
				  service areas that are relevant to the resident's needs, but shall include a
				  qualified intellectual disabilities professional and a nurse, and a physician
				  as required under s.
				  DHS
				  134.66(2) (a) 2. and (c).
3. The resident and the resident's family or
				  guardian shall be encouraged to participate as members of the team, unless the
				  resident objects to participation by family members.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.61 - Nursing services

Current through June 24, 2024
(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 process;
(b)
				  The development, with a physician, of a medical care plan of treatment for a
				  resident when the physician has determined that the resident requires such a
				  plan;
(c) In facilities with
				  residents who have been determined by the physician not to require a medical
				  care plan, arrangements for a nurse to conduct health surveillance of each
				  resident on a quarterly basis;
(d)
				  Based on the nurse's recorded findings, action by the nurse, including referral
				  to a physician when necessary, to address the health problems of a resident;
				  and
(e) Implementation with other
				  members of the interdisciplinary team of appropriate protective and preventive
				  health measures, including training residents and staff as needed in
				  appropriate personal health and hygiene measures.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.62 - Professional program services

Current through June 24, 2024
(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
				  directly with the resident and with other staff who work with the resident in
				  carrying out the goals and objectives stated in the resident's IPP.
(2) QUALIFICATIONS OF PROFESSIONAL PROGRAM
				  STAFF.
(a)
Psychology staff.
Psychological services shall be provided by a psychologist licensed under ch.
				  455, Stats.
(b)
Physical
				  therapy staff.
Physical therapy services shall be given or supervised
				  by a registered physical therapist licensed under ss.
				  448.05
				  and
				  448.07,
				  Stats.
(c)
Speech pathology
				  and audiology staff.
Speech and hearing therapy shall be given or
				  supervised by a speech pathologist or audiologist who:
1. Meets the standards for a certificate of
				  clinical competence granted by the American speech and hearing association;
				  or
2. Meets the educational
				  requirements and is in the process of acquiring the supervised experience
				  required for certification under subd. 1.
(d)
Occupational therapy
				  staff.
Occupational therapy shall be given or supervised by a
				  therapist who meets the standards for registration as an occupational therapist
				  of the American occupational therapy association.
(e)
Recreation staff.
Recreation shall be led or supervised by an individual who has a bachelor's
				  degree in recreation or in a related specialty such as art, dance, music,
				  physical education or recreation therapy.
(f)
Other professional program
				  staff.
Professional program services other than those under pars. (a)
				  to (e) shall be provided by individuals who have at least a bachelor's degree
				  in a human services field such as sociology, special education or
				  rehabilitation counseling.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.64 - Dietetic services

Current through June 24, 2024
(1) SERVICES. Facilities shall provide or
				  contract for dietetic services which meet the requirements of this section.
				  Services shall include:
(a) Planning menus
				  that provide nutritionally adequate diets to all residents;
(b) Initiating food orders;
(c) Establishing and enforcing food
				  specifications;
(d) Storing and
				  handling food;
(e) Preparing and
				  serving food;
(f) Maintaining safe
				  and sanitary conditions;
(g)
				  Orienting, training and supervising staff; and
(h) Controlling food costs.
Note:
For standards on safe and sanitary
					 conditions, see s.
					 DHS
					 190.09.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.65 - Dental services

Current through June 24, 2024
(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 under ch. 447,
				  Stats.
(2) DENTAL CARE.
(a)
Dental examination.
1. Not later than one month after a
				  resident's admission, unless the person was given a comparable examination
				  within 6 months before admission, each resident shall be provided with
				  comprehensive diagnostic dental services that include a complete extraoral and
				  intraoral examination using all diagnostic aids necessary to properly evaluate
				  the resident's oral condition.
2.
				  The results of the examination under subd. 1. shall be entered into the
				  resident's record.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.66 - Medical services

Current through June 24, 2024
(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 be under the
				  supervision of a physician of the resident's or guardian's choice who shall
				  evaluate and monitor the resident's immediate and long-term needs and prescribe
				  measures necessary for the health, safety and welfare of the
				  resident.
2. The attending
				  physician shall participate in the development of the individual program plan
				  required under s.
				  DHS
				  134.60(1) (b) 1 for each newly
				  admitted resident under his or her care as part of the interdisciplinary team
				  process.
3. The attending physician
				  shall ensure that arrangements are made for medical care of the resident during
				  the attending physician's absence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.67 - Pharmaceutical services

Current through June 24, 2024
(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 drug listed in s.
				  961.16,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.68 - Laboratory, radiologic and blood services

Current through June 24, 2024
(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 the applicable
				  requirements for hospitals found in ch. DHS 124.
(c) If a facility does not provide the
				  services required by this section, the facility shall make arrangements for
				  obtaining the services from a physician's office, hospital, nursing facility,
				  portable x-ray supplier or independent laboratory.
(d) No services under this subsection may be
				  provided without an order of a physician or a physician extender.
(e) A resident's attending physician shall be
				  notified promptly of the findings of all tests conducted on the
				  resident.
(f) The facility shall
				  assist the resident, if necessary, in arranging for transportation to and from
				  the provider of service.
Note:
For record requirements, see s.
					 DHS
					 134.47.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter V - Services › Section DHS 134.70 - Special requirements when persons are admitted for short-term care

Current through June 24, 2024
(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 this section
				  apply to all facilities that admit persons for short-term care when they admit,
				  evaluate or provide care for these persons. Short-term care is for either
				  respite or recuperative purposes. Except as specified in this section, all
				  requirements of this chapter, including s.
				  DHS
				  134.51, apply to all facilities that admit persons for
				  short-term care.
(2) PROCEDURES FOR
				  ADMISSION.
(a)
Respite care.
For a person admitted to a facility for respite care, the following admission
				  and resident care planning procedures may be carried out in place of the
				  requirements under ss.
				  DHS
				  134.52 and 134.60(1):
1. A registered nurse or physician shall
				  complete a comprehensive resident assessment of the person prior to or on the
				  day of admission. This comprehensive assessment shall include evaluation of the
				  person's medical, nursing, dietary, rehabilitative, pharmaceutical, dental,
				  social and activity needs. The consulting or staff pharmacist shall participate
				  in the comprehensive assessment as provided under sub. (4) (a). As part of the
				  comprehensive assessment, when the registered nurse or physician has identified
				  a need for a special service, staff from the discipline that provides the
				  service shall, on referral from the registered nurse or physician, complete a
				  and assessment of the person's prior health and care in that discipline. The
				  comprehensive resident assessment shall include:
a. A summary of the major needs of the person
				  and of the care to be provided;
b.
				  A statement from the attending physician that the person is free from
				  tuberculosis and other clinically apparent communicable diseases; and
c. The attending physician's plans for
				  discharge.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VI - Physical Environment › Section DHS 134.71 - Furniture, equipment and supplies

Current through June 24, 2024
(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 sturdy construction. Rollaway beds, day beds, cots, double-beds or
				  folding beds may not be used.
2.
				  Each bed shall be provided with a clean, comfortable mattress of appropriate
				  size for the bed.
3. When required
				  by the resident's condition or age, or both, side rails shall be installed for
				  both sides of the bed.
4. Each
				  resident shall be provided at least one clean, comfortable pillow. Additional
				  pillows shall be provided if requested by the resident or required by the
				  resident's condition.
5. Each bed
				  shall have a mattress pad.
6. A
				  moisture-proof mattress cover shall be provided for each mattress to keep the
				  mattress clean and dry. A moisture-proof pillow cover shall be provided for
				  each pillow to keep the pillow clean and dry.
7. A supply of sheets and pillow cases
				  sufficient to keep beds clean and odor-free shall be stocked. At least 2 sheets
				  and 2 pillow cases shall be furnished to each resident each week.
8. A sufficient number of blankets
				  appropriate to the weather and seasonal changes shall be provided. Blankets
				  shall be changed and laundered as necessary to maintain cleanliness.
9. Each bed shall have a clean, washable
				  bedspread.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VI - Physical Environment › Section DHS 134.72 - Safety and sanitation

Current through June 24, 2024
(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 offensive odors, accumulations of dirt,
				  rubbish, dust and safety hazards.
(b)
Floors.
Floors and
				  carpeting shall be kept clean. If polishes are used on floors, a nonslip finish
				  shall be provided. Carpeting or any other material covering the floors that is
				  worn, damaged, contaminated or badly soiled shall be replaced.
(c)
Ceilings and walls.
1. Ceilings and walls shall be kept clean and
				  in good repair. The interior and exterior of the buildings shall be painted or
				  stained as needed to protect the surfaces. Loose, cracked or peeling wallpaper
				  or paint shall be replaced or repaired.
2. A facility shall use lead-free paint
				  inside the facility and shall remove or cover any surfaces containing
				  lead-based paint that are accessible to residents.
(d)
Furnishings.
All
				  furniture and other furnishings shall be kept clean and in good repair at all
				  times.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VII - Life Safety, Design and Construction › Section DHS 134.81 - Scope and definitions

Current through June 24, 2024
(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 definitions in the
				  applicable life safety code required under s.
				  DHS
				  134.82 apply to this subchapter. In addition, in this
				  subchapter:
(a) "Type I facility" means a
				  facility first licensed by the department or the plans of which were approved
				  by the department as a facility regulated under ch. H 30, 31 or 32 prior to
				  January 23, 1968, or as a public institution serving people with developmental
				  disabilities under ch. H 34 prior to or on November 1, 1972.
(b) "Type II facility" means a facility the
				  plans of which were approved by the department as a facility regulated under
				  ch. H 30, 31 or 32, or under ch. HSS 3 or 132, on or after January 23, 1968, or
				  which was approved as a public institution serving people with developmental
				  disabilities under ch. H 34 after November 1, 1972, or which applies for
				  approval on or after July 1, 1988, including new construction, an addition to
				  an existing licensed facility and major remodeling, alteration or conversion of
				  a facility.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VII - Life Safety, Design and Construction › Section DHS 134.812 - Review for compliance with this chapter and the state building code

Current through June 24, 2024
(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 exception of s.
				  SPS
				  361.31(3). Where chs.
				  SPS
				  361 to 365 refer to the department of safety and
				  professional services, those rules shall be deemed for the purposes of review
				  under this chapter to refer to the department of health services.
(2) The department shall have 45 working days
				  from receipt of an application for plan review and all required forms, fees,
				  plans and documents to complete the review and approve the plan, approve the
				  plan with conditions or deny approval for the plan.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VII - Life Safety, Design and Construction › Section DHS 134.82 - Life safety code

Current through June 24, 2024
(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 Legislative Reference Bureau, and may be obtained from the National Fire
					 Protection Association, Battery march Park, Quincy, MA 02169.
(2) FIRE SAFETY EQUIVALENCY DETERMINATION. An
				  existing facility that does not meet all the requirements of the applicable
				  Life Safety Code may be considered in compliance with it if it achieves a
				  passing score on the Fire Safety Evaluation System (FSES), developed by the
				  U.S. Department of Commerce, National Bureau of Standards, to establish safety
				  equivalencies under the Life Safety Code.
(3) RESIDENT SAFETY.
(a)
Plan for emergencies.
1. Each facility shall have a written plan to
				  be followed in case of fire, a tornado warning, a missing resident or other
				  emergency which shall specify persons to be notified, locations of alarm
				  signaling devices and fire extinguishers, evacuation routes, a procedure for
				  evacuating helpless residents, the frequency of fire drills and assignment of
				  specific tasks and responsibilities to the staff on each shift and personnel
				  from each discipline.
2. The plan
				  shall be developed with the assistance of qualified fire and safety experts,
				  including the local fire protection authority.
3. All employees shall be oriented to the
				  plan and trained to perform assigned tasks, and shall be familiar with the use
				  of the facility's fire protection features.
4. The plan and evacuation procedures shall
				  be posted at suitable visible locations in the corridors throughout the
				  facility and shall include a diagram of the immediate floor area showing the
				  exits, location of fire alarms, evacuation routes and locations of fire
				  extinguishers.
5. The facility
				  administrator shall clearly communicate the plan and evacuation procedure to
				  staff and shall periodically review the plan and evacuation procedures with
				  staff.
6. The facility
				  administrator shall periodically evaluate the effectiveness of the plan and
				  evacuation procedures.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VII - Life Safety, Design and Construction › Section DHS 134.83 - Safety and systems

Current through June 24, 2024
(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 having plans approved
				  on or after March 17, 1974, except in small facilities, all corridors in
				  resident use areas shall be at least 6 feet wide.
(b) In all facilities having plans approved
				  before March 17, 1974, except in small facilities, all corridors in resident
				  use areas shall be at least 4 feet wide.
(c) In small facilities all corridors in
				  resident use areas shall be at least 3 feet wide.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter VII - Life Safety, Design and Construction › Section DHS 134.84 - Design

Current through June 24, 2024
(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 specifications shall be submitted to the department
				  for review and approval before construction is begun. The department shall
				  notify the facility in writing of any divergence in the plans and
				  specifications, as submitted, from the rules in this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.01 - Purpose and authority

Current through June 24, 2024
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 authority of ss.
				  69.02(2),
				  250.04(7)
				  and
				  157.01,
				  Stats., to interpret and contribute to the implementation of ss.
				  69.01 to
				  69.12,
				  69.18,
				  250.04(1),
				  157.01
				  and
				  979.10, Stats. Nothing
				  in this chapter shall prevent a member of the immediate family from preparing
				  the corpse of a family member for burial, except as provided in s.
				  DHS 135.05(1)
				  (b), or from conducting the funeral of a
				  deceased family member.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.03 - Responsibility for notification of death

Current through June 24, 2024
(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 registration district where
				death was pronounced within 9 days after the date of pronouncement of
				death.
(2) For a stillbirth
				resulting from miscarriage and of a gestational age 20 weeks or more or
				weighing 350 grams or more, the hospital, clinic or midwife or, if a hospital,
				clinic or midwife was not involved with the delivery, a parent, shall within 5
				days after the delivery mail a completed fetal death report to the local
				registrar in the registration district where the delivery took place.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.04 - Removal from a hospital or nursing home

Current through June 24, 2024
(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 disposition shall be
				made of the remains. The hospital or nursing home may cause a body to be
				removed that is unclaimed after 12 hours from the time of death and following
				due notice to the local health officer, unless a longer period of time is
				required to complete an autopsy.
Note: See s.
				  157.02,
				  Stats., for disposition of the corpses of persons who have died at state,
				  county or municipal institutions.
(2) DELAY FOR AUTOPSY. Except for cases which
				involve a coroner or medical examiner because a death has occurred under
				circumstances specified in s.
				979.01,
				Stats., whenever the immediate family has requested or approved an autopsy, the
				funeral director or member of the immediate family or other person authorized
				to remove the body from the hospital shall delay making the removal for up to
				10 hours after death, or for a longer period of time if the pathologist and
				funeral director mutually agree on a longer period of time, to permit
				completion of the autopsy.
(3)
				PRESENTATION OF REMOVAL NOTICE. The hospital or nursing home may not release a
				corpse to a funeral director, member of the immediate family or other person
				authorized to remove the body until the funeral director or other person making
				the removal presents a notice of removal, in duplicate, to the administrator of
				the hospital or nursing home or to his or her representative. The hospital or
				nursing home administrator or that person's representative shall complete, to
				the best of his or her knowledge, the portion of the notice which specifies if
				isolation techniques should be used in the embalming process and shall indicate
				whether the death is reportable to the coroner or medical examiner under s.
				979.01,
				Stats. One copy of the removal notice shall be retained on file by the hospital
				or nursing home for a minimum of 30 days and the other shall be forwarded
				immediately by the hospital or nursing home to the local registrar in the
				registration district where death was pronounced. No presentation of a notice
				of removal is necessary for removal of a stillbirth unless a hospital requires
				that notice for internal recordkeeping purposes, in which case no copy of the
				notice is forwarded to the local registrar.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.05 - Preparation and funeral

Current through June 24, 2024
(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 otherwise exercise all reasonable
				precautions to minimize the risk of transmitting any reportable communicable
				disease from the corpse.
Note: Reportable communicable diseases are those listed in
				  ch. DHS 145.
(b) Any member
				of the immediate family of a deceased person may prepare the body for burial or
				other final disposition, except that no person may embalm a corpse unless that
				person is licensed as a funeral director, and no member of the immediate family
				may prepare a corpse for burial or other final disposition if there is risk of
				transmitting a communicable disease from the corpse, either because a
				communicable disease was the cause of death or the individual had a
				communicable disease at the time of death, unless the local health officer
				determines that the risks of transmitting the disease from the corpse are
				minimal.
(c) A corpse need not be
				embalmed when prepared for burial, entombment or cremation unless it is to be
				shipped by common carrier as provided under par. (d).
(d) Every corpse to be shipped by common
				carrier shall be embalmed except a corpse that it is not possible to embalm, a
				corpse donated to a school for research and training purposes under s.
				DHS
				135.06(2), or when the immediate
				family of the deceased objects to embalming on religious grounds. Whenever a
				corpse to be shipped by common carrier is not embalmed or is in a state of
				decomposition, the corpse may be shipped only after being enclosed in a strong,
				tightly sealed outer case.
(e)
				Embalming standards shall be as specified in ch. DHS 136.
(f) No one other than the licensed funeral
				director and registered apprentice funeral director shall be allowed in the
				embalming room during the embalming except at the request of or with the
				permission of the immediate family of the deceased. Apart from these
				exceptions, the preparation of human corpses for final disposition shall be
				entirely private.
(g) A large-type
				copy of par. (f) shall be permanently fastened to the door of the preparation
				or embalming room in all funeral establishments.
(h) A licensed funeral director may embalm
				and otherwise prepare for burial or other disposition a human corpse in the
				home of a deceased person or in the home of a relative of the deceased person.
Note: When a death has occurred under any of the
				  circumstances listed in s.
				  979.01(1),
				  Stats., embalming must be delayed until authorized in writing by the coroner or
				  medical examiner of the county in which the injury or other cause of death
				  occurred, pursuant to s.
				  979.01(4),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.06 - Transportation and burial or other disposition

Current through June 24, 2024
(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 burial or other final disposition shall accompany each human corpse
				shipped by common carrier.
2. The
				report for final disposition shall be attached in a strong envelope to the
				shipping case when a human corpse is transported by common carrier.
3. No human corpse may be buried or otherwise
				finally disposed of unless accompanied by a report for final disposition which
				shall serve as authorization for burial or other disposition except cremation.
				Every person in charge of a place in which burial or other final disposition
				takes place shall keep a written record of every corpse interred there. A copy
				of the report for final disposition may serve as that record.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.07 - Disinterment

Current through June 24, 2024
(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 place.
(2) The coroner or medical examiner shall
				issue a disinterment permit, without requiring as a condition the presentation
				of a death certificate or report for final disposition, upon receipt of an
				order of a court of competent jurisdiction or upon receipt of a written
				application signed by the person in charge of the disinterment and by any
				person listed in s.
				69.18(4)
				(a), Stats., in order of priority stated and
				under the stated conditions.
(3)
				The disinterment permit shall constitute authorization to transport and reinter
				the disinterred remains.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.08 - Pronouncement of death outside of a hospital or nursing home

Current through June 24, 2024
The coroner or medical examiner of a county shall establish
				  procedures for use within that county for the legal pronouncement of death
				  outside of a hospital or nursing home.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 135 - Human corpses and stillbirths › Section DHS 135.09 - Jurisdiction and duties of coroner or medical examiner

Current through June 24, 2024
(1) DEATHS
				REPORTABLE UNDER S.
				979.01,
				STATS. For a death that is reportable under s.
				979.01,
				Stats.:
(a) If the death-producing incident
				occurred in the state, the coroner or medical examiner of the county in which
				the death-producing incident occurred shall be sent the report for final
				disposition, shall investigate the death and sign the medical certification
				portion of the death certificate and shall sign any release to embalm or
				release to cremate; and
(b) If the
				death-producing incident occurred outside the state, the coroner or medical
				examiner of the county in which death was pronounced shall be sent the report
				for final disposition, shall investigate the death and sign the medical
				certification portion of the death certificate and shall sign any release to
				embalm or release to cremate.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 136 - Embalming standards › Section DHS 136.02 - Definitions

Current through June 24, 2024
(1) "Embalming" means the use of procedures
				specified in this chapter for the preservation and disinfection of dead human
				bodies.
(2) "Embalming fluid" means
				a chemical solution injected in arteries, and placed in body cavities, to
				preserve and disinfect a dead human body.
(3) "Autopsy compound" means an absorbent
				powder or gel desiccant used to preserve, disinfect and harden body organs
				after autopsy or the remains of a dead human body in the state of advanced
				decomposition.