Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter II - Patient Rights › Section DHS 94.24 - Humane psychological and physical environment

Current through June 24, 2024
(1) CLEAN, SAFE AND
				  HUMANE ENVIRONMENT. Treatment facilities shall provide patients with a clean,
				  safe and humane environment as required under s.
				  51.61(1)
				  (m), Stats., and this section.
(2) COMFORT, SAFETY AND RESPECT.
(a) Staff shall take reasonable steps to
				  ensure the physical safety of all patients.
(b) Each patient shall be treated with
				  respect and with recognition of the patient's dignity by all employees of the
				  service provider and by all licensed, certified, registered or permitted
				  providers of health care with whom the patient comes in contact.
(c) A treatment facility may fingerprint a
				  patient only if the patient is unknown, has no means of identification, cannot
				  otherwise be identified and fingerprinting is required for identification. This
				  restriction does not apply to patients transferred to the facility under s.
				  51.35(3)
				  or
				  51.37,
				  Stats., or committed under ch. 971 or 975, Stats.
(d) Only inpatients may be subjected to a
				  body search. All body searches shall be conducted as follows:
1. A personal search of an inpatient may be
				  conducted by any facility staff member:
a.
				  Before a patient leaves or enters the security enclosure of maximum security
				  units;
b. Before a patient is
				  placed in seclusion;
c. When there
				  is documented reason to believe the patient has, on his or her person, objects
				  or materials which threaten the safety or security of patients or other
				  persons; or
d. If, for security
				  reasons, the facility routinely conducts personal searches of patients
				  committed under ch. 971 or 975, Stats., patients residing in the maximum
				  security facility at the Mendota mental health institute or a secure mental
				  health unit or facility under s.
				  980.065,
				  Stats., and persons transferred under s.
				  51.35(3)
				  or
				  51.37,
				  Stats.;
2. A strip
				  search of an inpatient may be conducted:
a.
				  Only in a clean and private place;
b. Except in an emergency, only by a person
				  of the same sex;
c. Only when all
				  less intrusive search procedures are deemed inadequate; and
d. Only under circumstances specified under
				  subd. 1. a. to c.;
3. A
				  body cavity search of an inpatient may be conducted:
a. Only in a clean and private
				  place;
b. Only by a physician and,
				  whenever possible, by a physician of the same sex;
c. Only when all less intrusive search
				  procedures are deemed inadequate; and
d. Only under circumstances specified under
				  subd. 1. a. to c.
(e) The room and personal belongings of an
				  inpatient may be searched only when there is documented reason to believe that
				  security rules have been violated, except that searches may be conducted in
				  forensic units, the maximum security facility at the Mendota mental health
				  institute or a secure mental health unit or facility under s.
				  980.065,
				  Stats., in accordance with written facility policies.
(f) Each inpatient shall be assisted to
				  achieve maximum capability in personal hygiene and self-grooming and shall have
				  reasonable access to:
1. Toilet
				  articles;
2. Toothbrush and
				  dentifrice;
3. A shower or tub bath
				  at least once every 2 days, unless medically contraindicated;
4. Services of a barber or beautician on a
				  regular basis; and
5. Shaving
				  equipment and facilities.
(g) Each patient shall be given an
				  opportunity to refute any accusations prior to initiation of disciplinary
				  action.
(h) No patient may be
				  disciplined for a violation of a treatment facility rule unless the patient has
				  had prior notice of the rule.
(i)
1. Each inpatient shall have unscheduled
				  access to a working flush toilet and sink, except when the patient is in
				  seclusion or for security reasons or when medically contraindicated.
2. Upon request of the patient, the legal
				  guardian of an incompetent patient or the parent of a minor, staff of the same
				  sex shall be available to assist the patient in toileting or bathing.
3. Every patient in isolation or seclusion
				  shall be provided an opportunity for access to a toilet at least every 30
				  minutes.
(j) Inpatients
				  shall be allowed to provide their own room decorations except that a facility
				  may restrict this right for documented security or safety reasons. Facilities
				  may adopt policies restricting the areas where patients may display sexually
				  explicit or patently offensive room decorations and may prohibit gang-related
				  room decorations.