Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter I - General Provisions › Section DHS 94.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Body cavity search" means a strip search
				  in which body cavities are inspected by the entry of an object or fingers into
				  body cavities.
(2) "Body search"
				  means a personal search, a strip search or a body cavity search of a
				  patient.
(3) "Client," as used in
				  subch. III, means a patient.
(4)
				  "Client rights specialist" means a person designated by a program or a
				  coalition of programs to facilitate informal resolution of concerns where
				  requested and to conduct program level reviews of grievances and make proposed
				  factual findings, determinations of merit and recommendations for resolution
				  which are provided to the program manager and the client.
(5) "Coalition of programs," as used in
				  subch. III, means a group of programs which have joined together for the
				  explicit purpose of operating a combined grievance resolution system.
(6) "Community placement" means a living
				  situation which is arranged with the assistance of a case manager or service
				  coordinator or a person or agency performing tasks similar to those performed
				  by a case manager or service coordinator and which is either a residential
				  setting that is directed and controlled by the individual or his or her
				  guardian or a place licensed or certified as a residential care facility or
				  care home for either adults or children by representatives of the state or
				  county government pursuant to a comprehensive individualized plan of care or
				  service.
(7) "Concern" means a
				  complaint, disagreement or dispute which a client or a person on behalf of a
				  client may have with a program or program staff which the client chooses to
				  resolve through the informal resolution process pursuant to s.
				  DHS
				  94.40(4).
(8) "County department" means the county
				  department of human services established under s.
				  46.23,
				  Stats., the county department of community programs established under s.
				  51.42,
				  Stats., or the county department of developmental disabilities services
				  established under s.
				  51.437,
				  Stats.
(9) "Court order" means a
				  lawful order of a court of competent jurisdiction.
(10) "Department" means the Wisconsin
				  department of health services.
(11)
				  "Director" means the administrator of a treatment facility or the person
				  directing the activities of any other service provider.
(12) "Drastic treatment procedure" means an
				  extraordinary or last resort treatment method which places the patient at
				  serious risk for permanent psychological or physical injury, including
				  psychosurgery, convulsive therapy other than electroconvulsive therapy and
				  behavior modification using painful stimuli.
(13) "Emergency" means that it is likely that
				  the patient may physically harm himself or herself or others.
(14) "Emergency situation" means a situation
				  in which, based on the information available at the time, there is reasonable
				  cause to believe that a client or a group of clients is at significant risk of
				  physical or emotional harm due to the circumstances identified in a grievance
				  or concern.
(15) "Financial
				  benefit" means improvement in the functioning of a facility due to patient
				  labor.
(16) "Forensic unit" means
				  an inpatient ward or unit where a majority of the patients are admitted or
				  committed under ch. 971 or 975, Stats., or under s.
				  51.37(5),
				  Stats.
(17) "Grievance" means a
				  statement by a grievant that an action or an inaction by a program or its staff
				  has abridged rights guaranteed to the client under s.
				  51.61, Stats.,
				  and this chapter combined with a request that the matter be dealt with through
				  the program's formal grievance resolution process pursuant to s.
				  DHS
				  94.40(5).
(18) "Grievance examiner" means a staff
				  person of the department designated by the secretary to conduct first
				  administrative level reviews of grievances appealed from programs operating
				  independently from a county department and second administrative level reviews
				  of grievances filed regarding programs operated by or under contract with a
				  county department.
(19) "Grievance
				  resolution system" means the procedures established by a program or coalition
				  of programs for formally responding to a grievance.
(20) "Grievant" means a client who has lodged
				  a grievance or a person who has lodged a grievance on behalf of a client
				  pursuant to s.
				  DHS
				  94.49.
(21) "Hospital" has the meaning prescribed in
				  s.
				  50.33(2),
				  Stats.
(22) "Informed consent" or
				  "consent" means written consent voluntarily signed by a patient who is
				  competent and who understands the terms of the consent, or by the patient's
				  legal guardian or the parent of a minor, as permitted under s.
				  51.61(6) and
				  (8), Stats., without any form of coercion, or
				  temporary oral consent obtained by telephone in accordance with s.
				  DHS
				  94.03(2m).
(23) "Inpatient" means a person who is
				  receiving treatment, care, services or supports while residing in an inpatient
				  treatment facility, a residential treatment facility or in any facility or home
				  which is subject to regulation as a place of residence and service provision
				  for patients by the department, a county department or a county department of
				  social services established under s.
				  46.215
				  or
				  46.22,
				  Stats.
(24) "Inpatient treatment
				  facility" has the meaning prescribed for "inpatient facility" in s.
				  51.01(10),
				  Stats., and includes the mental health institutes as defined in s.
				  51.01(12),
				  Stats., the Milwaukee county mental health center established under s.
				  51.08,
				  Stats., and county hospitals established under s.
				  51.09,
				  Stats.
(25) "Institutional review
				  board" means a board established under 45 CFR 46.
(26) "Isolation" means any process by which a
				  person is physically or socially set apart by staff from others but does not
				  include separation for the purpose of controlling contagious disease.
(27) "Least restrictive treatment" means
				  treatment and services which will best meet the patient's treatment and
				  security needs and which least limit the patient's freedom of choice and
				  mobility.
(28) "Mechanical support"
				  means an apparatus that is used to properly align a patient's body or to help a
				  patient maintain his or her balance.
(29) "Medical restraint" means an apparatus
				  or procedure that restricts the free movement of a patient during a medical or
				  surgical procedure or prior to or subsequent to such a procedure to prevent
				  further harm to the patient or to aid in the patient's recovery, or to protect
				  a patient during the time a medical condition exists.
(30) "Outpatient" means a person receiving
				  treatment, care, services or supports from any service provider if the person
				  receiving the services does not reside in a facility or home owned, operated or
				  managed by the service provider.
(31) "Outpatient treatment facility" means a
				  service provider providing services for patients who do not reside in a
				  facility or home owned, operated or managed by the service provider.
(32) "Patient" has the meaning prescribed in
				  s.
				  51.61(1)
				  (intro.), Stats.
(33) "Personal
				  search" means a search of the patient's person, including the patient's
				  pockets, frisking his or her body, an examination of the patient's shoes and
				  hat and a visual inspection of the patient's mouth.
(34) "Physical restraint" means any physical
				  hold or apparatus, excluding a medical restraint or mechanical support, that
				  interferes with the free movement of a person's limbs and body.
(35) "Program," as used in subch. III, means
				  any public or private organization or agency, other than Mendota and Winnebago
				  mental health institutes, the state centers for persons with developmental
				  disabilities and the Wisconsin resource center, which provides services or
				  residential care for a client for mental illness, a developmental disability,
				  alcoholism or drug dependency.
(36)
				  "Program director" means the person appointed to administer the county
				  department's programs.
(37)
				  "Program manager," as used in subch. III, refers to the individual in charge of
				  the operation of a program who has the specific authority to approve and
				  implement decisions made through the grievance resolution process.
(38) "Research" means a systematic
				  investigation designed to develop or contribute to generalizable knowledge,
				  except that it does not include an investigation involving only treatment
				  records or routine follow-up questionnaires.
(39) "Residential treatment facility" means a
				  treatment facility or home that provides a 24-hour residential living program
				  and services for inpatients, which is subject to regulation as a place of
				  residence and services for patients by the department or any county department
				  or a county department of social services under s.
				  46.215
				  or
				  46.22,
				  Stats., including a center for the developmentally disabled as defined in s.
				  51.01(3),
				  Stats.
(40) "Seclusion" means that
				  form of isolation in which a person is physically set apart by staff from
				  others through the use of locked doors.
(41) "Secretary" means the head of the
				  department.
(42) "Service provider"
				  means an agency, facility or individual providing treatment, care, services or
				  supports to clients.
(43) "Strip
				  search" means a search in which the patient is required to remove all of his or
				  her clothing. Permissible inspection includes examination of the patient's
				  clothing and body and visual inspection of his or her body cavities.
(44) "Treatment" has the meaning prescribed
				  in s.
				  51.01(17),
				  Stats.
(45) "Treatment facility"
				  means any publicly or privately operated facility, unit in a facility or agency
				  providing treatment, habilitation or rehabilitation for alcoholic, drug
				  dependent, mentally ill or developmentally disabled persons, including an
				  inpatient treatment facility, a residential treatment facility or an outpatient
				  treatment facility.