reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.13 - Surrogate parent

Current through June 24, 2024
(1) APPOINTMENT.
(a) The county administrative agency shall,
				in accordance with this section, appoint in writing a person to serve as a
				surrogate parent to represent the interests of an eligible child or of a child
				who is suspected of being eligible for early intervention services under this
				chapter if one of the following applies:
1.
				The county administrative agency cannot identify a parent of the
				child;
2. The county administrative
				agency, after reasonable efforts, cannot discover the whereabouts of a parent;
				or
3. The child is under the legal
				custody or guardianship of the state, a county or a child welfare agency
				pursuant to ch. 48, 54, or 767, Stats., and the state, county or child welfare
				agency has the authority to make service decisions for the child.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.01 - Introduction

Current through June 24, 2024
(1) SCOPE. This chapter applies to all
				records of persons who are receiving treatment or who at any time received
				treatment for mental illness, developmental disabilities, alcohol abuse or drug
				abuse from the department, a board established under s.
				46.23,
				51.42
				or
				51.437,
				Stats., or treatment facilities and persons providing services under contract
				with the department, a board or a treatment facility whether the services are
				provided through a board or not. Private practitioners practicing individually
				who are not providing services to boards are not deemed to be treatment
				facilities and their records are not governed by this chapter.
(2) STATUTORY AUTHORITY. This chapter is
				promulgated pursuant to s.
				51.30(12),
				Stats., which directs the department to promulgate rules to implement s.
				51.30, Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Board" means the community board established under s.
				46.23,
				51.42
				or
				51.437,
				Stats.
(a) "51-board" means a community board
				established under s.
				51.42
				or
				51.437,
				Stats.
(b) "Human services board"
				means a combined board established under s.
				46.23,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.04 - Disclosure without informed consent

Current through June 24, 2024
(1) AUDITS AND
				EVALUATION.
(a) Treatment records may be
				disclosed for management audits, financial audits or program monitoring and
				evaluation but only as authorized under s.
				51.30(4) (b)
				1, Stats., and this subsection.
(b) A record of all audits and evaluations
				shall be maintained at each treatment facility.
(c) Auditors and evaluators shall provide the
				treatment facility with written documentation regarding their authority to
				audit or evaluate by reference to statutes, administrative rules or
				certification by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.05 - Patient access to treatment records

Current through June 24, 2024
(1) ACCESS DURING
				TREATMENT.
(a) Every patient shall have access
				to his or her treatment records during treatment to the extent authorized under
				s.
				51.30(4)
				(d) 1, Stats., and this subsection.
(b) The treatment facility director or
				designee may only deny access to treatment records other than records of
				medication and somatic treatment.
1. Denial
				may be made only if the director has reason to believe that the benefits of
				allowing access to the patient are outweighed by the disadvantages of allowing
				access.
2. The reasons for any
				restriction shall be entered into the treatment record.
(c) Each patient, patient's guardian and
				parent of a minor patient shall be informed of all rights of access upon
				admission or as soon as clinically feasible, as required under s.
				51.61(1)
				(a), Stats., and upon discharge as required
				under s.
				51.30(4)
				(d) 4, Stats. If a minor is receiving alcohol
				or other drug abuse treatment services, the parents shall be informed that they
				have a right of access to the treatment records only with the minor's consent
				or in accordance with
				42 CFR
				2.15.
(d) The secretary of the department or
				designee, upon request of a director, may grant variances from the notice
				requirements under par. (c) for units or groups or patients who are unable to
				understand the meaning of words, printed material or signs due to their mental
				condition but these variances shall not apply to any specific patient within
				the unit or group who is able to understand. Parents or guardians shall be
				notified of any variance.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.06 - Minors and incompetents

Current through June 24, 2024
(1) Obtaining informed consent for release of
				information from the treatment records of minors, including developmentally
				disabled minors, and of incompetents and granting access by the parent or
				guardian and by the minor to treatment records shall be in accordance with s.
				51.30(5),
				Stats., and this section.
(2)
				Information may be released from the alcohol or drug abuse treatment records of
				a minor only with the consent of both the minor and the minor's parent,
				guardian or person in the place of a parent, except that outpatient or
				detoxification services information, with the qualifications about these
				services indicated in s.
				51.47(2),
				Stats., shall be disclosed only with the consent of the minor provided that the
				minor is 12 years of age or older.
Note: Section
				  42 CFR
				  2.14(b) provides that when a
				  minor under state law can obtain treatment for alcohol abuse or drug abuse
				  without the parent or guardian's approval, as under s.
				  51.47,
				  Stats., only the minor's consent is required for disclosure of information from
				  records of that treatment.
(3) A developmentally disabled minor aged 14
				or older shall be notified of the right to file a written objection to access
				to treatment records by his or her parent, guardian or person in place of
				parent and that notice shall be documented in the treatment record.
(4) All sections of this chapter that are
				applicable to adults shall apply to any access to treatment records and
				disclosure of information from treatment records when the patient ceases to be
				a minor.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.07 - Privileged communications

Current through June 24, 2024
Communications between a physician or psychologist and
				  patient or between an attorney and a client shall be
				  privileged.
Federal regulations regarding alcohol and drug dependence
					 treatment records do not recognize the statutory exceptions to the physician
					 and psychologist privilege in s.
					 905.04,
					 Stats., or the attorney privilege in s.
					 905.03,
					 Stats., but require either informed consent or a court order under
					 42 CFR 2.61
					 to
					 2.67
					 for disclosure of confidential information.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.08 - Criminal commitments

Current through June 24, 2024
Treatment records of persons committed under chs. 971 and
				  975, Stats., are covered by s.
				  51.30, Stats., and this
				  chapter. Treatment records of persons sentenced to correctional facilities
				  under criminal statutes and not receiving services from a board or a state
				  mental health institute are not covered.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.09 - Grievance procedure

Current through June 24, 2024
Any failure to comply with provisions of s.
				  51.30, Stats., or this
				  chapter may be processed as a grievance under s.
				  51.61(5),
				  Stats., as provided in s.
				  51.30(8),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.10 - Discipline of employees

Current through June 24, 2024
Employees of the department, board, or public treatment
				  facilities who violate requirements under s.
				  51.30, Stats., or this
				  chapter may be disciplined in accordance with s.
				  51.30(11),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.11 - Employee orientation

Current through June 24, 2024
Directors and program directors shall ensure that persons
				  whose regular duties include requesting, distributing, or granting access to
				  treatment records are aware of their responsibility to maintain the
				  confidentiality of information protected by this chapter and of the criminal
				  and civil liabilities for violations of s.
				  51.30,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 92 - Confidentiality Of Treatment Records › Section DHS 92.12 - Retention periods

Current through June 24, 2024
(1) Treatment records shall be retained for
				at least 7 years after treatment has been completed, unless under this section
				they are to be retained for a longer period of time.
(2) In the case of a minor, records shall be
				retained until the person becomes 19 years of age or until 7 years after
				treatment has been completed, whichever is longer.
(3) Any record undergoing federal or state
				audit shall be maintained until completion of the audit.
(4) Records relating to legal actions shall
				be maintained until completion of the legal action.
(5) Records relating to billing or
				collections shall be maintained for periods of time specified in s.
				DHS
				1.06.
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 94.01 - Authority, purpose and applicability

Current through June 24, 2024
(1) AUTHORITY AND
				  PURPOSE. This chapter is promulgated under the authority of s.
				  51.61(5) (b) and
				  (9), Stats., to implement s.
				  51.61, Stats.,
				  concerning the rights of patients receiving treatment for mental illness, a
				  developmental disability, alcohol abuse or dependency or other drug abuse or
				  dependency.
(2) TO WHOM THE RULES
				  APPLY.
(a) Except as provided in par. (b),
				  this chapter applies to the department, to county departments established under
				  s.
				  46.23,
				  51.42
				  or
				  51.437,
				  Stats., and to all treatment facilities and other service providers, whether or
				  not under contract to a county department, including the state-operated mental
				  health institutes and centers for the developmentally disabled, habilitation or
				  rehabilitation programs, programs certified under ch. DHS 61 and facilities
				  licensed under ch. DHS 124 which also provide treatment for alcoholic, drug
				  dependent, mentally ill or developmentally disabled persons. This chapter also
				  applies to correctional institutions in which inmates receive treatment for
				  mental disorders, but only in relation to patient rights specified in s.
				  51.61(1) (a), (d), (f), (g), (h),
				  (j) and (k), Stats. This chapter does not
				  apply to a hospital emergency room.
Note: The mental health treatment of inmates of
					 correctional institutions is governed by ch. DOC 314. The application of ch.
					 DHS 94 to correctional institutions is consistent with ss.
					 DOC
					 314.02(9) and 314.04(1) (c).
(b) Subchapter III does not apply
				  to the grievance procedures of the state mental health institutes, the state
				  centers for persons with developmental disabilities or units housing patients
				  committed under ch. 980, Stats., nor does it apply to individual private
				  practitioners who deliver services through offices that are not part of a
				  program.
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 94.03 - Informed consent

Current through June 24, 2024
(1) Any informed consent document required
				  under this chapter shall declare that the patient or the person acting on the
				  patient's behalf has been provided with specific, complete and accurate
				  information and time to study the information or to seek additional information
				  concerning the proposed treatment or services made necessary by and directly
				  related to the person's mental illness, developmental disability, alcoholism or
				  drug dependency, including:
(a) The benefits
				  of the proposed treatment and services;
(b) The way the treatment is to be
				  administered and the services are to be provided;
(c) The expected treatment side effects or
				  risks of side effects which are a reasonable possibility, including side
				  effects or risks of side effects from medications;
(d) Alternative treatment modes and
				  services;
(e) The probable
				  consequences of not receiving the proposed treatment and services;
(f) The time period for which the informed
				  consent is effective, which shall be no longer than 15 months from the time the
				  consent is given; and
(g) The right
				  to withdraw informed consent at any time, in writing.
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 94.04 - Notification of rights

Current through June 24, 2024
(1) Before or upon admission or, in the case
				  of an outpatient, before treatment is begun, the patient shall be notified
				  orally and given a written copy of his or her rights in accordance with s.
				  51.61(1)
				  (a), Stats., and this chapter. Oral
				  notification may be accomplished by showing the patient a video about patient
				  rights under s.
				  51.61, Stats.,
				  and this chapter. The guardian of a patient who is incompetent and the parent
				  of a minor patient shall also be notified, if they are available. Notification
				  is not required before admission or treatment when there is an emergency.
Note: The statute does not make distinctions among types of
					 treatment facilities when it comes to protecting patients' rights. Some rights
					 may be more applicable to patients in inpatient facilities than to patients in
					 less restrictive facilities such as sheltered workshops or outpatient clinics.
					 When informing patients of their rights, facility directors may emphasize those
					 rights that are most applicable to the particular facility, program or services
					 but s.
					 51.61, Stats.,
					 requires notification that other rights exist and may, under some
					 circumstances, apply in a given situation.
(2) Before, upon or at a reasonable time
				  after admission, a patient shall be informed in writing, as required by s.
				  51.61(1)
				  (w), Stats., of any liability that the
				  patient or any of the patient's relatives may have for the cost of the
				  patient's care and treatment and of the right to receive information about
				  charges for care and treatment services.
(3) Patients who receive services for an
				  extended period of time shall be orally re-notified of their rights at least
				  annually and be given another copy of their rights in writing if they request a
				  copy or if there has been a statutory change in any of their rights since the
				  time of their admission.
(4) If a
				  patient is unable to understand the notification of rights, written and oral
				  notification shall be made to the parent or guardian, if available, at the time
				  of the patient's admission or, in the case of an outpatient, before treatment
				  is begun, and to the patient when the patient is able to understand.
(5) All notification of rights, both oral and
				  written, shall be in language understood by the patient, including sign
				  language, foreign language or simplified language when that is necessary. A
				  simplified, printed version of patients rights shall be conspicuously posted in
				  each patient area.
A simplified version of patient rights in poster form is
						available from the Division of Mental Health and Substance Abuse Services, P.O.
						Box 7851, Madison, WI 53707 or at www.dhs.wisconsin.gov/clientrights [File Link
						Not Available].
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 94.05 - Limitation or denial of rights

Current through June 24, 2024
(1) No patient
				  right may be denied except as provided under s.
				  51.61(2),
				  Stats., and as otherwise specified in this chapter.
(2)
(a)
				  Good cause for denial or limitation of a right exists only when the director or
				  designee of the treatment facility has reason to believe the exercise of the
				  right would create a security problem, adversely affect the patient's treatment
				  or seriously interfere with the rights or safety of others.
(b) Denial of a right may only be made when
				  there are documented reasons to believe there is not a less restrictive way of
				  protecting the threatened security, treatment or management
				  interests.
(c) No right may be
				  denied when a limitation can accomplish the stated purpose and no limitation
				  may be more stringent than necessary to accomplish the purpose.
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 94.06 - Assistance in the exercise of rights

Current through June 24, 2024
(1) Each service
				  provider shall assist patients in the exercise of all rights specified under
				  ch. 51, Stats., and this chapter.
(2) No patient may be required to waive any
				  of his or her rights under ch. 51, Stats., or this chapter as a condition of
				  admission or receipt of treatment and services.
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 94.07 - Least restrictive treatment and conditions

Current through June 24, 2024
(1) Except in the
				  case of a patient who is admitted or transferred under s.
				  51.35(3)
				  or
				  51.37,
				  Stats., or under ch. 971 or 975, Stats., each patient shall be provided the
				  least restrictive treatment and conditions which allow the maximum amount of
				  personal and physical freedom in accordance with s.
				  51.61(1)
				  (e), Stats., and this section.
(2) No patient may be transferred to a
				  setting which increases personal or physical restrictions unless the transfer
				  is justified by documented treatment or security reasons or by a court order.
Note: Refer to ss.
					 51.35(1)
					 and
					 55.15,
					 Stats., for transfer requirements in cases that are different from those
					 covered under s.
					 51.61(1)
					 (e), Stats.
(3) Inpatient and residential treatment
				  facilities shall identify all patients ready for placement in less restrictive
				  settings and shall, for each of these patients, notify the county department or
				  the county social services department of the identified county of
				  responsibility, as determined in accordance with s.
				  51.40,
				  Stats., and shall also notify the patient's guardian and guardian ad litem, if
				  any, and the court with jurisdiction over the patient's ch. 51 or 55, Stats.,
				  placement, if any, that the patient is ready for placement in a less
				  restrictive setting. The county department or the county social services
				  department shall then act in accordance with s.
				  51.61(1)
				  (e), Stats., to place the patient in a less
				  restrictive setting.
(4) Inpatient
				  and residential treatment facilities shall identify security measures in their
				  policies and procedures and shall specify criteria for the use of each
				  security-related procedure.
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 94.08 - Prompt and adequate treatment

Current through June 24, 2024
All patients shall be provided prompt and adequate
					 treatment, habilitation or rehabilitation, supports, community services and
					 educational services as required under s.
					 51.61(1)
					 (f), Stats., and copies of applicable
					 licensing and certification rules and program manuals and
					 guidelines.
Educational requirements for school-age patients in
						inpatient facilities can be found under chs. 115 and 118,
						Stats.
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 94.09 - Medications and other treatment

Current through June 24, 2024
(1) Each patient
				  shall be informed of his or her treatment and care and shall be permitted and
				  encouraged to participate in the planning of his or her treatment and
				  care.
(2) A patient may refuse
				  medications and any other treatment except as provided under s.
				  51.61(1) (g) and
				  (h), Stats., and this section.
(3) Any patient who does not agree with all
				  or any part of his or her treatment plan shall be permitted a second
				  consultation for review of the treatment plan as follows:
(a) An involuntary patient may request a
				  second consultation from another staff member who is not directly providing
				  treatment to the patient, and the treatment facility shall make the designated
				  staff member available at no charge to the patient; and
(b) Any patient may, at his or her own
				  expense, arrange for a second consultation from a person who is not employed by
				  the treatment facility to review the patient's treatment record.
(c) Service providers may pay for some or all
				  of the costs of any second consultation allowed under par. (b). Service
				  providers may also enter into agreements with other service providers to
				  furnish consultations for each other's clients.
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 94.10 - Isolation, seclusion and physical restraints

Current through June 24, 2024
Any service provider using isolation, seclusion or physical
					 restraint shall have written policies that meet the requirements specified
					 under s.
					 51.61(1)
					 (i), Stats., and this chapter. Isolation,
					 seclusion or physical restraint may be used only in an emergency, when part of
					 a treatment program or as provided in s.
					 51.61(1)
					 (i) 2, Stats. For a community placement, the
					 use of isolation, seclusion or physical restraint shall be specifically
					 approved by the department on a case-by-case basis and by the county department
					 if the county department has authorized the community placement. In granting
					 approval, a determination shall be made that use is necessary for continued
					 community placement of the individual and that supports and safeguards
					 necessary for the individual are in place.
The use of isolation, seclusion or physical restraint may
						be further limited or prohibited by licensing or certification standards for
						that service provider.
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 94.11 - Electroconvulsive therapy

Current through June 24, 2024
(1) No patient may
				  be administered electroconvulsive therapy except as specified under s.
				  51.61(1)
				  (k), Stats., and this section.
(2) The patient shall be informed that he or
				  she has a right to consult with legal counsel, legal guardian, if any, and
				  independent specialists prior to giving informed consent for electroconvulsive
				  therapy.
(3) A treatment facility
				  shall notify the program director prior to the planned use of electroconvulsive
				  therapy on a county department patient.
(4) Electroconvulsive therapy may only be
				  administered under the direct supervision of a physician.
(5) A service provider performing
				  electroconvulsive therapy shall develop and implement written policies and
				  procedures for obtaining and monitoring informed consent.
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 94.12 - Drastic treatment procedures

Current through June 24, 2024
(1) Drastic
				  treatment procedures may only be used in an inpatient treatment facility or a
				  center for the developmentally disabled as defined in s.
				  51.01(3),
				  Stats. No patient may be subjected to drastic treatment procedures except as
				  specified under s.
				  51.61(1)
				  (k), Stats., and this section.
(2) The patient shall be informed that he or
				  she has a right to consult with legal counsel, legal guardian, if any, and
				  independent specialists prior to giving informed consent for drastic treatment
				  procedures.
(3) The treatment
				  facility shall notify the program director prior to the planned use of drastic
				  treatment procedures on county department patients.
(4) Each county department shall report
				  monthly to the department the type and number of drastic treatment procedures
				  used on county department patients.
Reports required under sub. (4) should be sent to the
						area administrator in the appropriate Department regional office. The addresses
						of all regional offices are available from the Office of Policy Initiatives and
						Budget, P.O. Box 7850, Madison, WI 53707.
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 94.13 - Research and human rights committee

Current through June 24, 2024
(1) An inpatient or
				  residential treatment facility conducting or permitting research or drastic
				  treatment procedures involving human subjects shall establish a research and
				  human rights committee in accordance with 45 CFR 46, s.
				  51.61(4),
				  Stats., and this section.
(2) The
				  committee shall include 2 members who are consumers or who represent either an
				  agency or organization which advocates rights of patients covered by this
				  chapter.
(3) The inpatient or
				  residential treatment facility research and human rights committee shall
				  designate a person to act as consent monitor who shall be authorized to
				  validate informed consent and terminate a patient's participation in a research
				  project or a drastic treatment procedure immediately upon violation of any
				  requirement under this chapter or upon the patient's withdrawal of
				  consent.
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 94.14 - Research

Current through June 24, 2024
(1) All proposed research involving patients
				  shall meet the requirements of s.
				  51.61(1)
				  (j), Stats., 45 CFR 46, and this
				  section.
(2) No patient may be
				  subjected to any experimental diagnostic or treatment technique or to any other
				  experimental intervention unless the patient gives informed consent, the
				  patient's informed consent is confirmed by the consent monitor and the research
				  and human rights committee has determined that adequate provisions are made to:
(a) Protect the privacy of the
				  patient;
(b) Protect the
				  confidentiality of treatment records in accordance with s.
				  51.30, Stats., and ch.
				  DHS 92;
(c) Ensure that no patient
				  may be approached to participate in the research unless the patient's
				  participation is approved by the person who is responsible for the treatment
				  plan of the patient; and
(d) Ensure
				  that the conditions of this section and other requirements under this chapter
				  are met.
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 94.15 - Labor performed by patients

Current through June 24, 2024
(1) Any labor
				  performed by a patient which is of financial benefit to the treatment facility
				  shall be conducted within the requirements under s.
				  51.61(1)
				  (b), Stats., and this section.
(2) Patients may only be required to perform
				  tasks that are equivalent to personal housekeeping chores performed in common
				  or private living areas of an ordinary home. Personal housekeeping tasks may
				  include light cleaning of shared living quarters if all patients sharing those
				  quarters participate as equally as possible in the cleaning chores.
(3) Payment for therapeutic labor authorized
				  under s.
				  51.61(1)
				  (b), Stats., shall be made in accordance with
				  wage guidelines established under state and federal law.
(4) Documentation shall be made in the
				  treatment record of any compensated, uncompensated, voluntary or involuntary
				  labor performed by any patient.
(5)
				  The document used to obtain informed consent for application of a patient's
				  wages toward the cost of treatment shall conspicuously state that the patient
				  has the right to refuse consent without suffering any adverse
				  consequences.
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 94.16 - Religious worship

Current through June 24, 2024
(1) All inpatients shall be allowed to
				  exercise their right to religious worship as specified under s.
				  51.61(1)
				  (L), Stats., and this section.
(2) The director of each treatment facility
				  serving inpatients shall seek clergy to be available to meet the religious
				  needs of the inpatients.
(3) The
				  director or designee shall make reasonable provision for inpatients to attend
				  religious services either inside or outside the facility, except for documented
				  security reasons, and shall honor any reasonable request for religious
				  visitation by the representative of any faith or religion.
(4) Visiting clergy shall have the same
				  access to inpatients as staff clergy except that visiting clergy may be
				  required to work with and be accompanied by staff clergy.
(5) A patient whose disruptive behavior
				  interferes with other patients' right to worship shall be removed from worship
				  services.
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 94.17 - Confidentiality of records

Current through June 24, 2024
All treatment records are confidential. A patient or
					 guardian may inspect, copy and challenge the patient's records as authorized
					 under s.
					 51.30, Stats., and ch.
					 DHS 92.
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 94.18 - Filming and taping

Current through June 24, 2024
(1) No patient may be recorded, photographed,
				  or filmed for any purpose except as allowed under s.
				  51.61(1)
				  (o), Stats., and this section.
(2) A photograph may be taken of a patient
				  without the patient's informed consent only for the purpose of including the
				  photograph in the patient's treatment record.
(3) The informed consent document shall
				  specify that the subject patient may view the photograph or film or hear the
				  recording prior to any release and that the patient may withdraw informed
				  consent after viewing or hearing the material.
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 94.19 - Mail

Current through June 24, 2024
(1) Each inpatient shall be allowed to send
				  and receive sealed mail in accordance with s.
				  51.61(1)
				  (cm) 1, Stats., and this section.
(2) Any inpatient who has been determined
				  indigent under the facility's operating policies shall, upon request, be
				  provided with up to 2 stamped non-letterhead envelopes each week and with
				  non-letterhead stationery and other letter-writing materials.
(3) Mail shall be delivered to inpatients
				  promptly by the facility's normal distribution procedures.
(4) Upon request of an inpatient or his or
				  her guardian, mail shall be opened by a facility staff member and read to him
				  or her. The initial request shall be documented in the treatment
				  record.
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 94.20 - Telephone calls

Current through June 24, 2024
(1) Inpatients shall be allowed reasonable
				  access to a telephone to make and receive a reasonable number of telephone
				  calls as authorized by s.
				  51.61(1)
				  (p), Stats., and this section.
(2) Patients shall be permitted to make an
				  unlimited number of private telephone calls to legal counsel and to receive an
				  unlimited number of private telephone calls from legal counsel.
(3)
(a)
				  Except as provided in par. (b), each inpatient shall be permitted to make a
				  reasonable number of private, personal calls. The number and duration of the
				  calls may be limited for legitimate management reasons, but the facility shall
				  provide every patient the opportunity to make at least one private, personal
				  telephone call per day.
(b) This
				  subsection does not prohibit a facility under s.
				  980.065,
				  Stats., from recording patients' personal telephone calls or monitoring the
				  resulting recordings.
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 94.21 - Visitors

Current through June 24, 2024
(1) Each inpatient shall be permitted to see
				  visitors each day, as authorized by s.
				  51.61(1)
				  (t), Stats., and in accordance with this
				  section.
(2) Adequate and
				  reasonably private space shall be provided to accommodate visitors so that
				  severe time limits need not be set on a visit.
(3) Every visitor who arrives during normal
				  visiting hours shall be permitted to see the patient unless the patient refuses
				  to see the visitor.
(4) The
				  treatment facility may require prior identification of potential visitors and
				  may search visitors but only when there are documented security reasons for
				  screening or searching visitors.
(5) Visits may not be limited to less than
				  one hour, except under documented special circumstances.
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 94.22 - Voting

Current through June 24, 2024
(1) The director of each treatment facility
				  serving inpatients shall ensure that inpatients have an opportunity to vote,
				  unless they are otherwise restricted by law from voting, by:
(a) Surveying all patients 18 years of age or
				  over to ascertain their interest in registering to vote, obtaining absentee
				  ballots and casting ballots. The survey shall be conducted far enough before an
				  election to allow sufficient time for voter registration and acquisition of
				  absentee ballots;
(b) Making
				  arrangements with state and local election officials to register voters and to
				  enable interested inpatients to cast ballots at the facility; and
(c) With a patient's consent, assisting
				  election officials in determining the patient's place of residence for voting
				  purposes.
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 94.23 - Discharge of voluntary patients

Current through June 24, 2024
(1) When a
				  voluntary inpatient requests a discharge, the facility director or designee
				  shall either release the patient or file a statement of emergency detention
				  with the court as provided under ss.
				  51.10(5),
				  51.13(7)
				  (b) and
				  51.15(10),
				  Stats., and this section.
(2) If a
				  voluntary inpatient requests a discharge and he or she has no other living
				  quarters or is in need of other services to make the transition to the
				  community, the following actions shall be taken by the facility director or
				  designee prior to discharge:
(a) Counsel the
				  patient and, when possible, assist the patient in locating living
				  quarters;
(b) Inform the applicable
				  program director, if any, of the patient's need for residential and other
				  necessary transitional services; and
(c) If no living arrangements have been made
				  by the time of discharge, refer the patient to an appropriate service agency
				  for emergency living arrangements.
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 94.25 - Patient funds

Current through June 24, 2024
Except as otherwise provided under s.
					 51.61(1)
					 (v), Stats., a patient shall be permitted to
					 use the patient's own money as the patient wishes. A service provider holding
					 funds for a patient shall give the patient an accounting of those funds in
					 accordance with s.
					 51.61(1)
					 (v), Stats.
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 94.26 - Clothing and laundry

Current through June 24, 2024
(1) Inpatients shall be permitted to wear
				  their own clothing as authorized under s.
				  51.61(1)
				  (q), Stats., and this section.
(2) If inpatients do not have enough of their
				  own clothing, they shall be furnished with appropriate noninstitutional
				  clothing of proper size as follows:
(a) There
				  shall be sufficient clothing to allow each patient at least one change of
				  underwear a day and 3 changes of clothing a week; and
(b) There shall be clothing which is
				  appropriate for patients to wear out of doors and on trips or visits in all
				  weather conditions.
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 94.27 - Storage space

Current through June 24, 2024
(1) Each inpatient shall be provided
				  sufficient and convenient space for clothing, toilet articles and other
				  personal belongings, as required under s.
				  51.61(1)
				  (r), Stats., and this section.
(2) Individual storage space shall be
				  conveniently accessible to the patient, shall accommodate hanging of clothes
				  and shall be lockable or otherwise made secure if requested by the
				  patient.
(3) Personal storage space
				  may be searched only if there is documented reason to believe a violation of
				  the facility's security regulations has occurred and the patient is given the
				  opportunity to be present during the search, except in forensic units where
				  routine searches may be conducted in accordance with written facility
				  policies.
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 94.28 - Right to file grievances

Current through June 24, 2024
(1) A patient or a
				  person acting on behalf of a patient may file a grievance under s.
				  DHS
				  94.29 procedures with the administrator of a facility
				  or other service provider or with a staff member of the facility or other
				  service provider without fear of reprisal and may communicate, subject to s.
				  51.61(1)
				  (p), Stats., with any public official or any
				  other person without fear of reprisal.
(2) No person may intentionally retaliate or
				  discriminate against any patient, person acting on behalf of a patient or
				  employee for contacting or providing information to any official or to an
				  employee of any state protection and advocacy agency, or for initiating,
				  participating in or testifying in a grievance procedure or in any action for
				  any remedy authorized by law.
(3)
				  No person may deprive a patient of the ability to seek redress for alleged
				  violations of his or her rights by unreasonably precluding the patient from
				  using the grievance procedure established under s.
				  DHS
				  94.29 or from communicating, subject to any valid
				  telephone or visitor restriction under s.
				  DHS
				  94.05, with a court, government official, grievance
				  investigator or staff member of a protection and advocacy agency or with legal
				  counsel.
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 94.29 - Grievance resolution procedures

Current through June 24, 2024
Failure of a treatment facility to comply with any
					 provision of rights under s.
					 51.61, Stats., or
					 this chapter may be processed as a grievance under s.
					 51.61(5),
					 Stats., and subch. III of this chapter.
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 94.30 - Compliance assurance

Current through June 24, 2024
(1) Each treatment facility director and
				  program director shall ensure that all of his or her employees who have any
				  patient contact are aware of the requirements of this chapter and of the
				  criminal and civil liabilities for violation of ss.
				  51.30(10),
				  51.61,
				  146.84,
				  813.123,
				  940.22(2),
				  940.225,
				  940.285,
				  940.295
				  and
				  943.20(3)
				  (d) 6, Stats., and of the protection for
				  reporting violations of rights to licensing agencies under s.
				  51.61(10),
				  Stats.
(2) In the event that a
				  contracted treatment facility does not comply with an applicable requirement of
				  this chapter, the county department shall notify the department of the specific
				  non-compliance within 7 calendar days of its discovery.
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 94.31 - Application of other rules and regulations

Current through June 24, 2024
In applying the requirements of this chapter, when a
					 different state rule or federal regulation also applies to the protection of a
					 particular right of patients, the different state rule or federal regulation
					 shall be controlling if it does more to promote patient rights than the
					 counterpart requirement in this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.40 - System requirements

Current through June 24, 2024
(1) GRIEVANCE RESOLUTION SYSTEM REQUIRED. All
				  programs providing services or residential care to persons who need the
				  services or residential care because of mental illness, a developmental
				  disability, alcoholism or drug dependency, as those terms are defined in s.
				  51.01, Stats., shall
				  have a grievance resolution system which complies with the requirements of this
				  subchapter.
(2) WRITTEN POLICIES. A
				  program shall have written policies which provide that:
(a) Staff of the program know and understand
				  the rights of the clients they serve;
(b) Fair, responsive and respectful
				  procedures are available which permit clients to obtain resolution of their
				  grievances within the time frames provided in this subchapter;
(c) Staff and clients are instructed in both
				  the formal procedures by which clients may seek resolution of grievances, and
				  informal methods for resolving client concerns; and
(d) Staff who act as client rights
				  specialists, or private individuals with whom the program contracts for this
				  service, are trained in the procedures required by this subchapter, techniques
				  for resolution of concerns and grievances and the applicable provisions of ch.
				  51, Stats., ch. DHS 92 and this chapter.