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February 8, 2019 - Introduced by Senators Fitzgerald, Cowles, Darling, Feyen,
Jacque, Johnson, Kooyenga, Marklein, Olsen, Petrowski, Risser,
Schachtner, Shilling, Smith, Tiffany, Wanggaard and Ringhand,
cosponsored by Representatives Jagler, Born, Ballweg, Brooks, Dittrich,
Anderson, Edming, Gundrum, Hintz, Kitchens, Kolste, Kuglitsch, Kulp,
Krug, Loudenbeck, Murphy, Mursau, Neubauer, Petersen, Petryk, Quinn,
Ramthun, Schraa, Sinicki, Skowronski, Spiros, Spreitzer, Steffen, Subeck,
Thiesfeldt, Tittl, Tranel, VanderMeer, Vorpagel and Wittke. Referred to
Committee on Government Operations, Technology and Consumer
Protection.
SB19,1,2 1An Act relating to: terminology changes for those with an intellectual disability
2in administrative rules.
Analysis by the Legislative Reference Bureau
This bill substitutes the phrase “intellectual disability" and similar phrases for
“mental retardation," “mentally retarded," and similar phrases in rules promulgated
by the Department of Health Services, the Department of Children and Families, the
Public Service Commission, the Department of Safety and Professional Services, and
the Department of Workforce Development. The bill also changes the definition of
“intellectual disability" in rules promulgated by DHS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB19,1 3Section 1 . DCF 52.59 (9) (a) 2. of the administrative code is amended to read:
SB19,2,34 DCF 52.59 (9) (a) 2. Staff shall have respite care training designed around the
5specific needs of individuals for which care is provided, such as autism, epilepsy,
6cerebral palsy and mental retardation intellectual disabilities. As part of this
7training, staff who have not already had some experience working with the type of

1individual to be cared for shall have at least 8 hours of supervised experience by
2someone who is knowledgeable in working with the type of individual or more than
38 hours if necessary to ensure the provision of competent care.
SB19,2 4Section 2. DHS 10.13 (3) of the administrative code is amended to read:
SB19,2,105 DHS 10.13 (3) “Adult protective services" means protective services for
6mentally retarded individuals with intellectual disabilities and other
7developmentally disabled persons, for aged infirm persons, for chronically mentally
8ill persons and for persons
developmental disabilities, for individuals with
9infirmities of aging, for individuals with chronic mental illness, and for individuals

10with other like incapacities incurred at any age as defined in s. 55.02, Stats.
SB19,3 11Section 3. DHS 10.13 (16) of the administrative code is amended to read:
SB19,2,1912 DHS 10.13 (16) “Developmental disability" means a disability attributable to
13brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
14retardation
intellectual disability, or another neurological condition closely related
15to mental retardation intellectual disability or requiring treatment similar to that
16required for mental retardation intellectual disability, that has continued or can be
17expected to continue indefinitely and constitutes a substantial handicap to the
18afflicted individual. “Developmental disability" does not include senility that is
19primarily caused by the process of aging or the infirmities of aging.
SB19,4 20Section 4. Chapter DHS 15 (title) of the administrative code is amended to
21read:
SB19,3,3 22CHAPTER DHS 15
23 ASSESSMENT FOR OCCUPIED BEDS
24 IN NURSING HOMES AND
25 INTERMEDIATE CARE FACILITIES

1FOR
THE MENTALLY RETARDED
2 IN
DIVIDUALS WITH INTELLECTUAL
3 DISABILITIES
SB19,5 4Section 5. DHS 15.01 of the administrative code is amended to read:
SB19,3,10 5DHS 15.01 Authority and purpose. This chapter is promulgated under the
6authority of s. 50.14 (5) (b), Stats., to establish procedures and other requirements
7necessary for levying and collecting the monthly assessment imposed under s. 50.14
8(2), Stats., on all licensed beds in intermediate care facilities for the mentally
9retarded (ICF-MR)
individuals with intellectual disabilities (ICF-IID) and nursing
10homes, except facilities that are located outside the state.
SB19,6 11Section 6. DHS 15.02 (4), (5) and (7) of the administrative code are amended
12to read:
SB19,3,1313 DHS 15.02 (4) “Facility" means an ICF-MR ICF-IID or nursing home.
SB19,3,16 14(5)ICF-MR ICF-IID" or “intermediate care facility for the mentally retarded
15individuals with intellectual disabilities" means a facility or distinct part of a facility
16defined under 42 USC 1396d (d) and regulated under ch. DHS 134.
SB19,3,18 17(7) “Nursing home" has the meaning prescribed under s. 50.01 (3), Stats.,
18except that it does not include an ICF-MR ICF-IID.
SB19,7 19Section 7. DHS 15.04 (2) (c) of the administrative code is amended to read:
SB19,3,2320 DHS 15.04 (2) (c) In a facility having some beds that are licensed as ICF-MR
21ICF-IID beds and some beds that are licensed as nursing home beds, separate
22calculations shall be performed for the ICF-MR ICF-IID beds and for the nursing
23home beds.
SB19,8 24Section 8. DHS 61.022 (5) of the administrative code is amended to read:
SB19,4,8
1DHS 61.022 (5) “Developmental disability" means a disability attributable to
2mental retardation intellectual disability, cerebral palsy, epilepsy, autism or another
3neurologic condition closely related to mental retardation intellectual disability or
4requiring treatment similar to that required for mental retardation intellectual
5disability
, which has continued or can be expected to continue indefinitely and
6constitutes a substantial handicap to the afflicted individual. Developmental
7disability does not include senility, which is primarily caused by the process of aging
8or the infirmities of aging.
SB19,9 9Section 9. DHS 61.022 (9) of the administrative code is renumbered DHS
1061.022 (7m) and amended to read:
SB19,4,1311 DHS 61.022 (7m)Mental retardation Intellectual disability" means
12subaverage general intellectual functioning which that originates during the
13developmental period and is associated with impairment in adaptive behavior.
SB19,10 14Section 10. DHS 61.022 (10) of the administrative code is amended to read:
SB19,4,1615 DHS 61.022 (10) “Neurologic conditions" means disease states which require
16treatment similar to that required for mental retardation intellectual disabilities.
SB19,11 17Section 11. DHS 61.43 (1) of the administrative code is amended to read:
SB19,4,2018 DHS 61.43 (1) Personnel. There shall be an administrator and staff as
19required under ch. DHS 134, and federal standards regulating intermediate care
20facilities for the mentally retarded individuals with intellectual disabilities.
SB19,12 21Section 12. DHS 61.43 (2) (a) of the administrative code is amended to read:
SB19,4,2422 DHS 61.43 (2) (a) Program requirements shall comply with appropriate
23sections of ch. DHS 134, and federal standards regulating intermediate care
24facilities for the mentally retarded individuals with intellectual disabilities.
SB19,13 25Section 13. DHS 61.70 (1) (b) of the administrative code is amended to read:
SB19,5,3
1DHS 61.70 (1) (b) Integrate its services with those provided by other facilities
2in the county which serve the mentally ill, mentally retarded individuals with
3intellectual disabilities
, and alcoholics and drug abusers;
SB19,14 4Section 14. DHS 63.02 (7) of the administrative code is amended to read:
SB19,5,145 DHS 63.02 (7) “Chronic mental illness" means a mental illness which is severe
6in degree and persistent in duration, which causes a substantially diminished level
7of functioning in the primary aspects of daily living and an inability to cope with the
8ordinary demands of life, which may lead to an inability to maintain stable
9adjustment and independent functioning without long-term treatment and support
10and which may be of lifelong duration. “Chronic mental illness" includes
11schizophrenia as well as a wide spectrum of psychotic and other severely disabling
12psychiatric diagnostic categories, but does not include organic mental disorders or
13a primary diagnosis of mental retardation intellectual disability or of alcohol or drug
14dependence.
SB19,15 15Section 15. DHS 63.02 (12) of the administrative code is amended to read:
SB19,5,2416 DHS 63.02 (12) “Developmental disability" has the meaning prescribed in s.
1751.01 (5) (a), Stats., namely, a disability attributable to brain injury, cerebral palsy,
18epilepsy, autism, mental retardation an intellectual disability, or another
19neurological condition closely related to mental retardation an intellectual disability
20or requiring treatment similar to that required for mental retardation an intellectual
21disability
, which has continued or can be expected to continue indefinitely and
22constitutes a substantial handicap to the afflicted individual. “Developmental
23disability" does not include senility which is primarily caused by the process of aging
24or the infirmities of aging.
SB19,16 25Section 16. DHS 63.02 (14) of the administrative code is amended to read:
SB19,6,8
1DHS 63.02 (14) “Mental illness" means mental disorder to such an extent that
2an afflicted person requires care and treatment for his or her own welfare or the
3welfare of others or of the community. For purposes of involuntary commitment,
4“mental illness" means a substantial disorder of thought, mood, perception,
5orientation or memory which grossly impairs judgment, behavior, capacity to
6recognize reality or ability to meet the ordinary demands of life, but does not include
7organic mental disorder or a primary diagnosis of mental retardation intellectual
8disability
, or of alcohol or drug dependence.
SB19,17 9Section 17. DHS 73.07 (1) (b) of the administrative code is amended to read:
SB19,6,1510 DHS 73.07 (1) (b) “Mental retardation Intellectual disability" means
11significant subaverage general intellectual functioning usually defined as an
12intelligence quotient (IQ) level of 70 or below accompanied by significant deficits or
13impairments in adaptive functioning with onset before the age of 18
that originates
14during the developmental period and is associated with impairment in adaptive
15behavior
.
SB19,18 16Section 18. DHS 73.07 (2) (a) 5. of the administrative code is amended to read:
SB19,6,2017 DHS 73.07 (2) (a) 5. The participant has a diagnosis of mental retardation
18intellectual disability and the county department has determined the severity to be
19such that it would preclude the ability to act as an employer and competently manage
20funds.
SB19,19 21Section 19. DHS 101.03 (41) (intro.) of the administrative code is amended to
22read:
SB19,6,2523 DHS 101.03 (41) (intro.) “Developmental disability" means mental retardation
24intellectual disability or a related condition such as cerebral palsy, epilepsy, or
25autism, but excluding mental illness and infirmities of aging, which is:
SB19,20
1Section 20. DHS 101.03 (130) of the administrative code is amended to read:
SB19,7,82 DHS 101.03 (130) “Preventive or maintenance occupational therapy" means
3occupational therapy procedures which are provided to forestall deterioration of the
4patient's condition or to preserve the patient's current status. Preventive or
5maintenance occupational therapy makes use of the procedures and techniques of
6minimizing further deterioration in areas including, but not limited to, the
7treatment of arthritic conditions, multiple sclerosis, upper extremity contractures,
8chronic or recurring mental illness and mental retardation intellectual disability.
SB19,21 9Section 21. DHS 105.09 (4) (b) of the administrative code is amended to read:
SB19,7,1110 DHS 105.09 (4) (b) A home or portion of a home certified as an ICF/MR ICF-IID
11is exempt from this section.
SB19,22 12Section 22. DHS 105.12 of the administrative code is amended to read:
SB19,7,17 13DHS 105.12 ICFs for mentally retarded persons individuals with
14intellectual disabilities
or persons individuals with related conditions. For
15MA certification, institutions for mentally retarded persons individuals with
16intellectual disabilities
or persons individuals with related conditions shall be
17licensed pursuant to s. 50.03, Stats., and ch. DHS 134.
SB19,23 18Section 23. DHS 107.09 (4) (o) 2. of the administrative code is amended to
19read:
SB19,7,2420 DHS 107.09 (4) (o) 2. In an institution for mentally retarded persons
21individuals with intellectual disabilities or persons with related conditions, the team
22shall also make a psychological evaluation of need for care. The psychological
23evaluation shall be made before admission or authorization of payment, but may not
24be made more than 3 months before admission.
SB19,24 25Section 24. DHS 107.09 (5) (d) of the administrative code is amended to read:
SB19,8,5
1DHS 107.09 (5) (d) ICF-level services provided to a developmentally disabled
2person admitted after September 15, 1986, to an ICF facility other than to a facility
3certified under s. DHS 105.12 as an intermediate care facility for the mentally
4retarded
individuals with intellectual disabilities unless the provisions of s. DHS
5132.51 (2) (d) 1. have been waived for that person; and
SB19,25 6Section 25. DHS 107.13 (2) (d) 2. of the administrative code is amended to
7read:
SB19,8,118 DHS 107.13 (2) (d) 2. Psychotherapy for persons individuals with the primary
9diagnosis of developmental disabilities, including mental retardation intellectual
10disabilities
, except when they experience psychological problems that necessitate
11psychotherapeutic intervention.
SB19,26 12Section 26. DHS 122.02 (2) (a) and (b) of the administrative code are amended
13to read:
SB19,8,1814 DHS 122.02 (2) (a) The conversion of a skilled nursing facility under 42 CFR
15442
Subpt. D or an intermediate care facility under 42 CFR 442 Subpt. F to an
16intermediate care facility for the mentally retarded individuals with intellectual
17disabilities
under 42 CFR 442, Subpt. G, for purposes of medical assistance
18certification;
SB19,8,2219 (b) The conversion of an intermediate care facility for the mentally retarded
20individuals with intellectual disabilities under 42 CFR 442 Subpt. G to a skilled
21nursing facility under 42 CFR 442 Subpt. D or an intermediate care facility under
2242 CFR 442 Subpt. F, for purposes of medical assistance certification;
SB19,27 23Section 27. DHS 129.03 (19) (c) of the administrative code is amended to read:
SB19,8,2524 DHS 129.03 (19) (c) An intermediate care facility for the mentally retarded
25individuals with intellectual disabilities.
SB19,28
1Section 28. DHS 129.07 (1) (a) 1. b. of the administrative code is amended to
2read:
SB19,9,53 DHS 129.07 (1) (a) 1. b. The needs of a client with Alzheimer's disease,
4dementia, mental illness, mental retardation intellectual disability, or other
5cognitive disabilities or impairments.
SB19,29 6Section 29. DHS 129.09 (6) (c) of the administrative code is amended to read:
SB19,9,147 DHS 129.09 (6) (c) Student nurses. A person currently enrolled as a student
8nurse who has completed a basic nursing course at a school approved by the
9Wisconsin Board of Nursing under s. 441.01 (4), Stats., is eligible to be employed as
10a nurse aide in a hospital, facility for the developmentally disabled, or
11federally-certified intermediate care facility for the mentally retarded individuals
12with intellectual disabilities
even if that person is not included on the registry and
13even if that person has not successfully completed a competency evaluation program
14under sub. (5) (c).
SB19,30 15Section 30. DHS 129.09 (7) of the administrative code is amended to read:
SB19,9,2216 DHS 129.09 (7) Employment prohibitions. A federally-certified nursing home
17may not hire or continue to employ a nurse aide who has a finding of abuse, neglect
18or misappropriation entered on the registry as a result of an incident that occurred
19in a federally-certified nursing home. A federally-certified intermediate care
20facility for the mentally retarded individuals with intellectual disabilities may not
21hire or continue to employ a nurse aide who has a finding of abuse, neglect or
22misappropriation entered on the registry.
SB19,31 23Section 31. DHS 132.13 (4) (intro.) of the administrative code is amended to
24read:
SB19,10,3
1DHS 132.13 (4) (intro.) “Developmental disability" means mental retardation
2intellectual disability or a related condition, such as cerebral palsy, epilepsy or
3autism, but excluding mental illness and infirmities of aging, which is:
SB19,32 4Section 32. DHS 132.51 (2) (d) 1. of the administrative code is amended to
5read:
SB19,10,106 DHS 132.51 (2) (d) 1. No person who has a developmental disability may be
7admitted to a facility unless the facility is certified as an intermediate care facility
8for the mentally retarded individuals with intellectual disabilities, except that a
9person who has a developmental disability and who requires skilled nursing care
10services may be admitted to a skilled nursing facility.
SB19,33 11Section 33. DHS 132.695 (2) (d) (intro.) of the administrative code is amended
12to read:
SB19,10,1713 DHS 132.695 (2) (d) (intro.) “QMRP QIDP" or “qualified mental retardation
14intellectual disabilities professional" means a person who has specialized training
15in mental retardation intellectual disabilities or at least one year of experience in
16treating or working with mentally retarded persons individuals with intellectual
17disabilities
and is one of the following:
SB19,34 18Section 34. DHS 132.695 (4) (c) 2. of the administrative code is amended to
19read:
SB19,10,2320 DHS 132.695 (4) (c) 2. Individual care plans shall be reassessed and updated
21at least quarterly by the interdisciplinary team, with more frequent updates if an
22individual's needs warrant it, and at least every 30 days by the QMRP QIDP to
23review goals.
SB19,35 24Section 35. DHS 134.13 (9) (intro.) of the administrative code is amended to
25read:
SB19,11,3
1DHS 134.13 (9) (intro.) “Developmental disability" means mental retardation
2intellectual disability or a related condition such as cerebral palsy, epilepsy or
3autism, but excluding mental illness and infirmities of aging, which is:
SB19,36 4Section 36. DHS 134.13 (39) of the administrative code is amended to read:
SB19,11,95 DHS 134.13 (39)QMRP QIDP" or “qualified mental retardation intellectual
6disabilities
professional" means a person who has specialized training in mental
7retardation
intellectual disabilities or at least one year of experience in treating or
8working with people with mental retardation intellectual disabilities or other
9developmental disabilities, and is one of the following:
SB19,37 10Section 37. DHS 134.31 (3) (h) of the administrative code is amended to read:
SB19,11,1511 DHS 134.31 (3) (h) Outside activities. Meet with and participate in activities
12of social, religious and community groups at the resident's discretion and with the
13permission of the resident's parents, if the resident is under 18 years of age, or
14guardian, if any, unless contraindicated as documented by the QMRP QIDP in the
15resident's record.
SB19,38 16Section 38. DHS 134.42 (title), (1) and (2) (intro.) of the administrative code
17are amended to read:
SB19,11,22 18DHS 134.42 (title) Qualified mental retardation intellectual
19disabilities
professional (QMRP) (QIDP). (1) Every facility shall have at least
20one qualified mental retardation intellectual disabilities professional on staff in
21addition to the administrator, except that in a facility with 50 or fewer beds the
22administrator, if qualified, may perform the duties of the QMRP QIDP.
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