Subchapter XI — Requirements for New Construction, Remodeling, Additions, or Newly-Licensed Existing Structures
Ch. DHS 83 Note
Chapter HSS 3 as it existed on June 30, 1996 was repealed and a new chapter HFS 83 was created effective July 1, 1996 and corrections were made under s. 13.93 (2m) (b) 1., 6. and 7., Stats., Register, July, 1996, No. 487
. Corrections made under s. 13.93 (2m) (b) 6., 7. and 14., Stats., Register, November, 1996, No. 491
. Corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1999, No. 526
. Chapter HFS 83 was renumbered to chapter DHS 83 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
hapter DHS 83 as it existed on March 31, 2009 was repealed and a new chapter DHS 83 was created effective April 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
This chapter is promulgated under the authority of s. 50.02 (2)
, Stats., to develop and establish regulations and standards for the care, treatment or services, and health, safety, rights, welfare, and comfort of residents in CBRFs.
The chapter is intended to ensure all CBRFs provide a living environment for residents that is as homelike as possible and is the least restrictive of each resident's freedom; and that care and services a resident needs are provided in a manner that protects the rights and dignity of the resident and that encourages the resident to move toward functional independence in daily living or to maintain independent functioning to the highest possible extent.
DHS 83.01 History
History: CR 07-095
: cr. Register January 2009 No. 637
, eff. 4-1-09.
DHS 83.02 Definitions.
In this chapter:
“Accessible" means barriers are not present that prevent a person from entering, leaving or functioning within a CBRF without physical help.
“Activities of daily living" means bathing, eating, oral hygiene, dressing, toileting and incontinence care, mobility and transferring from one surface to another such as from a bed to a chair.
“Administrator" means an employee, including the licensee, or an employee designated by the licensee, who is responsible for the management and day-to-day operation of the CBRF.
“Adult" means an individual who is at least 18 years of age.
“Ambulatory" means the ability to walk without difficulty or help.
“Apartment" means a living space with separate living, toileting and sleeping areas.
“Applicant" means the person seeking licensure of a CBRF.
“Area of refuge" means a room or stairwell landing for residents who cannot negotiate stairs, used for safe, temporary refuge in a fire or other emergency to await instruction or assistance.
“Assessment" means gathering and analyzing information about a prospective or existing resident's needs and abilities.
“Basement" means that portion of a building that is partly or completely below grade.
“Care, treatment or services" means the provision of personal care, supervision, supervision of medication administration, management, or assistance to a resident by the CBRF, an employee, or by a person, agency or corporation affiliated with or under contract to the operator that is above the level of room and board.
“Case manager" means a person who plans, coordinates and oversees the care of a resident.
“Chemical restraint" means a psychotropic medication used for discipline or convenience, and not required to treat medical symptoms.
“Client group" means individuals who need similar services because of a common disability, condition or status. Client groups include individuals:
With functional impairments that commonly accompany advanced age.
Under the legal custody of a government correctional agency or under the legal jurisdiction of a criminal court.
“Common dining and living space" means areas of the CBRF that are available to all residents for living and dining.
“Department" means the Wisconsin department of health services.
“Dietary supplement" means a product taken by mouth that contains a dietary ingredient such as vitamins, minerals, herbs or other botanicals, amino acids, and substances such as enzymes, organ tissues, glandulars, and metabolites.
“Employee" means any person who works for a CBRF or for an entity that is affiliated with the CBRF or that is under contract to the CBRF, who is under direct control of the CBRF or corporation affiliated with the CBRF and who receives compensation subject to state and federal employee withholding taxes.
“Habitable floor" means any floor level used by residents or other occupants of the CBRF, for sleeping, living, cooking or dining, including a basement.
“Habitable room" means any room used for sleeping, living, cooking or dining, excluding enclosed places such as closets, pantries, hallways, laundries, storage spaces, utility rooms and administrative offices.
“Horizontal evacuation" means egress travel from one building to an area in another building on approximately the same level, or egress travel through or around a wall or partition which affords safety from fire and smoke to an area on approximately the same level in the same building.
“Intermediate level nursing care" means care that is required by a person who has a long-term illness or disability who has reached a relatively stable condition.
“Involuntary administration of psychotropic medication" means any one of the following:
Placing psychotropic medication in an individual's food or drink with knowledge that the individual protests receipt of the psychotropic medication.
Forcibly restraining an individual to enable administration of psychotropic medication.
Requiring an individual to take psychotropic medication as a condition of receiving privileges or benefits.
“Legal representative" means a person who is any of the following:
The health care agent under an activated power of attorney for health care under ch. 155, Stats.
“Medication administration" means the direct injection, ingestion or other application of a prescription or over-the-counter drug or device to a resident by a practitioner, the practitioner's authorized agent, CBRF employees or the resident, at the direction of the practitioner. Medication administration does not include reminders to take medication.
“New construction" means construction for the first time of any building or addition to an existing building on or after the effective date of this chapter.
“NFPA" means the National Fire Protection Association.
“Non-ambulatory" means a person who is unable to walk, but who may be mobile with the help of a wheelchair or other mobility devices.
“Nursing care" means nursing procedures, other than personal care, that a registered nurse or a licensed practical nurse performs directly on or to a resident.
“Other occupant" means any person who lives and sleeps in the CBRF, but who is not a resident of the CBRF.
“Personal care" means assistance with activities of daily living, but does not include nursing care.
“Pharmacist" means an individual licensed under ch. 450, Stats.
“Physical restraint" means any manual method, article, device, or garment interfering with the free movement of the resident or the normal functioning of a portion of the resident's body or normal access to a portion of the resident's body, and which the resident is unable to remove easily, or confinement of a resident in a locked room.
“Practitioner" means a person licensed in Wisconsin to prescribe and administer drugs or licensed in another state and recognized by this state as a person authorized to prescribe and administer drugs.
“Psychotropic medication" means a prescription drug, as given in s. 450.01 (20)
, Stats., that is used to treat or manage a psychiatric symptom or challenging behavior.
“Qualified resident care staff" means an employee who has successfully completed all of the applicable training and orientation under subch. IV
“Relative" means a spouse, parent, stepparent, child, stepchild, sibling, grandchild, grandparent, aunt, uncle, niece, or nephew.
“Remodeling" means to make over or rebuild a portion of a building, structure or room, thereby modifying its structural strength, fire hazard character, exiting, heating and ventilating systems, electrical system, fire alarm, and fire protection systems, call system, internal circulation or use as previously approved by the department. Construction of interior walls shall be considered remodeling. Remodeling does not include minor repairs necessary for the maintenance of a building such as replacing like components of existing systems, redecorating existing walls or replacing floor finishes.
“Reside" means the intent to remain in the CBRF permanently or continuously for more than 28 consecutive days.
“Resident" means a person unrelated to the licensee or administrator who resides in the CBRF and who receives care, treatment or services in addition to room and board.
“Resident care staff" means the licensee and all employees who have one or more of the following responsibilities for residents: supervising a resident's activities or whereabouts, managing or administering a resident's medications, providing personal care or treatments for a resident, planning or conducting training or activity programming for a resident. Resident care staff does not include volunteers and employees who work exclusively in the food service, maintenance, laundry service, housekeeping, transportation, or security or clerical areas, and employees that do not work on the premises of the CBRF.
“Respite care" means a person's temporary placement in a CBRF for no more than 28 consecutive days for care, treatment or services as established by the primary care provider.
“Room" means a space that is completely enclosed by walls and a ceiling.
“Seclusion" means physical or social separation of a resident from others by actions of employees, but does not include separation to prevent the spread of communicable disease or voluntary cool-down periods in an unlocked room.
“Semi-ambulatory" means a person is able to walk with difficulty or only with the assistance of an aid such as crutches, cane or a walker.
“Significant change in a resident's physical or mental condition" means one or more of the following:
Decline in a resident's medical condition that results in further impairment of a long term nature.
A pronounced decline in communication or cognitive abilities.
Decline in behavior or mood to the point where relationships have become problematic.
“Standard precautions" means measures taken to reduce the risk of transmission of infection from contact with blood, body fluids or other moist body substances including all mucous membranes, non-intact skin, blood, all body fluids, secretions, and excretions except sweat, whether or not they contain visible blood.