This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
DHS 83.34(5)(a)2. 2. Accept or borrow money from a resident or prospective resident.
DHS 83.34(5)(a)3. 3. Be appointed as power of attorney for any resident unless related to the resident by blood or adoption.
DHS 83.34(5)(a)4. 4. Accept gifts from a resident except for gifts of nominal value.
DHS 83.34(5)(b) (b) No CBRF, nor any employee on behalf of the CBRF, may accept donations from any resident, except those made by a competent resident or made with the knowledge of the resident's legal representative acting within the scope of their authority and only for the benefit of the CBRF. No employee may accept personal gifts, including monetary gifts, from a resident.
DHS 83.34(6) (6)Security deposit.
DHS 83.34(6)(a)(a) If a CBRF collects a security deposit, the funds shall be deposited in an interest-bearing account insured by an agency of, or a corporation chartered by, this state or the United States.
DHS 83.34(6)(b) (b) The amount of the security deposit shall not exceed one month's fees for services.
DHS 83.34(6)(c) (c) The CBRF shall keep the security deposit account separate from other funds of the CBRF.
DHS 83.34(6)(d) (d) Within 30 days after the resident's discharge, the security deposit and any interest earned shall be paid to the person who made the security deposit. Interest paid shall be the actual interest earned.
DHS 83.34(7) (7)Transfer of financial responsibility. When a change of ownership of the CBRF occurs, the transferor shall:
DHS 83.34(7)(a) (a) Notify the transferee in writing of any financial relationships between the transferor and residents.
DHS 83.34(7)(b) (b) Notify each resident or legal representative in writing where any financial relationship exists between the transferor and residents of the pending transfer.
DHS 83.34(8) (8)Audit. A CBRF handling residents' funds under this section is subject to an accounting audit as ordered by the department. The accounting audit shall be completed by a certified public accountant paid for by the CBRF.
DHS 83.34 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
subch. VII of ch. DHS 83 Subchapter VII — Resident Care and Services
DHS 83.35 DHS 83.35Assessment, individual service plan and evaluations.
DHS 83.35(1)(1)Assessment.
DHS 83.35(1)(a)(a) Scope. The CBRF shall assess each resident's needs, abilities, and physical and mental condition before admitting the person to the CBRF, when there is a change in needs, abilities or condition, and at least annually. The assessment shall include all areas listed under par. (c). This requirement includes individuals receiving respite care in the CBRF. For emergency admissions the CBRF shall conduct the assessment within 5 days after admission.
DHS 83.35(1)(b) (b) Information gathering. The CBRF shall base the assessment on the current diagnostic, medical and social history obtained from the person's health care providers, case manager and other service providers. Other service providers may include a psychiatrist, psychologist, licensed therapist, counselor, occupational therapist, physical therapist, pharmacist or registered nurse. The administrator or designee shall hold a face-to-face interview with the person and the person's legal representative, if any, and family members, as appropriate, to determine what the person views as his or her needs, abilities, interests, and expectations.
DHS 83.35(1)(c) (c) Areas of assessment. The assessment, at a minimum, shall include all of the following areas applicable to the resident:
DHS 83.35(1)(c)1. 1. Physical health, including identification of chronic, short-term and recurring illnesses, oral health, physical disabilities, mobility status and the need for any restorative or rehabilitative care.
DHS 83.35(1)(c)2. 2. Medications the resident takes and the resident's ability to control and self-administer medications.
DHS 83.35(1)(c)3. 3. Presence and intensity of pain.
DHS 83.35(1)(c)4. 4. Nursing procedures the resident needs and the number of hours per week of nursing care the resident needs.
DHS 83.35(1)(c)5. 5. Mental and emotional health, including the resident's self-concept, motivation and attitudes, symptoms of mental illness and participation in treatment and programming.
DHS 83.35(1)(c)6. 6. Behavior patterns that are or may be harmful to the resident or other persons, including destruction of property.
DHS 83.35(1)(c)7. 7. Risks, including, choking, falling, and elopement.
DHS 83.35(1)(c)8. 8. Capacity for self-care, including the need for any personal care services, adaptive equipment or training.
DHS 83.35(1)(c)9. 9. Capacity for self-direction, including the ability to make decisions, to act independently and to make wants or needs known.
DHS 83.35(1)(c)10. 10. Social participation, including interpersonal relationships, communication skills, leisure time activities, family and community contacts and vocational needs.
DHS 83.35(1)(d) (d) Assessment documentation. The CBRF shall prepare a written report of the results of the assessment and shall retain the assessment in the resident's record.
DHS 83.35(2) (2)Temporary service plan. Upon admission, the CBRF shall prepare and implement a written temporary service plan to meet the immediate needs of the resident, including persons admitted for respite care, until the individual service plan under sub. (3) is developed and implemented.
DHS 83.35(3) (3)Comprehensive individual service plan.
DHS 83.35(3)(a)(a) Scope. Within 30 days after admission and based on the assessment under sub. (1), the CBRF shall develop a comprehensive individual service plan for each resident. The individual service plan shall include all of the following:
DHS 83.35(3)(a)1. 1. Identify the resident's needs and desired outcomes.
DHS 83.35(3)(a)2. 2. Identify the program services, frequency and approaches under s. DHS 83.38 (1) the CBRF will provide.
DHS 83.35(3)(a)3. 3. Establish measurable goals with specific time limits for attainment.
DHS 83.35(3)(a)4. 4. Specify methods for delivering needed care and who is responsible for delivering the care.
DHS 83.35(3)(b) (b) Development. The CBRF shall involve the resident and the resident's legal representative, as appropriate, in developing the individual service plan and the resident or the resident's legal representative shall sign the plan acknowledging their involvement in, understanding of and agreement with the plan. If a resident has a medical prognosis of terminal illness, a hospice program or home health care agency, as identified in s. DHS 83.38 (2) shall, in cooperation with the CBRF, coordinate the development of the individual service plan and its approval under s. DHS 83.38 (2) (b). The resident's case manager, if any, and any health care providers, shall be invited to participate in the development of the service plan.
DHS 83.35(3)(c) (c) Implementation. The CBRF shall implement and follow the individual service plan as written.
DHS 83.35(3)(d) (d) Individual service plan review. Annually or when there is a change in a resident's needs, abilities or physical or mental condition, the individual service plan shall be reviewed and revised based on the assessment under sub. (1). All reviews of the individual service plan shall include input from the resident or legal representative, case manager, resident care staff, and other service providers as appropriate. The resident or resident's legal representative shall sign the individual service plan, acknowledging their involvement in, understanding of and agreement with the individual service plan.
DHS 83.35(3)(e) (e) Documentation of review. The CBRF shall document any changes made as a result of the comprehensive individual service plan review.
DHS 83.35(3)(f) (f) Availability. All employees who provide resident care and services shall have continual access to the resident's assessment and individual service plan.
DHS 83.35(4) (4)Satisfaction evaluation. At least annually, the CBRF shall provide the resident and the resident's legal representative the opportunity to complete an evaluation of the resident's level of satisfaction with the CBRF's services. The evaluation shall be completed on either a department form or a form developed by the CBRF and approved by the department.
DHS 83.35 Note Note: The CBRF Resident Satisfaction Evaluation form, F62372, can be found at or by contacting the Division of Quality Assurance Regional Office listed in Appendix A.
DHS 83.35(5) (5)Evaluation of resident evacuation limitations.
DHS 83.35(5)(a)(a) Initial evaluation. The CBRF shall evaluate each resident within 3 days of the resident's admission to determine whether the resident is able to evacuate the CBRF within 2 minutes in an unsprinklered CBRF and 4 minutes in a sprinklered CBRF without any help or verbal or physical prompting, and what type of limitations that resident may have that prevent the resident from evacuating the CBRF within the applicable period of time. A form provided by the department shall be used for the evaluation. The resident's evaluation shall be retained in the resident's record.
DHS 83.35 Note Note: The Resident Evacuation Assessment form, F62373, can be found at or by contacting the Division of Quality Assurance Regional Office listed in Appendix A.
DHS 83.35(5)(b) (b) Evaluation update. The CBRF shall evaluate each resident's mental or physical capability to respond to a fire alarm at least annually or when there is a change in the resident's mental or physical capability to respond to a fire alarm.
DHS 83.35(5)(c) (c) Notice to employees. The CBRF shall notify each employee who works on the premises of the CBRF of each resident who needs more than 2 minutes to evacuate the CBRF and the type of assistance the resident needs to be evacuated.
DHS 83.35 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (1) (a) Register December 2010 No. 660, eff. 1-1-11.
DHS 83.36 DHS 83.36Staffing requirements.
DHS 83.36(1) (1)Adequate staffing.
DHS 83.36(1)(a)(a) The CBRF shall provide employees in sufficient numbers on a 24-hour basis to meet the needs of the residents.
DHS 83.36(1)(b) (b) The CBRF shall ensure all of the following:
DHS 83.36(1)(b)1. 1. An administrator or other designated qualified resident care staff in charge is on the premises of the CBRF daily to ensure the CBRF is providing safe and adequate care, treatment and services.
DHS 83.36(1)(b)2. 2. At least one qualified resident care staff is present in the CBRF when one or more residents are present in the CBRF.
DHS 83.36(1)(b)3. 3. At least one qualified resident care staff is on duty and awake if at least one resident in the CBRF is in need of supervision, intervention or services on a 24-hour basis to prevent, control or improve the resident's constant or intermittent mental or physical condition that may occur or may become critical at any time including residents who are at risk of elopement, who have dementia, who are self-abusive, who become agitated or emotionally upset or who have changing or unstable health conditions that require close monitoring.
DHS 83.36(1)(b)4. 4. At least one qualified resident care staff is on duty and awake if the evacuation capability of at least one resident is 4 minutes or more.
DHS 83.36(1)(c) (c) When all of the residents are away from the CBRF, at least one qualified resident care staff shall be on call to provide coverage if a resident needs to return to the CBRF before the regularly scheduled return time. The CBRF shall provide each resident or the off-site location a means of contacting the resident care staff who is on call.
DHS 83.36(2) (2)Staffing schedule. The CBRF shall maintain a current written schedule for staffing the CBRF. The schedule shall include each employee's full name, job assignment and time worked.
DHS 83.36 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.37 DHS 83.37Medications.
DHS 83.37(1) (1)General requirements.
DHS 83.37(1)(a)(a) Practitioner's order. There shall be a written practitioner's order in the resident's record for any prescription medication, over-the-counter medication or dietary supplements administered to a resident.
DHS 83.37(1)(b) (b) Medications. Prescription medications shall come from a licensed pharmacy or a physician and shall have a label permanently attached to the outside of the container. Over-the-counter medications maintained in the manufacturer's container shall be labeled with the resident's name. Over-the-counter medications not maintained in the manufacturer's container shall be labeled by a pharmacist.
DHS 83.37(1)(c) (c) Packaging. The CBRF shall develop and implement a policy that identifies the medication packaging system used by the CBRF. Any pharmacy selected by the resident whose medications are administered by CBRF employees shall meet the medication packaging system chosen by the CBRF. This does not apply to residents who self administer medications.
DHS 83.37(1)(d) (d) Documentation. As required in s. DHS 83.42 (1) (m), when a resident is taking prescription or over-the-counter medications or dietary supplements, the resident's record shall include a current list of the type and dosage of medications or supplements, directions for use, and any change in the resident's condition.
DHS 83.37(1)(e) (e) Medication Regimen Review.
DHS 83.37(1)(e)1.1. If residents' medications are administered by a CBRF employee, the CBRF shall arrange for a pharmacist or a physician to review each resident's medication regimen. This review shall occur within 30 days before or 30 days after the resident's admission, whenever there is a significant change in medication, and at least every 12 months.
DHS 83.37(1)(e)2. 2. At least annually, the CBRF shall have a physician, pharmacist, or registered nurse conduct an on-site review of the CBRF's medication administration and medication storage systems.
DHS 83.37(1)(e)3. 3. The CBRF shall obtain a written report of findings under subds. 1. and 2., and address any irregularities for appropriate action. When the review is done by someone other than the prescribing practitioner, the prescribing practitioner shall receive a copy of the report when there are irregularities identified with the resident's medication regimen, which may need physician involvement to address.
DHS 83.37(1)(f) (f) More than one practitioner.
DHS 83.37(1)(f)1.1. When an employee of the CBRF administers a resident's medication, the CBRF shall provide a list of the resident's current medications to all practitioners. If this information is not provided before a prescription is written, the CBRF shall update the resident's primary practitioner or pharmacist before the administration of any new medication.
DHS 83.37(1)(f)2. 2. When a resident self administers medications, the CBRF shall provide a list of the resident's current medications for the resident to provide to all practitioners.
DHS 83.37(1)(g) (g) Disposition of medications.
DHS 83.37(1)(g)1.1. When a resident is discharged, the resident's medications shall be sent with the resident.
DHS 83.37(1)(g)2. 2. If a resident's medication has been changed or discontinued, the CBRF may retain a resident's medication for no more than 30 days unless an order by a physician or a request by a pharmacist is written every 30 days to retain the medication.
DHS 83.37(1)(g)3. 3. The CBRF shall develop and implement a policy for disposing unused, discontinued, outdated, or recalled medications in compliance with federal, state and local standards or laws. The CBRF shall arrange for the stored medications to be destroyed in compliance with standard practices. Medications that cannot be returned to the pharmacy shall be separated from other medication in current use in the facility and stored in a locked area, with access limited to the administrator or designee. The administrator or designee and one other employee shall witness, sign, and date the record of destruction. The record shall include the medication name, strength and amount.
DHS 83.37(1)(h) (h) Scheduled psychotropic medications. When a psychotropic medication is prescribed for a resident, the CBRF shall do all of the following:
DHS 83.37(1)(h)1. 1. Ensure the resident is reassessed by a pharmacist, practitioner or registered nurse, as needed, but at least quarterly for the desired responses and possible side effects of the medication. The results of the assessments shall be documented in the resident's record as required under s. DHS 83.42 (1) (q).
DHS 83.37(1)(h)2. 2. Ensure all resident care staff understands the potential benefits and side effects of the medication.
DHS 83.37(1)(i) (i) As needed (PRN) psychotropic medication. When a psychotropic medication is prescribed on an as needed basis for a resident, the CBRF shall do all of the following:
DHS 83.37(1)(i)1. 1. The resident's individual service plan shall include the rationale for use and a detailed description of the behaviors which indicate the need for administration of PRN psychotropic medication.
DHS 83.37(1)(i)2. 2. The administrator or qualified designee shall monitor at least monthly for the inappropriate use of PRN psychotropic medication, including but not limited to, use contrary to the individual service plan, presence of significant adverse side effects, use for discipline or staff convenience, or contrary to the intended use.
DHS 83.37(1)(i)3. 3. Documentation in the resident's record shall include the rationale for use, description of behaviors requiring the PRN psychotropic medication, the effectiveness of the medication, the presence of any side effects, and monitoring for inappropriate use for each PRN psychotropic medication given.
DHS 83.37(1)(j) (j) Proof-of-use record. The CBRF shall maintain a proof-of-use record for schedule II drugs, subject to 21 USC 812 (c), and Wisconsin's uniform controlled substances act, ch. 961, Stats., that contains the date and time administered, the resident's name, the practitioner's name, dose, signature of the person administering the dose, and the remaining balance of the drug. The administrator or designee shall audit, sign and date the proof-of-use records on a daily basis.
DHS 83.37(1)(k) (k) Medication error or adverse reaction.
DHS 83.37(1)(k)1.1. The CBRF shall document in the resident's record any error in the administration of prescription or over-the-counter medication, known adverse drug reaction or resident refusal to take medication.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.