Wisconsin Legislature: DHS 83.38(2)(c)

(b) Unit dose packaging. For use during unplanned or non-routine events or activities, employees who have completed medication administration training as required in s. DHS 83.20 (2) (d) may transfer unit doses of medications into packages for the resident.

(c) Administered by facility. The CBRF shall keep medicine cabinets locked and the key available only to personnel identified by the CBRF.

(d) Refrigeration. Medications stored in a common refrigerator shall be properly labeled and stored in a locked box.

(e) Proximity to chemicals. The CBRF may not store prescription and over-the-counter medications or dietary supplements next to chemicals or other contaminants.

(f) Internal and external application. The CBRF shall physically separate medications for internal consumption from medications for external application.

(g) Controlled substances. The CBRF shall provide separately locked and securely fastened boxes or drawers or permanently fixed compartments within the locked medications area for storage of schedule II drugs subject to 21 USC 812 (c), and Wisconsin’s uniform controlled substances act, ch. 961, Stats.

(4) Exemptions. Any CBRF that exclusively serves residents in the custody of a government correctional agency or who is alcohol or drug dependent is exempt from the requirements in sub. (2) (a) 2. These facilities may store medications in a central, secure area and employees may observe and record the self administration of medication as described in the resident’s individual service plan.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (1) (h) 1. Register December 2010 No. 660, eff. 1-1-11.

DHS 83.38 Program services.

(1) Services. As appropriate, the CBRF shall teach residents the necessary skills to achieve and maintain the resident’s highest level of functioning. In addition to the assessed needs as determined under s. DHS 83.35 (1), the CBRF shall provide or arrange services adequate to meet the needs of the residents in all of the following areas:

(a) Personal care. Personal care services shall be designed and provided to allow a resident to increase or maintain independence.

(b) Supervision. The CBRF shall provide supervision appropriate to the resident’s needs.

(c) Leisure time activities. The CBRF shall provide a daily activity program to meet the interests and capabilities of the residents. Employees shall encourage and promote resident participation in the activity program. The CBRF shall develop and post the activity schedule in an area available to residents.

(d) Community activities. The CBRF shall provide information and assistance to facilitate participation in personal and community activities. The CBRF shall develop, update and make available to all residents, monthly schedules and notices of community activities, including costs.

(e) Family and social contacts. The CBRF shall encourage and assist residents in maintaining family and social contacts.

(f) Communication skills. The CBRF shall provide services to meet the resident’s communication needs.

(g) Health monitoring.

1. The CBRF shall monitor the health of residents and make arrangements for physical health, oral health or mental health services unless otherwise arranged for by the resident. Each resident shall have an annual physical health examination completed by a physician or an advanced practice nurse as defined in s. N 8.02 (1), unless seen by a physician or an advanced practice nurse as defined in s. N 8.02 (1) more frequently.

2. When indicated, a CBRF shall observe residents’ food and fluid intake and acceptance of diet. The CBRF shall report significant deviations from normal food and fluid intake patterns to the resident’s physician or dietician.

3. The CBRF shall document communication with the resident’s physician and other health care providers, and shall record any changes in the resident’s health or mental health status in the resident’s record.

(h) Medication administration. The CBRF shall provide medication administration appropriate to the resident’s needs.

(i) Behavior management. The CBRF shall provide services to manage resident’s behaviors that may be harmful to themselves or others.

(j) Information and referral. The CBRF shall provide information and referral to appropriate community services.

(k) Transportation. The CBRF shall provide or arrange for transportation when needed for medical appointments, work, educational or training programs, religious services and for a reasonable number of community activities of interest. CBRFs that transport residents shall develop and implement written policies addressing the safe and secure transportation of residents.

(2) Terminally ill resident services.

(a) A CBRF may provide more than 3 hours of nursing care per week to a resident who has a terminal illness and who requires the care under the following conditions:

1. The resident’s primary care provider is a licensed hospice or licensed home health agency.

2. The resident’s primary care provider is not a licensed hospice or licensed home health agency, and the CBRF obtains a waiver from the department.

(b) When a resident who requires less than 3 hours of nursing care or the resident’s legal representative waives the services of a hospice program or home health agency, the CBRF shall develop and implement the written plan of care required under par. (c), which the resident’s primary physician shall review and approve.

(c) The primary care provider and the CBRF shall develop a written, coordinated plan of care before the initiation of palliative or supportive care.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (1) (g) 1. Register December 2010 No. 660, eff. 1-1-11.

DHS 83.39 Infection control program.

(1) The licensee shall establish and follow an infection control program based on current standards of practice to prevent the development and transmission of communicable disease and infection.

(2) The infection control program shall include written policies and training for employees.

(3) Employees shall follow hand washing procedures according to centers for disease control and prevention standards.

(4) Other occupants shall comply with infection control requirements as stated in s. DHS 83.17 (2).

(5) The CBRF shall ensure that pets are vaccinated against diseases, including rabies, if appropriate.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.40 Oxygen storage. Oxygen storage shall be in an area that is well ventilated and safe from environmental hazards, tampering, or the chance of accidental damage to the valve stem. If oxygen cylinders are in use, oxygen cylinders shall be secured in an upright position. If stored upright, cylinders must be secured. If stored horizontally, cylinders shall be on a level surface where they will remain stationary.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.41 Food service.

(1) General requirements.

(a) Food supply.

1. The CBRF shall maintain a food supply that is adequate to meet the needs of the residents.

2. Food shall be obtained from acceptable sources.

(b) Equipment. The CBRF shall store equipment and utensils in a clean manner and shall maintain all utensils and equipment in good repair.

1. Whether washed by hand or mechanical means, all equipment and utensils shall be cleaned using separate steps for pre-washing, washing, rinsing and sanitizing. Residential dishwashers may be used in kitchens serving 20 or fewer residents. Kitchens serving 21 or more residents shall have a commercial type dishwasher for washing and sanitizing equipment and utensils in accordance with standard practices described in the Wisconsin food code.

2. A 3-compartment sink for washing, rinsing and sanitizing utensils, with drain boards at each end is required for all large facilities with a central kitchen. Washing, rinsing and sanitizing procedures shall be in accordance with standard practices described in the Wisconsin food code. In addition, a single compartment sink or overhead spray wash located adjacent to the soiled drain board is required for pre-washing.

(2) Nutrition.

(a) Diets.

1. The CBRF shall provide each resident with palatable food that meets the recommended dietary allowance based on current dietary guidelines for Americans and any special dietary needs of each resident.

2. The CBRF shall provide a therapeutic diet as ordered by a resident’s physician.

Note: To obtain information on the Dietary Guidelines for Americans, see www.usda.gov/cnpp.

(b) Meals.

1. The CBRF shall provide meals that are routinely served family or restaurant style, unless contraindicated in a resident’s individual service plan or for short-term medical needs.

2. The CBRF shall provide at least 3 meals a day, unless otherwise arranged according to the program statement or the resident’s individual service plan. A nutritious snack shall be offered in the evening or more often as consistent with the resident’s dietary needs.

3. If a resident is away from the CBRF during the time a meal is served, the CBRF shall offer food to the resident on the resident’s return.

1. The CBRF shall make reasonable adjustments to the menu for individual resident’s food likes, habits, customs, conditions and appetites.

2. The CBRF shall prepare weekly written menus and shall make menus available to residents. Deviations from the planned menu shall be documented on the menu.

(3) Sanitation and safety.

(a) Infection control.

1. Each employee who prepares or serves food shall be free from open, infected wounds and from communicable disease and shall maintain clean and safe work habits.

2. The CBRF shall provide hand-washing facilities in the kitchen for use by food handlers. Use of a common towel is prohibited.

(b) Food safety. Whether food is prepared at the CBRF or off-site, the CBRF shall store, prepare, distribute and serve food under sanitary conditions for the prevention of food borne illnesses, including food prepared off-site, according to all of the following:

1. The CBRF shall refrigerate all foods requiring refrigeration at or below 40°F. Food shall be covered and stored in a sanitary manner.

2. The CBRF shall maintain freezing units at 0°F or below. Frozen foods shall be packaged, labeled and dated.

3. The CBRF shall hold hot foods at 140°F or above and shall hold cold foods at 40°F or below until serving.

(c) Reporting. The CBRF is required under s. DHS 145.04 to report suspected incidents of food borne disease to the local public health officer.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction to (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 83.42 Resident records.

(1) The CBRF shall maintain a record for each resident at the CBRF. Each record shall include all of the following:

(a) Resident’s full name, sex, date of birth, admission date and last known address.

(b) Name, address and telephone number of designated contact person, and legal representative, if any.

(d) Current personal physician, if any.

(e) Results of the initial health screening under s. DHS 83.28 (4) and subsequent health examinations under s. DHS 83.38 (1) (g).

(f) Admission agreement.

(g) Documentation of significant incidents and illnesses, including the dates, times and circumstances.

(h) Assessments completed as required under s. DHS 83.35 (1).

(i) Individual service plan and resident satisfaction evaluation.

(j) Documentation to accurately describe the resident’s condition, significant changes in condition, changes in treatment and response to treatment.

(k) Results of the annual resident evacuation evaluation.

(L) Documentation of sensory impairment of the resident as required under s. DHS 83.48 (7) (b).

(m) Summary of discharge information as required under s. DHS 83.31 (7).

(n) Any department-approved resident-specific waiver, variance or approval.

(o) Physician’s orders or other authorized practitioner’s written orders for nursing care, medications, rehabilitation services and therapeutic diets.

(p) Current list of the type and dosage of medications or supplements.