Chapter DHS 94

DHS 94.09 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. (1) to (8) to be (2) to (9) and am. (4); cr. (1), (3) (c), (6) (d), Register, June, 1996, No. 486, eff. 7-1-96; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.10 DHS 94.10 Isolation, seclusion and physical restraints. 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.

DHS 94.10 Note Note: The use of isolation, seclusion or physical restraint may be further limited or prohibited by licensing or certification standards for that service provider.

DHS 94.10 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. and recr. Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.11 DHS 94.11 Electroconvulsive therapy.

DHS 94.11(1) (1) No patient may be administered electroconvulsive therapy except as specified under s. 51.61 (1) (k), Stats., and this section.

DHS 94.11(2) (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.

DHS 94.11(3) (3) A treatment facility shall notify the program director prior to the planned use of electroconvulsive therapy on a county department patient.

DHS 94.11(4) (4) Electroconvulsive therapy may only be administered under the direct supervision of a physician.

DHS 94.11(5) (5) A service provider performing electroconvulsive therapy shall develop and implement written policies and procedures for obtaining and monitoring informed consent.

DHS 94.11 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; cr. (5), Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.12 DHS 94.12 Drastic treatment procedures.

DHS 94.12(1) (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.

DHS 94.12(2) (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.

DHS 94.12(3) (3) The treatment facility shall notify the program director prior to the planned use of drastic treatment procedures on county department patients.

DHS 94.12(4) (4) Each county department shall report monthly to the department the type and number of drastic treatment procedures used on county department patients.

DHS 94.12 Note Note: 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.

DHS 94.12 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.13 DHS 94.13 Research and human rights committee.

DHS 94.13(1) (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.

DHS 94.13(2) (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.

DHS 94.13(3) (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.

DHS 94.13 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.14 DHS 94.14 Research.

DHS 94.14(1) (1) All proposed research involving patients shall meet the requirements of s. 51.61 (1) (j), Stats., 45 CFR 46, and this section.

DHS 94.14(2) (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:

DHS 94.14(2)(a) (a) Protect the privacy of the patient;

DHS 94.14(2)(b) (b) Protect the confidentiality of treatment records in accordance with s. 51.30, Stats., and ch. DHS 92;

DHS 94.14(2)(c) (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

DHS 94.14(2)(d) (d) Ensure that the conditions of this section and other requirements under this chapter are met.

DHS 94.14 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.15 DHS 94.15 Labor performed by patients.

DHS 94.15(1) (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.

DHS 94.15(2) (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.

DHS 94.15(3) (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.

DHS 94.15(4) (4) Documentation shall be made in the treatment record of any compensated, uncompensated, voluntary or involuntary labor performed by any patient.

DHS 94.15(5) (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.

DHS 94.15 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (2), (3), Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.16 DHS 94.16 Religious worship.

DHS 94.16(1) (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.

DHS 94.16(2) (2) The director of each treatment facility serving inpatients shall seek clergy to be available to meet the religious needs of the inpatients.

DHS 94.16(3) (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.

DHS 94.16(4) (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.

DHS 94.16(5) (5) A patient whose disruptive behavior interferes with other patients’ right to worship shall be removed from worship services.

DHS 94.16 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.17 DHS 94.17 Confidentiality of records. 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.

DHS 94.17 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.18 DHS 94.18 Filming and taping.

DHS 94.18(1) (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.

DHS 94.18(2) (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.

DHS 94.18(3) (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.

DHS 94.18 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.19 DHS 94.19 Mail.

DHS 94.19(1) (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.

DHS 94.19(2) (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.

DHS 94.19(3) (3) Mail shall be delivered to inpatients promptly by the facility’s normal distribution procedures.

DHS 94.19(4) (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.

DHS 94.19 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576.

DHS 94.20 DHS 94.20 Telephone calls.

DHS 94.20(1) (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.

DHS 94.20(2) (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.

DHS 94.20(3) (3) 

DHS 94.20(3)(a) (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.

DHS 94.20(3)(b) (b) This subsection does not prohibit a facility under s. 980.065, Stats., from recording patients’ personal telephone calls or monitoring the resulting recordings.

DHS 94.20(4) (4) Inpatients who have been determined indigent under a facility’s operating policies shall be permitted to make telephone calls under sub. (2), and at least one private, personal call per day free of charge.

DHS 94.20(5) (5) Treatment facilities shall provide the number of regular or pay telephones necessary to meet requirements of this section, subject to restrictions imposed by local telephone companies regarding installation of pay telephones.

DHS 94.20 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1), (3), (4), Register, June, 1996, eff 7-1-96; CR 00-151: am. (3) Register January 2002 No. 553, eff. 2-1-02.

DHS 94.21 DHS 94.21 Visitors.

DHS 94.21(1) (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.

DHS 94.21(2) (2) Adequate and reasonably private space shall be provided to accommodate visitors so that severe time limits need not be set on a visit.

DHS 94.21(3) (3) Every visitor who arrives during normal visiting hours shall be permitted to see the patient unless the patient refuses to see the visitor.

DHS 94.21(4) (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.

DHS 94.21(5) (5) Visits may not be limited to less than one hour, except under documented special circumstances.

DHS 94.21 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.22 DHS 94.22 Voting.

DHS 94.22(1) (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:

DHS 94.22(1)(a) (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;

DHS 94.22(1)(b) (b) Making arrangements with state and local election officials to register voters and to enable interested inpatients to cast ballots at the facility; and

DHS 94.22(1)(c) (c) With a patient’s consent, assisting election officials in determining the patient’s place of residence for voting purposes.

DHS 94.22(2) (2) A treatment facility director may not prohibit an inpatient from receiving campaign literature or placing political advertisements in his or her personal quarters and shall permit candidates to campaign during reasonably regulated times at designated locations on facility property.

DHS 94.22 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.23 DHS 94.23 Discharge of voluntary patients.

DHS 94.23(1) (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.

DHS 94.23(2) (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:

DHS 94.23(2)(a) (a) Counsel the patient and, when possible, assist the patient in locating living quarters;

DHS 94.23(2)(b) (b) Inform the applicable program director, if any, of the patient’s need for residential and other necessary transitional services; and

DHS 94.23(2)(c) (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.

DHS 94.23 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.24 DHS 94.24 Humane psychological and physical environment.