Provide adequate facilities, personnel, and equipment and support services for the care of high-risk infants, including premature infants, or a plan for transfer of these infants to a neonatal or pediatric intensive care unit.
Establish and implement written policies and procedures for inter-hospital transfer of perinatal and neonatal patients.
Establish and implement written policies for the transfer of infants from one hospital to another hospital.
Have available personnel and equipment to transfer infants to another hospital. The execution of transfer is a joint responsibility
of the sending and receiving hospitals.
Hospitals with maternity units shall do all of the following:
If cesarean deliveries are not performed in the maternity unit, equipment for neonatal stabilization and resuscitation shall be available during delivery
Delivery rooms shall be used only for delivery and operating procedures related to deliveries unless permitted by a written safety risk assessment that facilitates safe delivery of care.
Tests for congenital disorders.
The hospital shall establish and implement written policies that address the screening and testing of newborns for congenital and metabolic disorders consistent with s. 253.13
, Stats., and ch. DHS 115
The hospital shall establish and implement written policies that address infant identification and security
An infant may
be discharged onl
to a parent who has lawful custod
of the infant or to an individual who is legall
authorized to receive the infant. If the infant is discharged to a legall
authorized individual, that individual shall provide identification and, if applicable, the identification of the agency the individual represents. The hospital shall record the identity
of the legall
authorized individual to whom the infant is discharged.
sician or a nurse-midwife may
order the administration of a labor-inducing medication.
sician or a nurse-midwife or a registered nurse who has adequate training and experience may administer a labor-inducing medication.
A registered nurse shall be present when administration of a labor-inducing medication is initiated and shall remain immediately
available to monitor maternal and fetal well-being. Hospitals shall develop and implement policies allowing the registered nurse to discontinue the labor-inducing medication if circumstances warrant discontinuation and no standing orders by a physician or a nurse-midwife are in place authorizing their discontinuation.
A registered nurse shall closely
monitor and document the administration of a labor-inducing medication. Monitoring shall include monitoring of the fetus and monitoring of uterine contraction during administration of a labor-inducing medication.
sician or nurse-midwife, who prescribed the labor-inducing medication, or another phy
sician or nurse-midwife, shall be readil
available during its administration so that, if needed, he or she will arrive at the patient's bedside within 30 minutes after being notified.
A separate room apart from the newborn nursery shall be provided when circumcisions are performed according to religious rites. A phy
sician's assistant or registered nurse shall be present during the performance of the religious rite. Aseptic techniques shall be used when an infant is circumcised.
DHS 124.07 History
Cr. Register, January, 1988, No. 385
, eff. 2-1-88; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; renum. (1) (b) to (d) under s. 13.92 (4) (b) 1., Stats., Register June 2020.
In this section, “victim" means a female who alleges or for whom it is alleged that she suffered sexual assault and who, as a result of the sexual assault, presents as a patient at a hospital that provides emergency services.
The department may directly assess a forfeiture for each violation of a requirement under s. 50.375 (2)
, Stats., for care of a victim by a hospital that provides emergency services. The department may assess the forfeitures as follows:
DHS 124.08 Note
Section 50.375 (2)
, Stats., requires a hospital that provides emergency services to a victim to 1) provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception and its use and efficacy; 2) orally inform the victim of
her option to receive emergency contraception at the hospital,
her option to report the sexual assault to a law enforcement agency,
and any available options for her to receive an examination to gather evidence regarding the sexual assault; and 3) except as specified in s. 50.375 (4)
, Stats., immediately provide to the victim upon her request emergency contraception, in accordance with instructions approved by the federal food and drug administration. If the medication is taken in more than one dosage, the hospital shall provide all subsequent dosages to the victim for later self administration.
DHS 124.08 Note
Section 50.375 (3)
, Stats., requires a hospital that provides emergency care to ensure that each hospital employee who provides care to a victim has available medically and factually accurate and unbiased information about emergency contraception.
If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (4)
pursuant to s. 50.377 (3)
Pursuant to s. 50.377 (4)
, Stats., all forfeitures shall be paid to the department within 10 days after receipt of a notice of assessment or, if the forfeiture is contested under sub. (5)
, within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order.
Pursuant to s. 50.377 (3)
, Stats., a hospital may contest an assessment of a forfeiture by the department under sub. (2)
by sending, within 10 days after receipt of notice under sub. (3)
, a written request for a hearing under s. 227.44
, Stats., to the division of hearings and appeals. The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46
, Stats. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing.
DHS 124.08 History
History: CR 19-135: renum. from DHS 124.24 (3) Register June 2020 No. 774, eff. 7-1-20; correction in (1), (3) to (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774. DHS 124.09
Freestanding emergency departments. DHS 124.09(1)(1)
In this subchapter, “freestanding emergency department” means a dedicated location that is physically separate from a hospital campus that offers inpatient overnight care, with services and staff organized primarily for the purpose of delivering emergency medical services without requiring a previously scheduled appointment.
A freestanding emergency department must comply with subs. (3)
, and (5)
and have provider-based status under 42 CFR 413.65
as a department of a hospital that offers inpatient overnight care.
A freestanding emergency department shall be under the direction of the emergency services department of a Wisconsin licensed hospital.
A freestanding emergency department shall provide emergency services 24 hours a day, 7 days a week, 365 days a year, on an outpatient basis.
A freestanding emergency department shall be identifiable to a patient.
The exterior entrance of a freestanding emergency department shall be at grade level, well-marked, and illuminated, with a covered ambulance bay.
The freestanding emergency department equipment shall be readily available, serviced, maintained and adequate to provide comprehensive emergency care.
There shall be sufficient qualified medical, nursing, and ancillary personnel available to the freestanding emergency departments at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, freestanding emergency departments shall have on-site the following minimum staffing, equipment and services necessary to evaluate and treat patients:
One physician, who through education, training, and experience specializes in emergency medicine.
One registered nurse, who through education, training, and experience specializes in emergency nursing.
A person authorized to perform radiological services pursuant to ch. 462
, Stats., shall be available at the freestanding emergency department, as follows:
Radiologist interpretation of CT scans and ultrasounds shall be available within one hour.
The freestanding emergency department shall develop and implement a written policy for timely interpretation of plain film studies.
Services available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the location.
The freestanding emergency department shall provide pharmacy and respiratory services appropriate for the care of emergency medical cases anticipated by the location.
Services and supplies available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the freestanding emergency department.
Written policies regarding the availability and utilization of social services shall be established.
A freestanding emergency department shall:
Establish written policies and procedures governing ambulance delivery of patients that are consistent with the local emergency medical service system.
Communicate these policies to the local emergency medical services system to ensure appropriate routing of emergency cases by emergency medical technicians.
Establish written policies regarding patient transfers to other medical facilities. The policies shall address transfers by ambulance and, if the freestanding emergency department determines it is appropriate for that location, by helicopter.
DHS 124.09 History
Cr. Register, January, 1988, No. 385
, eff. 2-1-88; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (1), (2) (c), (3) (a), (4) (b) (intro.), 2., 3. made under s. 35.17, Stats., Register June 2020 No. 774.
In this subchapter:
Alteration” has the meaning provided in the International Building Code Sec. 202 as adopted in s. SPS 361.05
is in place or
being constructed with
plans approved by
department prior to the effective date of this chapter
Life Safety Code” means the National Fire Protection Association's (NFPA) Standard 101.
means construction for
the first time of
any building or
an existing building, the plans for which are approved on or after July 1, 2020.
DHS 124.275 Note
The International Building Code is located at www.iccsafe.org
DHS 124.275 Note
Note: Copies of the Life Safety Code and related codes can be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, USA 02169-7471.
DHS 124.275 History
History: renum. (intro.), (1), (2), (5) from DHS 124.29 (1) (intro.), (a) to (c), renum. (3), (4) from DHS 124.30 (1) (a), (b) under s. 13.92 (4) (b) 1., Stats, Register June 2020 No. 774; correction in (4) made under s. 13.92 (4) (b) 14., Stats., and correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774. DHS 124.29
Plans for new construction and alterations. DHS 124.29(2)(2)
Signing and sealing.
Construction documents submitted to the department for review shall be prepared, signed and sealed in accordance with ch. 443
, Stats., and s. A-E 2.02
Construction documents submitted to the department for review shall be dimensioned and drawn to scale. The scale used for the construction documents shall be indicated on the documents. An application form shall be included with the construction documents and information submitted to the department for examination and approval.
Except as provided in subd. 2.
, at least 4 sets of construction documents shall be submitted to the department for review.
At least one set of construction specifications shall be submitted to the department for review.
One complete set of plans may be submitted, provided it is accompanied with 3 copies of the cover sheet for the complete set, and provided all 4 cover sheets comply with sub. (2)
Fees, as provided in s. DHS 124.31
, shall be remitted to the department at the time the plans are submitted. No plan examinations, approvals, or onsite reviews shall be made until fees are received.
The department shall review and make a determination under s. DHS 124.30 (3)
on an application for plan review under this chapter within 30 business days upon submission of the application.
An application for plan approval will not be granted if, upon examination, the department determines that the construction documents or application for approval require additional information.