This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB19,8,2524 DHS 129.03 (19) (c) An intermediate care facility for the mentally retarded
25individuals with intellectual disabilities.
SB19,28
1Section 28. DHS 129.07 (1) (a) 1. b. of the administrative code is amended to
2read:
SB19,9,53 DHS 129.07 (1) (a) 1. b. The needs of a client with Alzheimer's disease,
4dementia, mental illness, mental retardation intellectual disability, or other
5cognitive disabilities or impairments.
SB19,29 6Section 29. DHS 129.09 (6) (c) of the administrative code is amended to read:
SB19,9,147 DHS 129.09 (6) (c) Student nurses. A person currently enrolled as a student
8nurse who has completed a basic nursing course at a school approved by the
9Wisconsin Board of Nursing under s. 441.01 (4), Stats., is eligible to be employed as
10a nurse aide in a hospital, facility for the developmentally disabled, or
11federally-certified intermediate care facility for the mentally retarded individuals
12with intellectual disabilities
even if that person is not included on the registry and
13even if that person has not successfully completed a competency evaluation program
14under sub. (5) (c).
SB19,30 15Section 30. DHS 129.09 (7) of the administrative code is amended to read:
SB19,9,2216 DHS 129.09 (7) Employment prohibitions. A federally-certified nursing home
17may not hire or continue to employ a nurse aide who has a finding of abuse, neglect
18or misappropriation entered on the registry as a result of an incident that occurred
19in a federally-certified nursing home. A federally-certified intermediate care
20facility for the mentally retarded individuals with intellectual disabilities may not
21hire or continue to employ a nurse aide who has a finding of abuse, neglect or
22misappropriation entered on the registry.
SB19,31 23Section 31. DHS 132.13 (4) (intro.) of the administrative code is amended to
24read:
SB19,10,3
1DHS 132.13 (4) (intro.) “Developmental disability" means mental retardation
2intellectual disability or a related condition, such as cerebral palsy, epilepsy or
3autism, but excluding mental illness and infirmities of aging, which is:
SB19,32 4Section 32. DHS 132.51 (2) (d) 1. of the administrative code is amended to
5read:
SB19,10,106 DHS 132.51 (2) (d) 1. No person who has a developmental disability may be
7admitted to a facility unless the facility is certified as an intermediate care facility
8for the mentally retarded individuals with intellectual disabilities, except that a
9person who has a developmental disability and who requires skilled nursing care
10services may be admitted to a skilled nursing facility.
SB19,33 11Section 33. DHS 132.695 (2) (d) (intro.) of the administrative code is amended
12to read:
SB19,10,1713 DHS 132.695 (2) (d) (intro.) “QMRP QIDP" or “qualified mental retardation
14intellectual disabilities professional" means a person who has specialized training
15in mental retardation intellectual disabilities or at least one year of experience in
16treating or working with mentally retarded persons individuals with intellectual
17disabilities
and is one of the following:
SB19,34 18Section 34. DHS 132.695 (4) (c) 2. of the administrative code is amended to
19read:
SB19,10,2320 DHS 132.695 (4) (c) 2. Individual care plans shall be reassessed and updated
21at least quarterly by the interdisciplinary team, with more frequent updates if an
22individual's needs warrant it, and at least every 30 days by the QMRP QIDP to
23review goals.
SB19,35 24Section 35. DHS 134.13 (9) (intro.) of the administrative code is amended to
25read:
SB19,11,3
1DHS 134.13 (9) (intro.) “Developmental disability" means mental retardation
2intellectual disability or a related condition such as cerebral palsy, epilepsy or
3autism, but excluding mental illness and infirmities of aging, which is:
SB19,36 4Section 36. DHS 134.13 (39) of the administrative code is amended to read:
SB19,11,95 DHS 134.13 (39)QMRP QIDP" or “qualified mental retardation intellectual
6disabilities
professional" means a person who has specialized training in mental
7retardation
intellectual disabilities or at least one year of experience in treating or
8working with people with mental retardation intellectual disabilities or other
9developmental disabilities, and is one of the following:
SB19,37 10Section 37. DHS 134.31 (3) (h) of the administrative code is amended to read:
SB19,11,1511 DHS 134.31 (3) (h) Outside activities. Meet with and participate in activities
12of social, religious and community groups at the resident's discretion and with the
13permission of the resident's parents, if the resident is under 18 years of age, or
14guardian, if any, unless contraindicated as documented by the QMRP QIDP in the
15resident's record.
SB19,38 16Section 38. DHS 134.42 (title), (1) and (2) (intro.) of the administrative code
17are amended to read:
SB19,11,22 18DHS 134.42 (title) Qualified mental retardation intellectual
19disabilities
professional (QMRP) (QIDP). (1) Every facility shall have at least
20one qualified mental retardation intellectual disabilities professional on staff in
21addition to the administrator, except that in a facility with 50 or fewer beds the
22administrator, if qualified, may perform the duties of the QMRP QIDP.
SB19,11,23 23(2) (intro.) The duties of the QMRP QIDP shall include:
SB19,39 24Section 39. DHS 134.47 (4) (d) 3. of the administrative code is amended to
25read:
SB19,12,4
1DHS 134.47 (4) (d) 3. In measurable terms, documentation by the qualified
2mental retardation intellectual disabilities professional of the resident's
3performance in relationship to the objectives contained in the individual program
4plan;
SB19,40 5Section 40. DHS 134.53 (4) (c) 2. of the administrative code is amended to read:
SB19,12,146 DHS 134.53 (4) (c) 2. Unless the resident is receiving respite care or unless
7precluded by circumstances posing a danger to the health, safety or welfare of a
8resident, prior to any permanent involuntary removal under sub. (2) (b), a planning
9conference shall be held at least 14 days before removal with the resident, the
10resident's guardian, if any, any appropriate county agency and any persons
11designated by the resident, including the resident's physician or the facility QMRP
12QIDP, to review the need for relocation, assess the effect of relocation on the resident,
13discuss alternative placements and develop a relocation plan which includes at least
14those activities listed in subd. 3.
SB19,41 15Section 41. DHS 134.60 (1) (a) 2. of the administrative code is amended to
16read:
SB19,12,2117 DHS 134.60 (1) (a) 2. Membership on the interdisciplinary team for resident
18care planning may vary based on the professions, disciplines and service areas that
19are relevant to the resident's needs, but shall include a qualified mental retardation
20intellectual disabilities professional and a nurse, and a physician as required under
21s. DHS 134.66 (2) (a) 2. and (c).
SB19,42 22Section 42. DHS 134.60 (2) (a) 1., 2. and 3. of the administrative code are
23amended to read:
SB19,13,524 DHS 134.60 (2) (a) 1. “DD level I" means the classification of a person an
25individual
who functions as profoundly or severely retarded has a profound or severe

1intellectual disability
; is under the age of 18; is severely physically handicapped; is
2aggressive, assaultive or a security risk; or manifests psychotic-like behavior and
3may engage in maladaptive behavior persistently or frequently or in behavior that
4is life-threatening. This person's individual's habilitation program emphasizes
5basic ADL skills and requires intensive staff effort.
SB19,13,106 2. “DD level II" means the classification of a person an individual who functions
7as moderately retarded
has a moderate intellectual disability and who may
8occasionally engage in maladaptive behavior. This person's individual's health
9status may be stable or unstable. This person individual is involved in a habilitation
10program to increase abilities in ADL skills and social skills.
SB19,13,1511 3. “DD level III" means the classification of a person an individual who
12functions as mildly retarded has a mild intellectual disability and who may rarely
13engage in maladaptive behavior. This person's individual's health status is usually
14stable. This person individual is involved in a habilitation program to increase
15domestic and vocational skills.
SB19,43 16Section 43. DHS 134.60 (2) (a) 6. to 9. of the administrative code are amended
17to read:
SB19,13,2018 DHS 134.60 (2) (a) 6. “Mildly retarded Mild intellectual disability" means a
19diagnosis of an intelligence quotient (IQ) of 50 to 55 at the lower end of a range to 70
20at the upper end.
SB19,13,2321 7. “Moderately retarded Moderate intellectual disability" means a diagnosis of
22an intelligence quotient (IQ) of 35 to 40 at the lower end of a range to 50 to 55 at the
23upper end.
SB19,13,2524 8. “Profoundly retarded Profound intellectual disability" means a diagnosis of
25an intelligence quotient (IQ) below 20 to 25.
SB19,14,3
19. “Severely retarded Severe intellectual disability" means a diagnosis of an
2intelligence quotient (IQ) of 20 to 25 at the lower end of a range to 35 to 40 at the upper
3end.
SB19,44 4Section 44. DHS 134.60 (3) (a) 2. of the administrative code is amended to
5read:
SB19,14,106 DHS 134.60 (3) (a) 2. An individual post-institutionalization plan, as part of
7the IPP developed before discharge by a qualified mental retardation intellectual
8disabilities
professional and other appropriate professionals. This shall include
9provision for appropriate services, protective supervision and other follow-up
10services in the resident's new environment.
SB19,45 11Section 45. DHS 134.60 (4) (e) of the administrative code is amended to read:
SB19,14,1512 DHS 134.60 (4) (e) Habilitative or rehabilitative therapies. Any habilitative or
13rehabilitative therapy ordered by a physician or dentist shall be administered by a
14therapist or QMRP QIDP. Any treatments and changes in treatments shall be
15documented in the resident's record.
SB19,46 16Section 46 . DWD 272.09 (1) (e) of the administrative code is amended to read:
SB19,14,2417 DWD 272.09 (1) (e) “Institution" means an entity which may be either a public
18or private entity and either a nonprofit or a for profit entity that receives more than
1950% of its income from providing residential care for sick, aged, or mentally ill or
20retarded
persons or persons with intellectual disabilities. “Institution" includes
21hospitals, nursing homes, intermediate care facilities, rest homes, convalescent
22homes, homes for the elderly and infirm, halfway houses, and residential centers for
23the treatment of drug addiction or alcoholism, whether licensed under s. 50.01,
24Stats., or not licensed.
SB19,47 25Section 47 . DWD 272.09 (1) (n) of the administrative code is amended to read:
SB19,15,11
1DWD 272.09 (1) (n) “Worker with a disability" means an individual whose
2earnings or productive capacity is impaired by a physical or mental intellectual
3disability, including those relating to age or injury, for the work to be performed.
4Disabilities which may affect earning or productive capacity include blindness,
5mental illness, mental retardation intellectual disabilities, cerebral palsy,
6alcoholism and drug addiction. The following, taken by themselves, are not
7considered disabilities for the purposes of this section: vocational, social, cultural, or
8educational disabilities; chronic unemployment; receipt of welfare benefits;
9nonattendance at school; juvenile delinquency; and correctional parole or probation.
10Further, a disability which may affect earning or productive capacity for one type of
11work may not have this effect for another type of work.
SB19,48 12Section 48 . PSC 113.012 (11) of the administrative code is amended to read:
SB19,15,1613 PSC 113.012 (11) “Protective service emergency" means a threat to the health
14or safety of a resident because of the infirmities of aging, mental retardation, other
15developmental or mental intellectual disabilities, or like infirmities incurred at any
16age, or the frailties associated with being very young.
SB19,49 17Section 49 . PSC 134.02 (20) of the administrative code is amended to read:
SB19,15,2118 PSC 134.02 (20) “Protective service emergency" means a threat to the health
19or safety of a resident because of the infirmities of aging, mental retardation, other
20developmental or mental intellectual disabilities, or like infirmities incurred at any
21age, or the frailties associated with being very young.
SB19,50 22Section 50 . PSC 134.062 (8) (c) 3. of the administrative code is amended to
23read:
SB19,16,724 PSC 134.062 (8) (c) 3. A statement that the customer should communicate
25immediately upon receipt of the notice with the utility's designated office, listing a

1telephone number, if he or she disputes the notice of delinquent account, if he or she
2wishes to negotiate a deferred payment agreement as an alternative to
3disconnection, if any resident is seriously ill, or if there are other circumstances, as
4the presence of infants or young children in the household, the presence of aged or
5handicapped residents in the household, the presence of residents who use life
6support systems or equipment or residents who have mental retardation or other
7developmental or mental intellectual disabilities.
SB19,51 8Section 51 . PSC 134.0624 (1) of the administrative code is amended to read:
SB19,16,199 PSC 134.0624 (1) Declaration of policy. The public service commission of
10Wisconsin recognizes that there are many citizens of the state who, because of
11income, infirmities of aging, mental retardation, other developmental or mental
12intellectual disabilities or like infirmities incurred at any age, or the frailties
13associated with being very young, need protection from cold weather disconnections.
14This section is intended to provide that protection as enumerated below. It is the
15further intent of the public service commission that these rules be used as guidelines
16to identify those customers who are not covered by sub. (3). For households subject
17to disconnection under this section, any disconnection permitted by this chapter
18during the cold weather period defined below shall be made only as a last resort, after
19all other legal means of recourse have been attempted and proven unsuccessful.
SB19,52 20Section 52 . PSC 134.0624 (4) of the administrative code is amended to read:
SB19,17,221 PSC 134.0624 (4) Conditions for disconnection. A utility may disconnect only
22those households whose gross quarterly incomes are above 250% of the federal
23income poverty guidelines and where health and safety would not be endangered,
24because of the infirmities of age, mental retardation, other developmental or mental

1intellectual disabilities or like infirmities incurred at any age or the frailties
2associated with being very young, if service were terminated or not restored.
SB19,53 3Section 53 . PSC 185.12 (17) of the administrative code is amended to read:
SB19,17,74 PSC 185.12 (17) “Protective service emergency" means a threat to the health
5or safety of a resident because of the infirmities of aging, mental retardation, other
6developmental or mental intellectual disabilities, or like infirmities incurred at any
7age, or the frailties associated with being very young;
SB19,54 8Section 54 . PSC 185.37 (11) (f) 3. of the administrative code is amended to
9read:
SB19,17,1810 PSC 185.37 (11) (f) 3. A statement that the customer shall communicate
11immediately upon receipt of the notice with the utility's designated office, listing a
12telephone number, if the customer disputes the notice of delinquent account, if the
13customer wishes to negotiate a deferred payment agreement as an alternative to
14disconnection, if any resident is seriously ill, or if there are other extenuating
15circumstances, as the presence of infants or young children in the household, the
16presence of aged, or persons with disabilities in the household, the presence of
17residents who use life support systems or equipment or residents who have mental
18retardation or other
developmental or mental intellectual disabilities;
SB19,55 19Section 55 . SPS 326.10 (15) of the administrative code is amended to read:
SB19,17,2320 SPS 326.10 (15) “Protective services emergency" means a threat to the health
21or safety of a community resident because of the infirmities of aging, mental
22retardation,
other developmental or mental intellectual disabilities, or the frailties
23associated with being very young.
SB19,56 24Section 56. Nonstatutory provisions.
SB19,18,3
1(1) The legislative reference bureau shall make the following terminology
2changes in any notes to rules promulgated by the department of health services or
3the department of safety and professional services:
SB19,18,44 (a) “Mental retardation" to “intellectual disability".
SB19,18,65 (b) “Intermediate care facility for the mentally retarded" to “intermediate care
6facility for individuals with intellectual disabilities."
SB19,18,77 (c) “ICF/MR" or “ICF-MR" to “ICF-IID."
SB19,18,88 (End)
Loading...
Loading...