Wisconsin Legislature: DHS 75.36

DHS 75.29 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.30DHS 75.30 Fit and qualified standards.

DHS 75.30(1)(1) Eligibility. An applicant may not be certified unless the department determines the applicant is fit and qualified to operate a service.

DHS 75.30(2)(2) Standards. In determining whether an applicant is fit and qualified, the department shall consider all of the following:

DHS 75.30(2)(a)(a) Compliance history. The applicant’s history of compliance with Wisconsin or any other state’s licensing requirements and with any federal certification requirements, including any license or certification revocation or denial.

DHS 75.30(2)(b)(b) Criminal history. The applicant’s arrest history and criminal records, including whether any crime is substantially related to the care of a client, as provided in s. DHS 12.06.

DHS 75.30(2)(c)(c) Financial history. The applicant’s financial stability, including outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines and bankruptcies.

DHS 75.30 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.31DHS 75.31 Services for non-ambulatory or semi-ambulatory patients.

DHS 75.31(1)(1) A residential service that provides treatment services for patients that are non-ambulatory shall meet the requirements under subchs. IX, X, XI of ch. DHS 83 for class A non-ambulatory and class C non-ambulatory facilities.

DHS 75.31(2)(2) A residential service that provides treatment services for patients that are semi-ambulatory shall meet the requirements under subchs. IX, X, and XI of ch. DHS 83 for class A semi-ambulatory and class C semi-ambulatory facilities.

DHS 75.31(3)(3) A residential service shall not provide treatment services for non-ambulatory or semi-ambulatory patients unless certified by the department under this chapter or under ch. DHS 83 to do so. A residential service shall be understood as serving only ambulatory patients unless specified within the service application and certification.

DHS 75.31 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.32DHS 75.32 General facility requirements.

DHS 75.32(1)(1) Hours of operation. A residential service shall operate 24 hours per day, 7 days per week.

DHS 75.32(2)(2) General. The facility of the residential service shall be constructed and maintained so that it is functional for assessment and treatment and for the delivery of health services appropriate to the needs of the community and with due regard for protecting the health and safety of the patients.

DHS 75.32(3)(3) Capacity. No residential service shall have more residents at any given time than the maximum capacity indicated on the department-approved certification.

DHS 75.32(4)(4) Physical separation. A residential service facility shall be physically separated from other entities, programs, and services. A residential service facility’s living areas shall be separate and secure from non-resident entry and use.

DHS 75.32 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.33DHS 75.33 Residential personnel requirements.

DHS 75.33(1)(1) Staff orientation and training. A residential service shall meet the staff training and orientation requirements in ss. DHS 83.19 to 83.21 and 83.23 to 83.25. A service shall maintain documentation of required training in each staff member’s personnel record.

DHS 75.33(2)(2) Staffing. A residential service shall meet the staffing requirements under s. DHS 83.36.

DHS 75.33 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.34DHS 75.34 Residential service records. A residential service shall meet the requirements for general records under s. DHS 83.13.

DHS 75.34 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.35DHS 75.35 Residential services for minors.

DHS 75.35(1)(1) A residential service that provides services to minors shall maintain physically separate and secure living areas for minors and adults, unless there is a documented clinical need for an exception to this age requirement for transitional age youth, and this exception is approved by the service director.

DHS 75.35(2)(2) A residential service that provides services to minors shall have a written policy and procedure for addressing the educational needs of each participating minor.

DHS 75.35 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.36DHS 75.36 Residential services for parents with residing minors. A residential service that allows for minors to reside at the facility while their parent or guardian receives treatment services at the facility, shall ensure the following:

DHS 75.36(1)(1) The service shall have written policies and procedures that address the safety of residing minors, supervision of residing minors, family services and supports, and behavioral expectations and interventions for residing minors.

DHS 75.36(2)(2) A residing family shall not share a bedroom with other residents of the service.

DHS 75.36(3)(3) A service with residing minors shall have a written policy and procedure for addressing the educational needs of each residing minor.

DHS 75.36 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.37DHS 75.37 Emergency medical care for residents.

DHS 75.37(1)(1) A residential service shall have written policies and procedures for training staff members in life-sustaining techniques, which may include cardiopulmonary resuscitation, use of an automated external defibrillator, and emergency first aid.

DHS 75.37(2)(2) A residential service shall have a written plan for the provision of emergency medical care for patients.

DHS 75.37(3)(3) A residential service shall have a written plan for the provision of emergency transportation for patients needing emergency medical services.

DHS 75.37(4)(4) Residential service staff shall be trained to implement the plan for emergency medical care and emergency transportation within 14 days of hire and annually thereafter.

DHS 75.37 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.38DHS 75.38 Seclusion and restraints.

DHS 75.38(1)(1) A service under this chapter is prohibited from the use of seclusion or restraints, unless the service meets all requirements outlined in s. 51.61 (1) (i), Stats.

DHS 75.38(2)(2) A service under this chapter is prohibited from the use of seclusion or restraint as part of a treatment program, except in emergency situations as provided in s. 51.61 (1) (i), Stats.

DHS 75.38 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.39DHS 75.39 Medications. A residential service shall meet the requirements for medications under s. DHS 75.24 (19) or 83.37, whichever standard is higher. The medication storage area shall be clean, and shall be separated by a wall from any restroom, cleaning products, or any food-preparation or storage area.

DHS 75.39 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.40DHS 75.40 Infection control program. A residential service shall meet the requirements for an infection control program under s. DHS 83.39.

DHS 75.40 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.41DHS 75.41 Food service. A residential service shall meet the requirements for food service under s. DHS 83.41.

DHS 75.41 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.42DHS 75.42 Physical environment.

DHS 75.42(1)(1) A residential service shall meet the requirements for physical environment under ss. DHS 83.43 to 83.46.

DHS 75.42(2)(2) A residential service that provides physical examinations or medical services shall have a patient examination or medical room. The patient examination or medical room shall contain all of the following:

DHS 75.42(2)(a)(a) A wall that physically separates the patient examination or medical room from other bedrooms, living areas, staff areas, or facility common areas.

DHS 75.42(2)(b)(b) A curtain for privacy.

DHS 75.42(2)(c)(c) A functioning sink that is equipped with appropriate equipment and supplies for infection prevention.

DHS 75.42(2)(d)(d) A medical examination table.

DHS 75.42(3)(3) A residential service that has a patient examination or medical room shall have written policies and procedures in place to ensure the room is appropriate for physical examinations or medical services. These polices shall, at minimum, contain provisions for all of the following:

DHS 75.42(3)(a)(a) Removal of soiled linens after each use.

DHS 75.42(3)(b)(b) Cleaning of surfaces, equipment, and floors after each use.

DHS 75.42(3)(c)(c) Designating the room as an examination or medical room and prohibiting non-medical uses of the room.

DHS 75.42 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.43DHS 75.43 Safety.

DHS 75.43(1)(1) A residential service shall meet the requirements for safety under ss. DHS 83.47 to 83.51.

DHS 75.43(2)(2) A residential service shall have written policies and procedures for ensuring that the facility and staffing arrangements are adequate for the needs of the population to be served. Policies and procedures shall include:

DHS 75.43(2)(a)(a) Safety of facility entrances and exits.

DHS 75.43(2)(b)(b) Facility design such as ligature risk prevention, tamper-resistant electrical outlets, control of sharps, impact resistant glass, and anchoring of furniture.

DHS 75.43(2)(c)(c) Search of patients and property.

DHS 75.43(2)(d)(d) Levels of staff observation required to address patient needs.

DHS 75.43(2)(e)(e) Co-mingled populations.

DHS 75.43(3)(3) Policies and procedures shall be reviewed annually, and any required modifications shall be completed.

DHS 75.43 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.44DHS 75.44 Guests and visitors. A residential service shall have written policies and procedures regarding guests and visitors. Policies and procedures shall include:

DHS 75.44(1)(1) Areas prohibited from guest and visitor access.

DHS 75.44(2)(2) Procedures to ensure confidentiality for service patients.

DHS 75.44(3)(3) Management of risks such as the delivery of drugs or alcohol by guests and visitors, the possession or delivery of weapons or other contraband by guests and visitors, or potential violent behavior of guests or visitors.

DHS 75.44 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.45DHS 75.45 Building design. A residential service shall meet the requirements for building design under ss. DHS 83.52 to 83.61.

DHS 75.45 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.46DHS 75.46 Requirements for new construction, remodeling, additions, or newly-certified existing structures. A residential service shall meet the requirements for building design under ss. DHS 83.62 to 83.64.

DHS 75.46 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

subch. VI of ch. DHS 75Subchapter VI — Additional Requirements for Treatment Service Levels of Care

DHS 75.47DHS 75.47 Applicability of other requirements.

DHS 75.47(1)(1) Relationship to treatment service general requirements. The requirements for a treatment service provided in subch. IV apply to this subchapter as the minimum standards for any service in this subchapter. If a requirement in any section of this subchapter is inconsistent with, or poses a more restrictive standard than a similar provision in subch. IV, the requirement is this subchapter shall control.

DHS 75.47(2)(2) Relationship to residential service facility requirements. The requirements for a residential treatment service provided in subch. V apply to this subchapter as the minimum standards for residential services under this subchapter. If a requirement regarding any residential services in this subchapter is inconsistent with, or poses a more restrictive standard than a similar provision in subch. V, the requirement is this subchapter shall control.

DHS 75.47 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.48DHS 75.48 Service requirements by level of care tables.

DHS 75.48(1)(1) Table 75.48 (1) establishes additional requirements for outpatient levels of care.

DHS 75.48(2)(2) Table 75.48 (2) establishes additional requirements for residential levels of care.