Chapter DHS 94

Chapter DHS 94

PATIENT RIGHTS AND RESOLUTION OF PATIENT GRIEVANCES

Subchapter I — General Provisions

DHS 94.01   Authority, purpose and applicability.

DHS 94.02   Definitions.

DHS 94.03   Informed consent.

DHS 94.04   Notification of rights.

Subchapter II — Patient Rights

DHS 94.05   Limitation or denial of rights.

DHS 94.06   Assistance in the exercise of rights.

DHS 94.07   Least restrictive treatment and conditions.

DHS 94.08   Prompt and adequate treatment.

DHS 94.09   Medications and other treatment.

DHS 94.10   Isolation, seclusion and physical restraints.

DHS 94.11   Electroconvulsive therapy.

DHS 94.12   Drastic treatment procedures.

DHS 94.13   Research and human rights committee.

DHS 94.14   Research.

DHS 94.15   Labor performed by patients.

DHS 94.16   Religious worship.

DHS 94.17   Confidentiality of records.

DHS 94.18   Filming and taping.

DHS 94.19   Mail.

DHS 94.20   Telephone calls.

DHS 94.21   Visitors.

DHS 94.22   Voting.

DHS 94.23   Discharge of voluntary patients.

DHS 94.24   Humane psychological and physical environment.

DHS 94.25   Patient funds.

DHS 94.26   Clothing and laundry.

DHS 94.27   Storage space.

DHS 94.28   Right to file grievances.

DHS 94.29   Grievance resolution procedures.

DHS 94.30   Compliance assurance.

DHS 94.31   Application of other rules and regulations.

Subchapter III — Standards for Grievance Resolution Procedures

DHS 94.40   System requirements.

DHS 94.41   Program level review.

DHS 94.42   Administrative review by county or state.

DHS 94.43   State level review of county administrative decision.

DHS 94.44   Final state review.

DHS 94.45   Program coalitions.

DHS 94.46   Multiple grievances by one client.

DHS 94.47   Related grievances by several clients.

DHS 94.48   Grievances involving several programs.

DHS 94.49   Grievances presented on behalf of clients.

DHS 94.50   Interim relief.

DHS 94.51   Complaints related to the existence or operation of grievance resolution systems.

DHS 94.52   Investigation by the department.

DHS 94.53   Support for development of grievance resolution systems.

DHS 94.54   Units of time.

Ch. DHS 94 Note Note: Corrections in chapter HFS 94 made under s. 13.93 (2m) (b) 1., 6. and 7., Stats., Register, June, 1996, No. 486. Chapter HFS 94 was renumbered to chapter DHS 94 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 94 was reprinted Register December 2010 No. 660 to reflect Note revisions.

subch. I of ch. DHS 94 Subchapter I — General Provisions

DHS 94.01 DHS 94.01 Authority, purpose and applicability.

DHS 94.01(1) (1) Authority and purpose. This chapter is promulgated under the authority of s. 51.61 (5) (b) and (9), Stats., to implement s. 51.61, Stats., concerning the rights of patients receiving treatment for mental illness, a developmental disability, alcohol abuse or dependency or other drug abuse or dependency.

DHS 94.01(2) (2) To whom the rules apply.

DHS 94.01(2)(a) (a) Except as provided in par. (b), this chapter applies to the department, to county departments established under s. 46.23, 51.42 or 51.437, Stats., and to all treatment facilities and other service providers, whether or not under contract to a county department, including the state-operated mental health institutes and centers for the developmentally disabled, habilitation or rehabilitation programs, programs certified under ch. DHS 61 and facilities licensed under ch. DHS 124 which also provide treatment for alcoholic, drug dependent, mentally ill or developmentally disabled persons. This chapter also applies to correctional institutions in which inmates receive treatment for mental disorders, but only in relation to patient rights specified in s. 51.61 (1) (a), (d), (f), (g), (h), (j) and (k), Stats. This chapter does not apply to a hospital emergency room.

DHS 94.01 Note Note: The mental health treatment of inmates of correctional institutions is governed by ch. DOC 314. The application of ch. DHS 94 to correctional institutions is consistent with ss. DOC 314.02 (9) and 314.04 (1) (c).

DHS 94.01(2)(b) (b) Subchapter III does not apply to the grievance procedures of the state mental health institutes, the state centers for persons with developmental disabilities or units housing patients committed under ch. 980, Stats., nor does it apply to individual private practitioners who deliver services through offices that are not part of a program.

DHS 94.01 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; am. (1), renum. (2) to be (2) (a) and am., cr. (2) (b), Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.02 DHS 94.02 Definitions. In this chapter:

DHS 94.02(1) (1) “Body cavity search” means a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.