Chapter DHS 129

DHS 129.03   Definitions.

DHS 129.04   Waivers and variances.

Subchapter II — Nurse Aide Training and Testing

DHS 129.05   Nurse aide training program approval process.

DHS 129.06   Standards for instructors of nurse aide training programs.

DHS 129.07   Standards for nurse aide training programs.

DHS 129.08   Standards for nurse aide competency evaluation programs.

DHS 129.09   Registry.

DHS 129.10   Nurse aide program appeals.

Subchapter III — Feeding Assistants

DHS 129.11   Feeding assistant training program requirements.

DHS 129.12   Feeding assistant training program curriculum.

DHS 129.13   Feeding assistant training program completion.

DHS 129.14   Standards for instructors of feeding assistant training programs.

DHS 129.15   Feeding assistant training program approval process.

DHS 129.16   Feeding assistant employment requirements.

DHS 129.17   Feeding assistant training program requirements.

DHS 129.18   Feeding assistant training program record retention requirements.

DHS 129.19   Feeding assistant training program prohibitions.

DHS 129.20   Feeding assistant training program appeals.

Subchapter IV — Medication Aides

DHS 129.21   Medication aide training program application and approval process.

DHS 129.22   Standards for instructors of medication aide training programs.

DHS 129.23   Nursing home medication aide student qualifications.

DHS 129.24   Standards for nursing home medication aide training programs.

DHS 129.25   Nursing home medication aide training program operation.

DHS 129.26   Medication aide training program prohibitions.

DHS 129.27   Hospice medication aide training program approval process.

DHS 129.28   Standards for instructors of hospice medication aide training programs.

DHS 129.29   Hospice medication aide student qualifications.

DHS 129.30   Standards for hospice medication aide training programs.

DHS 129.31   Hospice medication aide training program operation.

Ch. DHS 129 Note Note: Chapter HSS 129 was renumbered to chapter HFS 129 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522. Chapter HFS 129 as it existed on November 30, 2008, was repealed and a new chapter DHS 129, as renumbered from chapter HFS 129 under s. 13.92 (4) (b) 1., Stats., was created, Register November 2008 No. 635, effective December 1, 2008.

subch. I of ch. DHS 129 Subchapter I — General Provisions

DHS 129.01 DHS 129.01 Authority and purpose. This chapter is promulgated under the authority of ss. 146.40 (2m), (3), (3g), and (5), and 227.11 (2) (a), Stats., to provide conditions of approval for training programs and competency evaluation programs for persons who work as nurse aides, medication aides or feeding assistants in hospitals, nursing homes or facilities for the developmentally disabled, home health agencies or hospices certified under 42 USC 1395 to 1395ccc, and conditions for including persons in the department’s registry of nurse aides.

DHS 129.01 History History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 16-088: am. Register September 2017 No. 741, eff. 10-1-17.

DHS 129.02 DHS 129.02 Applicability. This chapter applies to any facility, agency or other organization that proposes to maintain a registry of nurse aides, train or administer competency evaluation testing of nurse aides, feeding assistants, or medication aides under a program approved by or under contract with the department under this chapter, and to all persons automatically included or eligible for inclusion and requesting inclusion in the department’s registry of nurse aides.

DHS 129.02 History History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.

DHS 129.03 DHS 129.03 Definitions. In this chapter:

DHS 129.03(1) (1) “Abuse” has the meaning specified in s. DHS 13.03 (1).

DHS 129.03(2) (2) “Basic nursing course” means a course or combination of courses that contain the basic nursing skills, competencies and knowledge that the department is satisfied are generally equivalent in content to the skills contained in s. DHS 129.07 (1).

DHS 129.03(3) (3) “Body mechanics” means the use of the muscle and skeletal systems during activity and when positioning the body for work tasks, given that the task is within the limits of worker capability when assisting in the movement, positioning and transfer of clients.

DHS 129.03(4) (4) “Caregiver misconduct registry” has the meaning specified in s. DHS 13.03 (4).

DHS 129.03(5) (5) “Client” means a person receiving care, treatment or diagnostic services from a health care provider.

DHS 129.03(6) (6) “Client care ergonomics” means a multifaceted, standardized approach for client mobility tasks, which incorporates the evaluation of client characteristics to assure proper selection and use of equipment by caregivers according to algorithms for client transfer and mobility activities.

DHS 129.03(7) (7) “Client related services” means care, treatment or diagnostic services provided to a client.

DHS 129.03(8) (8) “Clinical setting” means one of the following:

DHS 129.03(8)(a) (a) A practice setting where care and treatment of clients occur.

DHS 129.03(8)(b) (b) A health care-related setting, where care and treatment of clients occurs.

DHS 129.03(9) (9) “Competency evaluation program” means a testing program for nurse aides that is approved under this chapter and consists of all of the following components:

DHS 129.03(9)(a) (a) A written or oral examination.

DHS 129.03(9)(b) (b) A skills demonstration examination.

DHS 129.03(10) (10) “Complicated feeding problems” means difficulty in swallowing, recurrent lung aspiration, or tube or parenteral or IV feedings.

DHS 129.03(11) (11) “Department” means the Wisconsin department of health services.

DHS 129.03(12) (12) “Developmental tasks” means those functions normally associated with the aging process, including acceptance of and adjustment to psychosocial and physiological processes, transition throughout adulthood, retirement development, and life review.

DHS 129.03(13) (13) “Direct supervision” means that an RN or LPN is immediately available on the same unit, floor or wing as the nurse aide while the nurse aide is performing client-related services.

DHS 129.03(14) (14) “Employment” means working for another for compensation on a full-time, part-time, temporary, per diem, contractual or other basis.

DHS 129.03(15) (15) “Facility for the developmentally disabled” means a place or a distinct part of a place where five or more unrelated persons reside and who, because of their developmental disabilities, require access to 24-hour nursing care or treatment for developmental disabilities as defined under rules promulgated by the department for facilities for the developmentally disabled. “Facility for the developmentally disabled” does not include any of the following:

DHS 129.03(15)(a) (a) A convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual.

DHS 129.03(15)(b) (b) A hospice that directly provides inpatient care.

DHS 129.03(15)(c) (c) An assisted living facility, as defined in s. 50.034, Stats.

DHS 129.03(15)(d) (d) A nursing home.

DHS 129.03(16) (16) “Feeding assistant” means a person at least 16 years old who has completed a state-approved feeding assistant training program and who is paid by a nursing home, or a person who is used under an arrangement with another agency or organization to assist clients who have no feeding complications with the activities of eating and drinking. “Feeding assistant” does not mean an individual who is a licensed health professional or registered dietician; volunteers without money compensation; or a nurse aide.

DHS 129.03(17) (17) “General supervision” means at least intermittent face-to-face contact between supervisor and nurse aide, but does not require the continuous presence of the supervisor in the same area during client-related services.

DHS 129.03(18) (18) “Disability” means a physical or mental impairment that makes ability to care for oneself unusually difficult or limits one’s capacity to work.

DHS 129.03(19) (19) “Health care provider” means any of the following:

DHS 129.03(19)(a) (a) A nursing home.

DHS 129.03(19)(b) (b) A facility for the developmentally disabled.

DHS 129.03(19)(c) (c) An intermediate care facility for individuals with intellectual disabilities.

DHS 129.03(19)(d) (d) A hospital.

DHS 129.03(19)(e) (e) A home health agency.

DHS 129.03(19)(f) (f) A hospice.

DHS 129.03(19)(g) (g) A rural medical center that provides one or more of the services listed in pars. (a) to (f).

DHS 129.03(20) (20) “Home health agency” has the meaning specified in s. 50.49 (1), Stats.

DHS 129.03(21) (21) “Hospice” means an organization, program or place as defined in s. 50.90 (1), Stats., and ch. DHS 131, and is certified as a provider of services under 42 USC 1395 to 1395ccc.

DHS 129.03(22) (22) “Hospice medication aide” means a nurse aide who is able to administer medications in a hospice after passing a department-approved medication course.

DHS 129.03(23) (23) “Hospital” has the meaning specified in s. 50.33 (2), Stats.

DHS 129.03(24) (24) “Licensed health care professional” means a physician, physician’s assistant, nurse practitioner, physical, speech or occupational therapist, an occupational therapy assistant, a registered nurse, a licensed practical nurse or any other health or health service professional subject to the jurisdiction of the Wisconsin department of safety and professional services.

DHS 129.03(25) (25) “Licensed practical nurse (LPN)” means an individual who is licensed under s. 441.10 (1) and (4) to (8), Stats., or who has a temporary permit under s. 441.10 (9), Stats.

DHS 129.03(26) (26) “Mechanical support” means any article, device or garment that is used only to achieve the proper position or balance of the client.

DHS 129.03(27) (27) “Misappropriation” has the meaning specified in s. DHS 13.03 (12).

DHS 129.03(28) (28) “Misconduct” means abuse or neglect of a client or misappropriation of a client’s property as specified in s. DHS 13.03 (1), (12) and (14).

DHS 129.03(29) (29) “Neglect” has the meaning specified in s. DHS 13.03 (14).

DHS 129.03(30) (30) 

DHS 129.03(30)(a) (a) “Nurse aide” means a person, regardless of the person’s title, who provides routine client-related services under the supervision of a registered nurse or licensed practical nurse. “Nurse aide” includes any of the following:

DHS 129.03(30)(a)1. 1. Any person on the registry.

DHS 129.03(30)(a)2. 2. Any person providing nursing or nursing-related services to clients, regardless of the title under which the person is employed, except individuals in sub. (31).

DHS 129.03(30)(a)3. 3. Any person who has successfully completed a training program under s. DHS 129.07 and a competency evaluation program under s. DHS 129.08.