Chapter DHS 134

Register July 2011 No. 667

Chapter DHS 134

FACILITIES SERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES

Subchapter I — General

DHS 134.11   Authority and purpose.

DHS 134.12   Scope.

DHS 134.13   Definitions.

DHS 134.14   Licensure.

DHS 134.15   Waivers and variances.

Subchapter II — Residents’ Rights and Protections

DHS 134.31   Rights of residents.

DHS 134.32   Community organization access.

DHS 134.33   Housing residents in locked units.

Subchapter III — Management

DHS 134.41   Administrator.

DHS 134.42   Qualified intellectual disabilities professional (QIDP).

DHS 134.44   Employees and other service providers.

DHS 134.45   Employee development.

DHS 134.46   Abuse of residents.

DHS 134.47   Records.

Subchapter IV — Admission, Retention and Removal

DHS 134.51   Limitations on admissions and retentions.

DHS 134.52   Admission-related requirements.

DHS 134.53   Removal from the facility.

DHS 134.54   Transfer within the facility.

Subchapter V — Services

DHS 134.60   Resident care.

DHS 134.61   Nursing services.

DHS 134.62   Professional program services.

DHS 134.64   Dietetic services.

DHS 134.65   Dental services.

DHS 134.66   Medical services.

DHS 134.67   Pharmaceutical services.

DHS 134.68   Laboratory, radiologic and blood services.

DHS 134.70   Special requirements when persons are admitted for short-term care.

Subchapter VI — Physical Environment

DHS 134.71   Furniture, equipment and supplies.

DHS 134.72   Safety and sanitation.

Subchapter VII — Life Safety, Design and Construction

DHS 134.81   Scope and definitions.

DHS 134.812   Review for compliance with this chapter and the state building code.

DHS 134.815   Fees for plan reviews.

DHS 134.82   Life safety code.

DHS 134.83   Safety and systems.

DHS 134.84   Design.

Ch. DHS 134 Note Note: Chapter H 34 as it existed on June 30, 1988 was repealed and a new chapter HFS 134 was created effective July 1, 1988; Chapter HSS 134 was renumbered chapter HFS 134 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492. Chapter HFS 134 was renumbered chapter DHS 134 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 134 Subchapter I — General

DHS 134.11 DHS 134.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) and (3), Stats., to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. This chapter is intended to protect and promote the health, safety and well-being of residents of these facilities.

DHS 134.11 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 03-033: am. Register December 2003 No. 576, eff. 1-1-04.

DHS 134.12 DHS 134.12 Scope.

DHS 134.12(1) (1) Applicability. All facilities that provide care primarily for people with developmental disabilities who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chapter.

DHS 134.12(2) (2) Cumulative rights. The rights and safeguards provided by these rules are cumulative and may not be construed as restricting any right or safeguard provided for any resident by ch. 50, 51, 54, or 55, Stats., or any other applicable statute or rule.

DHS 134.12 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 03-033: am. (1) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (1) Register October 2004 No. 586, eff. 11-1-04; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622.

DHS 134.13 DHS 134.13 Definitions. In this chapter:

DHS 134.13(1) (1) “Abuse” has the meaning specified under s. DHS 13.03 (1).

DHS 134.13(2) (2) “Active treatment” means an ongoing, aggressive and consistently applied program of training and treatment services to allow the client to function as independently as possible and maintain his or her maximum functional abilities.

DHS 134.13(3) (3) “ADL” or “activities of daily living” means personal skills essential for privacy and independence including toilet training, personal hygiene, self feeding, bathing, dressing, grooming and communication of basic needs.

DHS 134.13(4) (4) “Administrator” means a person who is licensed under ch. 456, Stats., and who is responsible for the total operation of the facility.

DHS 134.13(4m) (4m) “Advanced practice nurse prescriber” means a person who has been granted a certificate to issue prescription orders under s. 441.16 (2), Stats.

DHS 134.13(5) (5) “Ambulatory” means able to walk independently or with limited assistance from a person or equipment, such as a walker or cane.

DHS 134.13(6) (6) “Behavior management” means a method used to establish, alter, maintain or eliminate specified behaviors by providing reinforcement that increases the strength of appropriate behaviors and decreases the strength of inappropriate behaviors.

DHS 134.13(7) (7) “Center for the developmentally disabled” means a department-operated residential institution for the care of people with developmental disabilities.

DHS 134.13 Note Note: There are 3 state centers for people with developmental disabilities in Wisconsin: Central Center, Northern Center and Southern Center.

DHS 134.13(8) (8) “Department” means the Wisconsin department of health services.

DHS 134.13(9) (9) “Developmental disability” means intellectual disability or a related condition such as cerebral palsy, epilepsy or autism, but excluding mental illness and degenerative brain disorder, which is:

DHS 134.13(9)(a) (a) Manifested before the individual reaches age 22;

DHS 134.13(9)(b) (b) Likely to continue indefinitely; and

DHS 134.13(9)(c) (c) Results in substantial functional limitations in 3 or more of the following areas of major life activity:

DHS 134.13(9)(c)1. 1. Self-care;

DHS 134.13(9)(c)2. 2. Understanding and use of language;

DHS 134.13(9)(c)3. 3. Learning;